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D.C. marriage officiant, surrogacy bills advance

Controversial provision would allow couples to marry each other

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Muriel Bowser, Ward 4, Washington D.C., D.C. Council, gay news, Washington Blade
Muriel Bowser, Ward 4, Washington D.C., D.C. Council, gay news, Washington Blade

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.

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District of Columbia

GLAA releases ratings for 18 candidates running for D.C. mayor, Council, AG

Mayoral contender Janeese Lewis Geroge among those receiving highest score

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Janeese Lewis George received a +10 ranking from GLAA. (Washington Blade photo by Michael Key)

D.C. mayoral candidate Janeese Lewis George, a Democrat, is among just four candidates to receive the highest rating score of +10 from GLAA D.C. who are competing in the city’s June 16 primary election.  

GLAA, formally known as the Gay and Lesbian Activists Alliance of Washington, has rated candidates for public office in D.C. since the 1970s. It rated 18 of the 36 candidates on this year’s primary ballot for mayor, D.C. Council, and D.C. attorney general based on its policy of only rating candidates who return a GLAA questionnaire asking for their positions on a wide range of issues, most of which are not LGBTQ-specific.

Among the candidates who did not return the questionnaire and thus did not receive a rating, according to GLAA, was Democratic mayoral contender Kenyan McDuffie, who along with Lewis George, is considered by political observers to be one of the two leading mayoral candidates running in the Democratic primary.  

Lewis George and McDuffie, who each have long records of support for the LGBTQ community, are among a total of eight candidates running for mayor on the June 16 primary ballot: seven Democrats and one Statehood Green Party candidate. In addition to Lewis George, GLAA rated just two other mayoral candidates. Rini Sampath, a Democrat who self identifies as queer, received a +6.5 rating, and Ernest E. Johnson, also a Democrat, received a +4.5 rating

Under the GLAA rating system, candidate ratings range from a +10, the highest score, to a -10, the lowest possible score. In its ratings for the June 16 primary, the lowest score issued was +4.5. GLAA said in a statement that each of the 18 candidates it rated expressed strong support for LGBTQ-related issues in their questionnaire responses, indicating that the overall rating scores reflect the candidates’ positions on mostly non-LGBTQ-specific issues. 

The three other candidates who received a +10 GLAA rating are each running as Democrats for the Ward 1 D.C. Council seat. They include gay candidate Miguel Trindade Deramo; Aparna Raj, who identifies as bisexual; and LGBTQ ally Rashida Brown. The only other Ward 1 candidate rated by GLAA is LGBTQ ally Terry Lynch, who received a +5.5 rating.

Ward 5 D.C. Councilmember Zachary Parker, the Council’s only gay member who is facing two opponents in the Democratic primary, received a +7 GLAA rating. The two challengers did not return the questionnaire and were not rated.

“In seven out of 10 of our priorities, every candidate indicated agreement,” GLAA said in its statement to the Washington Blade in referring to the candidates it rated. “Total consensus on core issues signals that whomever is elected to Council and mayor, we should expect to hold our elected officials accountable to our goals of protecting home rule, resisting federal overreach, advancing transgender healthcare rights, and eliminating chronic homelessness in the District,” the statement says.

“While candidates agree on the basics, they distinguish themselves in the depth and creativity in their responses, and their record on the issues,” according to the statement, which adds that candidates’ full questionnaire responses and ratings can be accessed on the GLAA website, glaa.org.

Like past election years, GLAA does not rate candidates running for the D.C. Congressional Delegate seat or the so-called “shadow” U.S. House of Representatives and U.S. Senate seats.  

With the exception of one question asking about transgender rights, none of the other nine of the 10 questionnaire questions are LGBTQ-specific. But most of the questions mention that LGBTQ people are impacted by the issues being raised, such as affordable housing, federal government intrusion into D.C. home rule, and access to healthcare and public benefits for low-income residents.

One of the questions asks candidates if they support decriminalization of sex work in D.C. among consenting adults, which GLAA supports. Lewis George is among the candidates who said they do not support sex work decriminalization at this time. The other two mayoral candidates that GLAA rated, Sampath and Johnson, said they support sex work decriminalization.

In the race for D.C. attorney general, GLAA issued a rating for just one of the three candidates running: Republican challenger Manuel Rivera, who received a +4.5 rating. Incumbent Democrat Brian Schwalb and Democratic challenger J.P. Szymkowicz were not rated because they didn’t return the questionnaire.

D.C. Council Chair Phil Mendelson (D), who is running unopposed in the primary, received a +6.5 rating. Ward 6 Councilmember Charles Allen, who is facing three Democratic challengers in the primary and who is a longtime LGBTQ ally, received a +6.5 rating.

In the special election to fill the at-large D.C. Council seat vacated by the resignation of then-Independent Councilmember McDuffie to enable him to run for mayor as a Democrat, GLAA has rated two of the three Independent candidates competing for the seat. Elissa Silverman received a +5.75 rating, and Doni Crawford received a +5.6 rating.

Finally, in the At-Large D.C. Council race GLAA issued ratings for five of the 11 candidates running in the primary, each of whom are Democrats. Oye Owolewa received a +9; Lisa Raymond, +7.5; Dwight Davis, +6.5; Dyana N.M. Forester, +6; and Fred Hill, +6.6.

The full list of GLAA-rated candidates and their detailed questionnaire responses can be accessed at glaa.org.

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Rehoboth Beach

From the Capitol to the coast: Rep. Sarah McBride shares Rehoboth favorites

As summer kicks off, Congresswoman Sarah McBride shares her favorite Rehoboth spots.

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Rep. Sarah McBride (D-Del.) (Washington Blade photo by Michael Key)

Each year for the past 19 years, the Washington Blade has kicked off the summer season with a quintessential tradition — a party in Rehoboth Beach. The annual celebration is well known among Blade readers as the unofficial start of summer and beach season. (This year’s event is May 15, 5-7 p.m. at Diego’s featuring remarks from Ashley Biden.)

Two weeks ago, the Blade sat down with Sarah McBride (D-Del.), the first openly transgender person elected to Congress, to discuss her first year in office. While reflecting on key milestones and challenges ahead, she also shared some of her favorite Rehoboth spots and what the beach town means to her.

“I love Rehoboth,” the state’s sole House member told the Blade, beaming from her office in the Longworth House Office Building. “I love Baltimore Avenue, and love going to Aqua and the Pines.”

Both Aqua and the Pines have long served as staples of Rehoboth’s LGBTQ community. From the Saturday night lines stretching down the street off the main drag to the Sunday tea dances, the venues have helped cement Rehoboth as one of the top LGBTQ beach destinations in the United States dating back to at least the 1940s, when LGBTQ federal workers would escape the pressures — and often prying eyes — of Washington for a queer haven along the Delaware coast.

While attitudes and the community itself have evolved over the decades, Rehoboth today can still feel like an extension of D.C. — only with more Speedos and sandy flip-flops. Conversations that begin in Washington about politics and nightlife often continue beachside, shifting from “What’s Bunker’s theme tonight?” to “Who’s DJing at Aqua?”

When asked where she likes to dine in town, McBride highlighted one longtime favorite while also teasing a new addition she’s eager to try.

“Drift Seafood and Raw Bar is one of my favorite restaurants,” she said. “I actually ran into a Rehoboth restaurateur the other day while I was at Longwood Gardens for the tulips — which were beautiful. The restaurateur just opened a new restaurant on the south end of Baltimore Avenue that I’m excited to try. It sounds like an Indian fusion restaurant.”

When asked whether she frequents Poodle Beach — the longtime LGBTQ section of the shoreline — McBride shared that she prefers a quieter stretch of sand a bit farther north of Rehoboth’s gay beach scene.

“I usually go to Deauville, which is just north. It’s right there in between the boardwalk and Gordon’s Pond and North Shores.”

Regardless of where she chooses to unwind from the pressures of Washington and Dover, McBride was clear about how much both Rehoboth and Delaware mean to her.

“I love Rehoboth. I love the restaurants there. This is the professional privilege of my lifetime, getting to represent Delaware.”

“One of the things that I love is seeing how much goodness there is in this state,” she shared. “I represent more people in the House of Representatives than any other representative. Unlike most members who represent exclusively urban, suburban, or rural districts, I represent all three. Delaware demographically looks like America.”

She went on to say that representing a state whose demographics closely mirror the country as a whole gives her hope for the future — something that can at times feel elusive within the often-divisive halls of Congress.

“That means every day that I’m here, and every time Delawareans come to visit me, I get to see the full diversity of this country and this state on display. I get to see the goodness across that diversity, whether it’s diversity of identity or diversity of thought. It makes me even prouder to represent a state that time and time again judges candidates not based on their identities, but based on their ideals.”

She ended with a simple but hopeful message about her state and its people.

“Our politics are too often defined by hate. I’m glad Delaware and Delawareans are showing that a different kind of politics is possible.”

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District of Columbia

Anti-LGBTQ violence prevention efforts highlighted at D.C. community fair

Mayor’s Office of LGBTQ Affairs organized May 8 event

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(Washington Blade photo by Ernesto Valle)

Detailed advice on how LGBTQ people can avoid, defend themselves against, and prevent themselves and loved ones from becoming victims of violence, with a focus on domestic and intimate partner violence, was presented at a May 8 LGBTQIA+ Safety in Numbers Community Fair.

The event, organized by the D.C. Mayor’s Office of LGBTQ Affairs, included five workshop sessions and information tables set up by 14 LGBTQ-supportive organizations and D.C. government agencies or agency divisions, including the D.C. Metropolitan Police Department’s LGBT Liaison Unit and the D.C. LGBTQ+ Community Center.

Also playing a lead role in organizing the event was the D.C. LGBTQIA+ Violence Prevention and Response Team, or VPART, a coalition of D.C. officials and leaders of community-based organizations that work with the Office of LGBTQ Affairs.

The event was held in meeting space in the building where the Office of LGBTQ Affairs is located at 899 N. Capitol St., N.E.

The workshop topics included de-escalation training on healthy relationships, bystander intervention, self-defense training, violence prevention grants, and suicide prevention.

“This will be a public safety and violence prevention event where community partners will educate attendees on various methods of violence intervention and trauma-informed practices,” according to a statement released by the Mayor’s Office of LGBTQ Affairs prior to the start of the event.

The statement adds, “We will have live demos, interactive games, and workshops focused on strategies for self-defense, protecting vulnerable communities, increasing access to mental health resources, providing tools for recognizing domestic violence/intimate partner violence signs in intimate relationships, and assistance for substance abuse.”

Sonya Joseph, associate director of engagement for the Office of LGBTQ Affairs, told the Washington Blade that studies have shown rates of domestic or intimate partner violence are higher in the LGBTQ community than in the community at large.

“Domestic violence and intimate partner violence are two very big prevalent issues in the LGBTQ community,” she said, adding that some of the workshops at the event would be providing “training on healthy relationships and how to recognize and prevent intimate partner violence and the signs of it.”

About 35 to 40 people attended the workshop sessions.

Experts specializing in violence impacting the LGBTQ community have said domestic violence refers to violence among people in domestic relationships that can include spouses but also siblings, parents, cousins, and other relatives. Intimate partner violence, according to the experts, refers to violence perpetuated by a partner in a romantic or dating relationship.

These D.C. based organizations or agencies that participated in the LGBTQIA+ Safety in Numbers event, and which can be contacted for assistance, include:

• Defend Yourself

• DC LGBTQ+ Community Center

• American Foundation for Suicide Prevention

• Joseph’s House

• Us Helping Us, People into Living, Inc.

• MCSR (formerly known as Men Can Stop Rape)

• MPD LGBT Liaison Unit

• Volunteer Legal Advocates

• DC SAFE

• Destination Tomorrow

• D.C. Office of Victims Services and Justice Grants

• Life Enhancement Services

• ONYX Therapy Group

• U.S. Attorney’s Office for D.C.

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