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Cuccinelli denied sodomy ruling rehearing

Will Virginia Attorney General take case to Supreme Court?

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Ken Cuccinelli, Virginia, gay news, Washington Blade
Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

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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Virginia

Hashmi to face Reid in Va. LG race

State senator won Democratic primary on Tuesday

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Ghazala Hashmi (Screen capture via One Vote At A Time/YouTube)

State Sen. Ghazala Hashmi (D-Chesterfield) will face John Reid in the race to become Virginia’s next lieutenant governor. 

Hashmi won the Democratic primary with 27.49 percent of the vote. She defeated former Richmond Mayor Levar Stoney, state Sen. Aaron Rouse (D-Virginia Beach), Babur Lateef, Victor Salgado and Alexander Bastani.

“Tonight, Virginians made history,” said Hashmi in a statement. “We didn’t just win a primary, we sent a clear message that we won’t be bullied, broken, or dragged backward by the chaos in Washington.”

Reid, a gay conservative talk show host, in April won the Republican nomination to succeed Lt. Gov. Winsome Earle-Sears, who is running to succeed Gov. Glenn Youngkin. 

The incumbent governor days after Reid secured the nomination called for him to withdraw his candidacy amid reports that a social media account with his username included “pornographic content.” Reid, who would become the first openly gay person elected to statewide office in Virginia if he wins in November, has strongly denied the reports.

Former state Del. Jay Jones defeated Henrico County Commonwealth’s Attorney Shannon Taylor in Democratic attorney general primary. Jones will face Republican Attorney General Jason Miyares in November.

Youngkin cannot run for a second, consecutive term.

Former Congresswoman Abigail Spanberger will face off against Earle-Sears in November. The winner will make history as the first woman elected governor in the state’s history.

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Baltimore

More than 15K people attend Baltimore Trans Pride

Baltimore Safe Haven organized annual event

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(Bigstock photo)

More than 15,000 people attended Baltimore Safe Haven’s annual Trans Pride on Saturday.

“Last year we had maybe 2,500, and the year before that, we had 5,000,” Renee Lau, administrative assistant for special projects coordinator for Baltimore Safe Haven, said. “In today’s political climate, it’s absolutely amazing.”

Lau said allies and other groups “went into hiding” for about a month or two after President Donald Trump’s inauguration, but then all at once, different organizations started to reach out. 

“The community has really come together to support us,” Lau said. “It was a fun, exciting day.” 

Baltimore Safe Haven Executive Director Iya Dammons in a press release said the “historic turnout” showed the transgender community’s strength, as well as their unity to fight for justice and equality for all LGBTQ people.

At the event, attendees were seen waving flags and shouting “Trans Lives Matter,” showing their support for the community. 

On Friday, before Trans Pride, Baltimore Safe Haven opened their new building to the public, gathering notable attendees like the Baltimore City Council President Zeke Cohan, Council Member Antonio Glover, and representatives from the Harry and Jeanette Weinberg Foundation.

“(It) was historic in itself because … we’re the only direct service providers for people in the LGBT community,” Lau said.

Providing housing for 18- to 24-year-olds, Lau said the new building also serves as a community hub and has office spaces for workers. 

With only a few hiccups of arguments between attendees and fixing street blockades during Trans Pride, Lau said the event showed what the community can do. 

“It was amazing that so many people came out and had that much fun. We were all giddy by Sunday morning,” Lau said. “(It gave) Safe Haven exposure and continuity. We are not just an LGBT organization, we are an organization that supports the entire community.”

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District of Columbia

Juvenile arrested for anti-gay assault in D.C.

Police say suspect targeted victim in house with Pride flags

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The gay man who was hit in the face by a rock thrown through the front window of his house, shown here, by the juvenile who was arrested told the Blade he and his husband covered the now boarded up window with a large Pride flag. (Washington Blade photo by Lou Chibbaro, Jr.)

D.C. police announced on June 16 that they have arrested a 13-year-old juvenile male on a charge of Assault With Significant Bodily Injury for allegedly throwing a rock through the window of a house in Northeast D.C. and “striking the victim in the face.”

In a statement announcing the arrest, police said the incident took place on Friday, June 6, and  “LGBTQ+ flags were displayed at the front of the home.”

A separate D.C. police incident report obtained by the Washington Blade states, “Victim 1 reports he was sitting in his living room at the listed location watching television when a rock came through the front window and struck him about his left eye. Victim 1 suffered a laceration under his left eye.”

The report adds, “Victim 1 states he observed Suspect 1 running away.”

According to the June 16 statement issued by police, “On Sunday, June 15, 2025, officers located the suspect and placed him under arrest. [A] 13-year-old juvenile male of Northeast D.C., was charged with Assault With Significant Bodily Injury (Hate/Bias).”

The statement says the house where the incident occurred is located on the 400 block of 20th Street, N.E.

Similar to statements D.C. police have issued regarding LGBTQ bias-related cases in the past, the statement announcing this case says that while the case is being investigated as being potentially motivated by hate or bias, that designation could be changed at any time during the investigation.

It adds that a hate crime designation by D.C. police may not be prosecuted as a hate crime by prosecutors. Under D.C. law, juvenile cases are prosecuted by the Office of the D.C. Attorney General. 

Since court records for cases involving juveniles are sealed from public access, the Blade could not immediately determine whether prosecutors designated the case as a hate crime.

It also could not immediately be determined if the juvenile charged in the case was being held in detention while awaiting trial at juvenile court or whether he was released to a parent or guardian and whether a judge set any conditions for release.

The police statement concludes by saying that the department’s Special Liaison Branch, which includes the LGBT Liaison Unit, is assisting with the investigation. 

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