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.
Maryland
Parents sue Anne Arundel schools, allege officials hid child’s gender transition
America First legal Foundation filed lawsuit on July 8
By CODY BOTELER | Two parents, backed by a conservative nonprofit group, are suing Anne Arundel County Public Schools over the school system’s policies related to transgender children.
The suit, filed Wednesday in Maryland’s U.S. District Court, accuses staff at an unidentified county high school of lying to the parents, identified as John Doe and Jane Doe, about their child, identified as Mary Doe.
The Does allege the school “socially transitioned” their child without notice or their consent by using a masculine name and masculine pronouns for Mary Doe.
The rest of this article can be found on the Baltimore Banner’s website.
District of Columbia
Campaign launched to elect more LGBTQ candidates to ANC seats
Capital Stonewall Democrats behind Queering ANCs effort
The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political group, announced on July 7 it has launched a campaign to help elect large numbers of LGBTQ candidates to the city’s Advisory Neighborhood Commissions.
The D.C. local government is believed to be unique among U.S. cities in currently having 46 Advisory Neighborhood Commissions consisting of 345 single-member districts in neighborhoods throughout the city in which unpaid Advisory Neighborhood Commissioners are elected for two-year terms.
The commissions are charged with considering a wide range of policies and programs impacting their neighborhoods, including traffic, parking, recreation, street improvements, liquor licenses, zoning, economic development, police protection, sanitation and trash collection, and D.C.’s annual budget, according to the ANC website.
Although the ANCs do not have authority to set or reject policies or proposals, such as applications for liquor licenses, city agencies are required to give “great weight” to ANC recommendations, according to the law creating the ANCs.
Kent Boese, a gay former ANC commissioner, currently serves as executive director of the D.C. Office of ANCs.
“We are launching the most ambitious hyperlocal LGBTQ+ candidate pipeline initiative in the country,” said Stevie McCarty, the Capital Stonewall Democrats president, in a July 7 statement that announced the Queering ANCs campaign.
“As an ANC member, I know firsthand how these seats shape our neighborhoods, from housing and public safety to sanitation,” McCarty says in the statement. “I’m proud to lead this effort to ensure more LGBTQ+ Washingtonians see themselves as leaders in their communities,” he said.
The ANC Rainbow Caucus, which was created by LGBTQ ANC members, shows on its website that there are currently 38 caucus members consisting of elected LGBTQ ANC commissioners serving in the current 2025-2026 two-year term.
The website shows there are LGBTQ commissioners who are caucus members in each of the city’s eight wards, with six in Ward 1, eight in Ward 2, one in Ward 3, six in Ward 4, five in Ward 5, three in Ward 6, eight in Ward 7, and one in Ward 8.
The Washington Blade couldn’t immediately determine how many of them will be running for re-election in D.C.’s general election in November. But McCarty said Capital Stonewall Democrats hopes to recruit many more LGBTQ candidates to run for ANC seats.
The D.C. Board of Elections website shows the deadline for filing 25 required petition signatures to be placed on the ballot is Aug. 5.
A Queering ANCs website launched this week by Capital Stonewall Democrats provides details on how to run for an ANC seat and offers help for those interested in running.
“Think of someone in your building, neighborhood, friend group, community organization, or professional network who cares deeply about D.C. and would make a strong leader,” McCarty says in his statement. “Send them QueeringANCs.org and personally ask them to consider running,” he said.
The website can be accessed at QueeringANCs.org.
Baltimore
Ron Singer, owner of popular Mount Vernon gay bar Leon’s, dies
66-year-old’s funeral to take place Friday
By CAYLA HARRIS | Ron Singer, the owner of Baltimore’s popular gay bar Leon’s Backroom, died Tuesday, the venue announced in a social media post. He was 66.
“For more than 20 years, Ron made Leon’s a place so many people were proud to call home,” the post reads. “He will be deeply missed.”
The Mount Vernon bar, typically open from 4 p.m. to 2 a.m. daily, is still open Thursday, but doors will close at midnight so staff can attend his funeral Friday morning. Services are scheduled to begin at 9:30 a.m. at Sol Levinson’s Chapel.
The rest of this article can be read on the Baltimore Banner’s website.
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