Local
D.C. marriage officiant, surrogacy bills advance
Controversial provision would allow couples to marry each other

D.C. Council Member Muriel Bowser (D-Ward 4) has expressed concern with a provision in the temporary officiant bill that would allow couples to act as their own officiant. (Washington Blade file photo by Michael Key)
LGBT activists watched with interest last week as the D.C. City Council took steps to advance one bill that would allow more people to perform marriage ceremonies and another that would repeal a little-known city law that prohibits surrogacy parenting.
On Tuesday, June 18, the Council’s Committee of the Whole, which includes all Council members, voted to schedule a first-reading vote on June 26 for the Marriage Officiant Amendment Act of 2013.
The bill, among other things, would authorize same-sex and opposite-sex couples applying for a marriage license to designate a friend, parent, sibling or any other adult as a one-time “temporary officiant” empowered to perform the marriage. The current law limits the selection of the person who can perform a marriage ceremony to licensed clergy members, judges and court employees designated as officiants.
Council member Tommy Wells (D-Ward 6) wrote the bill and co-introduced it with five colleagues, including gay Council members David Catania (I-At-Large) and Jim Graham (D-Ward 1).
In an unexpected development, Council member Muriel Bowser (D-Ward 4), who is a candidate for mayor, exercised her authority to take the bill off the Council’s consent calendar, which would have enabled the Council to approve the bill on June 26 by unanimous consent without a roll call vote.
Bowser expressed concern about a provision in the bill that would allow couples that obtain a marriage license to act as their own officiant and to perform the marriage ceremony themselves. Bowser’s action prompted Gay and Lesbian Activists Alliance President Rick Rosendall and National Capital Area ACLU Legal Director Arthur Spitzer to send email messages to each Council member expressing support for the “self-officiation” provision. The two urged the Council to retain the provision and to oppose a possible amendment introduced by Bowser to take the provision out of the bill.
Bowser told the Blade she supports the bill and expects to vote for it. But she said she took the bill off the consent agenda to enable her to ask some questions about the self-officiation provision.
“That one provision, as you know, was not in the introduced version of the bill,” she said. “And it is a departure from our witnessed and officiated ceremony for marriage in the District. And it’s a very new concept and I wanted to make sure it works…and that it gives due weight to entering into a marriage.”
Bowser said as of early this week she doesn’t plan to introduce an amendment on the Council floor to delete the provision. “Personally I favor that,” she said, referring to marriages performed by a third party officiant. “But I’m willing to listen to what people want.”
Council member Marion Barry (D-Ward 8), who supports the bill, has suggested adding members of the City Council to the list of people authorized to perform a marriage ceremony. Rosendall and Spitzer said they have no objections to Barry’s suggestion.
In a separate action, the Council’s Judiciary and Public Safety Committee held a public hearing on June 20 on a revised version of the Surrogacy Parenting Agreement Act of 2013, which was introduced earlier this year by Catania. All 12 of Catania’s fellow Council members signed on as co-sponsors of the original bill.
The measure, renamed the Collaborative Reproduction Act of 2013, would make it legal for same-sex or opposite-sex couples — or a single intended parent — to arrange for a woman to carry a fertilized egg to term on behalf of the couple or single person. The revised bill includes language that would make the intended couple or single person the legal parents of the child. Current D.C. law prohibits surrogacy arrangements.
The 15-page draft bill discussed at the hearing includes detailed legal provisions that would help potential surrogates and couples seeking a child work out a complex arrangement to compensate the surrogate for direct and indirect costs associated with a pregnancy and the delivery of a baby in a hospital.
Gay rights attorney Nancy Polikoff, an American University law professor, called on the committee to change the bill to include in all its provisions regulations for both a “gestational” and “traditional” surrogacy. Polikoff noted that the revised bill is mostly limited to addressing gestational surrogacy.
Gestational surrogacy allows the prospective parent or parents to provide a fertilized egg to be implanted in the surrogate. The process for doing this, Polikoff said, involves a medical procedure that could cost more than $100,000, making it difficult or impossible for many prospective parents to afford.
Traditional surrogacy involves the insemination of semen from one of the members of the couple or single person into the surrogate, in which case the surrogate becomes the biological mother of the child.
Polikoff said the draft bill would legalize traditional surrogacy but it lacks the detailed procedural language in the form of a regulation that it includes for gestational surrogacy, which she said is needed to help the “traditional” surrogate and prospective parents work out a legal agreement.
“With no such regulation in place, every time a gay male couple wants to conceive and raise a child, and that couple cannot afford gestational surrogacy, they are on their own, as is the woman who agrees to help them become parents,” Polikoff said in her testimony. “I don’t think the City Council should leave to their own devices that portion of this city’s population.”
Polikoff also called for a new provision in the bill to give a surrogate a short period of time after giving birth to back out of the deal and become the legal parent of and gain custody of the child.
Phillip L. Husband, general counsel for the D.C. Department of Health, who testified on behalf of the administration of Mayor Vincent Gray, said the administration supports the legislation but offered more than two-dozen suggested changes in the bill’s wording that he said would strengthen the measure and improve the city’s ability to implement it.
The Judiciary and Public Safety Committee must next draft a final version of the bill before the measure goes to the full Council for a vote.
Maryland
4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy
Substitute teacher Kimberly Polk challenged regulation in 2024
A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.
The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.
The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”
“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”
The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”
U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.
District of Columbia
Norton hailed as champion of LGBTQ rights
D.C. congressional delegate to retire after 36 years in U.S. House
LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year.
Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.
LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.
“During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.
“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”
Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity.
Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.
Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”
“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.
In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.
In 2015, Norton also played a lead role opposing attempts by GOP members of Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.
More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.
“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.
In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.
Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.
“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”
Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.
“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”
Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.
“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”
Lieutenant Gov. Ghazala Hashmi on Monday opened Equality Virginia’s annual Lobby Day in Richmond.
The Lobby Day was held at Virginia’s Capitol and was open to the public by RSVP. The annual event is one of the ways that Equality Virginia urges its supporters to get involved. It also offers informational sessions and calls to action through social media.
Hashmi, a former state senator, has been open about her support for the LGBTQ community and other marginalized groups. Her current advisor is Equality Virginia Executive Director Narissa Rahaman, and the group endorsed her for lieutenant governor.
Hashmi historically opposes anti-transgender legislation.
She opposed a 2022 bill that sought to take away opportunities from trans athletes.
One of the focuses of this year’s Lobby Day was protecting LGBTQ students. Another was protecting trans youth’s access to gender-affirming care.
Advocates spent their day in meetings and dialogues with state legislators and lawmakers about legislative priorities and concerns.
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