National
Lawmakers cautious about repealing Md. sodomy law
Similar statutes remain on the books in 17 states


Del. Mary Washington said she would be willing to introduce a bill to repeal Maryland’s sodomy law. (Washington Blade photo by Michael Key)
Gay and lesbian residents of Maryland may be surprised to learn that while their state approved a law last year that allows them to marry, it has yet to repeal an antiquated law that classifies their intimate sexual relations as a crime punishable by up to 10 years in prison.
LGBT activists may also be surprised that only one of the eight openly gay members of the Maryland General Assembly confirmed to the Washington Blade that she would introduce legislation to repeal the state’s sodomy law.
“I definitely would introduce it,” said Del. Mary Washington (D-Baltimore City), who is one of five out lesbians serving in the Maryland House of Delegates.
“Now that we have marriage equality, it’s time to go back to old-school anti-discrimination and make sure we are protected at work to the fullest extent and that there aren’t any laws on the books that can be used against us,” Washington said.
The other four lesbian members of the House of Delegates, their two gay male colleagues, and the out gay member of the Maryland Senate, Richard Madaleno (D-Montgomery County) didn’t respond to written questions from the Blade asking whether they would introduce or vote for a sodomy law repeal bill.
Among those who didn’t respond are Del. Heather Mizeur (D-Montgomery County), who is considering running for governor, and Del. Maggie McIntosh (D-Baltimore City), who is considered a potential future candidate for the post of Speaker of the House.
Alan Brody, a spokesperson for Maryland Attorney General Douglas Gansler, said Gansler’s office isn’t aware of the state’s sodomy law being enforced since the 2003 Supreme Court ruling in Lawrence v. Texas, which struck down state sodomy laws.
Others familiar with Maryland’s law enforcement agencies say they aren’t aware of the sodomy statute being enforced since at least 1998, when a court ruled that the statute could no longer be enforced against consenting adults, gays or straights, for private, noncommercial sex.
But Carlos Maza, the author of a 2011 report released by the LGBT advocacy organization Equality Matters, told the Blade police and prosecutors in several states have continued to enforce their sodomy laws under various circumstances, apparently ignoring or blatantly disregarding the Supreme Court or state court rulings.
In his report, “State Sodomy Laws Continue to Target LGBT Americans,” Maza says many cases involving the arrest of an adult charged with consensual sex with another adult are eventually dismissed by courts citing the Supreme Court’s Lawrence decision. But the emotional stress of contending with an arrest and the expense of hiring a lawyer amounts to a penalty against LGBT people ensnared under sodomy laws even if the cases are dismissed, Maza says.
Gansler, who has a strong record of support for LGBT rights, and Maryland Gov. Martin O’Malley (D), who was an outspoken supporter of the marriage equality law, are not expected to seek to enforce the sodomy laws, most LGBT activists agree.
Gansler spokesperson Brody acknowledged, however, that a future attorney general and prosecutors in counties throughout the state could seek to enforce the sodomy statute just as prosecutors have in other states.
Article 3-321 of the Maryland criminal code states, “A person who is convicted of sodomy [anal sex] is guilty of a felony and is subject to imprisonment not exceeding 10 years.”
Article 3-322 of the code states, “A person may not: take the sexual organ of another or of an animal in the person’s mouth; place the person’s sexual organ in the mouth of another or of an animal; or commit another unnatural or perverted sexual practice with another or with an animal.”
The article adds, “A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.”
Carrie Evans, executive director of the statewide LGBT rights group Equality Maryland, expressed caution that problems could surface if the sodomy law is repealed without making changes in other sections of the state criminal code.
In Virginia, the director of that state’s ACLU chapter, attorney Claire Gastanaga, said Virginia’s sodomy law is sometimes used to prosecute sexual assault cases and cases involving an adult sexually abusing a minor. Gastanaga noted that under Virginia’s criminal code, a sexual assault involving oral or anal sex isn’t always covered under the state’s rape law.
She said the repeal of Virginia’s sodomy or crime against nature law would have to be accompanied by a major overhaul of the criminal code pertaining to sexual assault, something she said lawmakers have been reluctant to do.
Evans said a similar situation may exist in Maryland.
“It’s not as easy as you would think to repeal old laws,” she said. “I would support a review of the code to see what should be repealed,” Evans said, when asked if Equality Maryland would call on the state’s lawmakers to repeal the sodomy law.
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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