Local
Cuccinelli denied sodomy ruling rehearing
Will Virginia Attorney General take case to Supreme Court?

Virginia Attorney General Kenneth Cuccinelli hoped to challenge a ruling that overturned the state’s sodomy law. (Washington Blade file photo by Michael Key)
The Fourth Circuit U.S. Court of Appeals in Richmond issued an order on Monday denying a petition by Virginia Attorney General Ken Cuccinelli asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.
In an action that surprised some court observers, the order says none of the court’s judges requested a poll among themselves to determine which, if any of them, favored Cuccinelli’s request for an en banc rehearing of the sodomy case by the court’s 15 active judges and one senior judge.
Under court rules, if no judge calls for a poll or vote on the issue, the petition for a rehearing is automatically denied in what, in effect, becomes a unanimous decision.
Among the judges that chose not to approve a rehearing was Judge Albert Diaz, who wrote the dissent in the three-judge panel’s 2-1 ruling declaring Virginia’s “Crimes Against Nature” statute unconstitutional. The statute classifies sodomy between consenting adults, gay or straight, as a crime.
“It’s a pretty resounding rejection,” said Claire Gastanaga, executive director of the ACLU of Virginia, which filed a friend of the court brief urging the three-judge panel to overturn the state sodomy law. “There really wasn’t any interest in doing this at all by anybody.”
Caroline Gibson, Cuccinelli’s deputy communications director, didn’t respond to a question from the Blade about whether Cuccinelli plans to petition the U.S. Supreme Court to take the case, which would be the last remaining step to challenge the appeals court ruling overturning the sodomy law.
“We would hope that they wouldn’t,” Gastanaga said. “We would hope that they would understand what they need to do is work to get this law off the books. But I wouldn’t be surprised if they filed a petition for cert.”
Gastanaga was referring to the process for taking a case before the Supreme Court through the filing of a petition for a Writ of Certiorari. At least four of the nine justices on the high court must approve certiorari or “cert” in order for the court to accept a case for consideration on the merits.
The March 12 ruling by the three-judge panel of the Fourth Circuit appeals court overturned a lower court decision upholding the conviction of a 47-year-old man charged in 2004 with soliciting a 17-year-old woman to engage in oral sex on grounds that the sodomy statute is unconstitutional. No sexual encounter took place, according to court records.
Cuccinelli’s office argued in its 21-page petition for a rehearing that the Supreme Court’s 2003 Lawrence v. Texas decision overturning state sodomy laws didn’t apply to cases involving minors. However, Fourth Circuit Court of Appeals Judge Robert King, who wrote the majority opinion, said the Lawrence decision rendered the Virginia sodomy statute “facially” or completely unconstitutional.
“As we stated last week, this case has nothing to do with sexual orientation or private sexual acts between consenting adults,” Gibson told the Blade in an email on Tuesday. “It’s about using current law to protect a 17-year-old girl from a 47-year-old sexual predator. The attorney general is committed to protecting Virginia’s children from predators who attempt to exploit them and rob them of their childhood.”
Gibson said Cuccinelli agreed with the dissenting judge that the defendant in the case wasn’t entitled to relief from the three-judge panel of the fourth circuit appeals court and the full court should have been given an opportunity to decide the matter.
Judge King stated in the majority opinion that other laws could be used to prosecute an adult for engaging in sex with a minor and that the state legislature would likely have authority under the Lawrence decision to pass a new law specifically outlawing sodomy between an adult and a minor.
Virginia State Sen. Adam Ebbin (D-Alexandria), who’s gay, has said he is considering introducing a bill next year to repeal the Crimes Against Nature law for consenting adults.
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Congratulations to Peter Schott on being honored by Delaware Gov. Matt Meyer on National Honor our LGBTQ Elders Day.
Schott is a prominent LGBTQ advocate and seasoned political strategist who has spent decades advancing civil rights at the national and state levels. Following a distinguished 25-year career as a staff assistant in the U.S. House of Representatives, Schott leveraged his extensive legislative expertise to help organize the National Stonewall Democrats, serving as an influential member of its national board.
After moving to Delaware in 2002, he became a foundational figure in the state’s LGBTQ political landscape, co-founding the Delaware Stonewall PAC, (now Stonewall Delaware) to champion the election of pro-equality candidates. His strategic lobbying and community organizing were instrumental in the successful passage of Delaware’s landmark non-discrimination, civil union, and marriage equality laws. A former member of the State Human Relations Commission, he remains a vital voice for the LGBTQ community in the Mid-Atlantic, continuing to document and drive social progress through his activism and writing. Schott currently serves as vice chair of the Delaware Democratic Pride Caucus, and a board member of Speak Out Against Hate (SOAH). He was a delegate to two Democratic National Conventions.
He earned a bachelor’s degree in Political Science, New York University; and a master’s of Public Administration degree from American University.
District of Columbia
Doc on Blade reporter Chibbaro scores Emmy nomination
‘Lou’s Legacy’ chronicles 50-year career
“Lou’s Legacy: A Reporter’s Life at the Washington Blade” has been nominated for a Capital Emmy in the “Documentary – Historical” category by the National Capital Chesapeake Bay Chapter of the National Academy of Television Arts & Sciences.
“Our members include all of the video content producers who serve our local audiences in Washington, DC, Maryland and Virginia—from the Atlantic to the Appalachians, from Bristol to Baltimore,” said Capitol Emmys President Adam Longo in a press release.
Broadcast last June by WETA PBS in Washington, D.C. and MPT in Maryland, the documentary was directed and produced by Emmy-nominated filmmaker Patrick Sammon in association with the Mattachine Society of Washington, D.C. Additional nominees who worked on the film include producer Julianne Donofrio and editor Amir Jaffer.
“Lou’s Legacy” tells the story of two D.C. icons — legendary Washington Blade reporter Lou Chibbaro Jr. and beloved drag performer Donnell Robinson, known to generations of Washington audiences as “Ella Fitzgerald.” Through Chibbaro’s nearly five-decade career at the Blade and Ella’s return to the stage after a three-year hiatus following COVID, the 29-minute documentary explores the history of Washington’s LGBTQ community and today’s rising backlash against LGBTQ rights, including laws targeting drag performers.
“We’re honored that Lou’s Legacy has been recognized alongside such an impressive group of historical documentaries,” said Sammon. “This nomination is especially meaningful because the film preserves and celebrates the stories of people who helped shape queer history in Washington, DC — often without recognition from mainstream institutions. We’re deeply grateful to the Mattachine Society, Lou Chibbaro Jr., Donnell Robinson, WETA PBS, and everyone who helped bring this project to life.”
“Lou’s Legacy” premiered on WETA PBS in June 2025 during Pride month. The documentary also broadcast on Maryland Public Television and is streaming nationally on PBS.org. WETA will rebroadcast “Lou’s Legacy” several times during Pride month, including June 15 th at 9 p.m. Winners of the Capital Emmy Awards will be announced at the Capital Emmy Gala on June 20 at the Bethesda Marriott Hotel.
Rehoboth Beach
Don’t let Rehoboth rain deter you, there’s lots to do for Memorial Day
Local businesses ready to host thousands this weekend
Although the weather is not expected to produce a picturesque Memorial Day Weekend at the Nation’s Summer Capital, plenty of exciting LGBTQ-friendly events, gatherings, and celebrations remain planned in Rehoboth Beach, Del., come rain or shine.
Thursday (5/21)
Begin this Memorial Day Weekend early on Thursday at The Pines Coastal Tavern, an LGBTQ+ friendly bar and grill that offers a happy hour from 4-6 p.m and a comfort food weekly special on Thursdays.
Next, you have a few options to spend your night enjoying live music, drag performances, and karaoke across Rehoboth.
The Purple Parrot Grill, Rehoboth’s only biergarten, will host its weekly Thursday Karaoke night starting at 9 p.m. With no cover fee, the Purple Parrot offers a queer-friendly space to have a drink or two and sing your heart out with friends.
Aqua, an LGBTQ bar in Rehoboth, is featuring six different DJs from Thursday to Monday. This Thursday will feature DJ KG, who will be spinning from 8 p.m. to midnight. Additionally, Thursdays are Burger Nights with $12 burgers and $3 domestic beers.
Naughtee Bingo will be hosted by Magnolia Applebottom at Diego’s Bar & Nightclub starting at 8:30 pm on Thursday.
Friday (5/22)
Get your Friday night started with a live piano show with Grant Uhle from 7-10 p.m. at The Pines.
Freddie’s Beach Bar, another LGBTQ-friendly bar in Rehoboth, will feature “Freddie’s Follie’s Drag Show” at 9 p.m. with DJ Nan keeping the party going at 11 p.m.
Aqua’s “Beats Party Night” with DJ Matt Bailer will also be going on from 9 p.m.-1 a.m.
Saturday (5/23)
The party is starting early at Diego’s on Saturday with a Splash Party hosted by Magnolia Applebottom at 5 p.m.
The Pines is also offering a live Piano show & sing-a-long with Etienne Pilon from 6-8 p.m. and DJ Fixed Rate spinning from 8-11 p.m.
DJ Chord will play from 9 p.m.-1 a.m. at Aqua on Saturday night.
Sunday (5/24)
On Sunday, Aqua is hosting an “Aquaman” swimsuit modeling contest at 3 p.m. with the “king” chosen by the crowd. The event is sponsored by JimmyTrendy and prizes include a JimmyTrendy swimsuit set and an Aqua Grill gift card. JimmyTrendy will also offer a pop-up shop to purchase swimwear.
DJ Biff will play beats at the “Aquaman” contest until 6 p.m. and DJ Malachi Gomez will spin from 9 p.m.-1 a.m.
Diego’s is putting on its weekly Party Pams T-Dance starring singer Pamala Stanley at 5 p.m. It’s Pamala’s 21st season in Rehoboth Beach and her show is a must-see event.
At Freddie’s Beach Bar, DJ Shady Lady will play from 5-6 p.m. with a Memorial Day Sunday Drag Show taking place from 9-11 p.m. and karaoke directly after.
Monday (5/25)
Come together on Memorial Day to remember and honor the fallen women service members, first responders, and canine war heroes with the Laying of the Wreath. This ceremony will take place at 8:45 a.m. at the Veterans Memorial at the end of Rehoboth Avenue at the Band Stand Area. This event is put together by the Gay Women of Rehoboth.
Sussex Pride invites you to a Memorial Day Cookout Honoring LGBTQ+ Veterans and Servicemembers from 11 a.m.-3 p.m. at Gordons Pond Pavilion in Cape Henlopen.
End your MDW with Monday night singing your heart out with late night karaoke at Freddie’s Beach Bar at 8 p.m. and Piano Pam at Diego’s at 5 p.m. with Pamala Stanley playing everything from Broadway hits to current dance music.
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