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BREAKING: Del. same-sex marriage bill advances

House Administration Committee approved measure by 4-1 vote margin

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Melanie George Smith, Equality Delaware, Delaware, gay news, Washington Blade, gay marriage, same sex marriage, marriage equality, HB 75, marriage equality

Melanie George Smith, Equality Delaware, Delaware, gay news, Washington Blade, gay marriage, same sex marriage, marriage equality, HB 75, marriage equality

Delaware state Rep. Melanie George Smith (D-Bear) (Washington Blade photo by Michael Key)

DOVER, Del.—A Delaware House committee on Wednesday voted 4-1 to advance a bill that would extend marriage rights to same-sex couples.

The House Administration Committee approved House Bill 75 after 38 people testified for and against the proposal during a hearing that lasted more than 90 minutes.

House Majority Leader Valerie Longhurst (D-Bear) voted to allow HB 75 out of committee along with state Reps. Pete Schwartzkopf (D-Rehoboth Beach) and Deborah Hudson (R-Faircloth.) Seaford Republican Dan Short voted against it.

“House Bill 75 extends the freedom to marry to all Delawareans who are in a loving, committed relationship,” state Rep. Melanie George Smith (D-Bear,) who introduced HB 75 last Thursday, said at the beginning of the hearing. “This legislation will respect and recognize with equal dignity all couples who are in a loving, committed relationship.”

She, along with Equality Delaware President Lisa Goodman and Equality Delaware Foundation President Mark Purpura stressed the measure will also protect religious freedom.

“This bill makes it explicitly clear no minister will ever be required to marry a same-sex couple,” Goodman said.

Rehoboth Beach resident Fay Jacobs, who has been with her partner for 35 years, urged the committee to “end our long run as second class citizens.” Richard Smith, president of the Delaware State Conference of the National Association for the Advancement of Colored People (NAACP,) described nuptials for gays and lesbians as a “civil right.”

“It’s an affirmative right for people to be together,” he said.

The committee’s vote took place nearly two years after Gov. Jack Markell signed a bill that would allow gays and lesbians to enter into civil unions.

The law took effect in Jan. 2012, but same-sex marriage opponents have repeatedly accused Equality Delaware and other groups that support HB 75 of lying about their intentions to seek nuptials for gays and lesbians in the state once they were able to enter into civil unions.

“We sat in this chamber just less than two years ago debating the civil unions issue,” Nicole Thise of the Delaware Family Policy Council said during her testimony. “The civil unions legislation is the most comprehensive legislation in the country. It literally mirrors the marriage law of Delaware, extending all state benefits to couples of the same-sex.”

Rick Hensley, a pastor at Grace and Truth Community Church in Felton, testified against the civil unions bill in 2011. He reiterated his opposition to extending marriage to gays and lesbian couples as he spoke against HB 75.

“The bill at hand is another example of the assault on the foundation of our society, which is the family,” Hensley said.

Rev. Jeffrey Ross of St. Peter’s Episcopal Church in Lewes noted his congregation began blessing same-sex unions before the state’s civil unions law took effect. He told committee members that we “cannot allow prejudice to prosper in our First State.”

“As a priest in the Christian church I need to support members who want to live faithfully within the covenant of marriage, even if they happen to be gay or lesbian,” Ross said. “I need you to give them that legal standing.”

Neighboring Maryland is among the nine states and D.C. in which same-sex couples can legally marry.

A Global Strategy Group poll that Equality Delaware commissioned in February shows 54 percent of Delawareans back nuptials for gays and lesbians. A survey that ABC News and the Washington Post released last month indicates 58 percent of Americans now support same-sex marriage.

Smith welcomed the committee’s vote during a brief interview with the Blade inside the House chamber.

“We’re very excited that the bill was voted out of committee,” she said. “We look forward to in the very near future having an opportunity to have a full debate on this on the House floor and passing it out of the House of Representatives.”

The full House could potentially vote on HB 75 as early as Tuesday.

Smith said she remains confident the measure will have enough votes to pass in the chamber.

“I’m confident that we have a majority of Delaware representatives — so over 21 of the 41 — [who] will do the right thing and vote to support equality in Delaware,” she said.

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Comings & Goings

Gill named development manager at HIPS

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Warren Gill

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”

Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.  

Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.

Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.  

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District of Columbia

Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit

MPD accused of illegally demoting officer for taking family leave to care for newborn child

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D.C. Police Captain Paul Hrebenak (right) embraces his husband, James Frasere, and the couple's son. (Photo courtesy of Hrebenak)

A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.

The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.  

It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.

In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.

Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.

“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”  

Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.

In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.

Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.

In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.

“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.

“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”

Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.

Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.

“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.

 In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”

One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.

Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.

“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something  in which leadership disapproved,” Lempert says in his court filing submitting the two reports.

“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.  

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Virginia

LGBTQ rights at forefront of 2026 legislative session in Va.

Repeal of state’s marriage amendment a top priority

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Virginia Capitol (Washington Blade photo by Michael Key)

With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics. 

The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.

The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.

Two successive legislatures must approve the resolution before it can go to the ballot.

The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.

The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.

In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care. 

Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”

Along with ensuring school training, the organization wants funding in hopes of “​​establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.

On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.

Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.

Equality Virginia is tracking bills on its website.

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