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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 Councilā€™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 ā€œtemporary officiantā€ 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 Councilā€™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. Bowserā€™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 ā€œself-officiationā€ 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.

ā€œThat one provision, as you know, was not in the introduced version of the bill,ā€ she said. ā€œAnd it is a departure from our witnessed and officiated ceremony for marriage in the District. And itā€™s a very new concept and I wanted to make sure it worksā€¦and that it gives due weight to entering into a marriage.ā€

Bowser said as of early this week she doesnā€™t plan to introduce an amendment on the Council floor to delete the provision. ā€œPersonally I favor that,ā€ she said, referring to marriages performed by a third party officiant. ā€œBut Iā€™m willing to listen to what people want.ā€

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 Barryā€™s suggestion.

In a separate action, the Councilā€™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 Cataniaā€™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 ā€” or a single intended parent ā€” 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 ā€œgestationalā€ and ā€œtraditionalā€ 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 ā€œtraditionalā€ surrogate and prospective parents work out a legal agreement.

ā€œWith 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,ā€ Polikoff said in her testimony. ā€œI donā€™t think the City Council should leave to their own devices that portion of this cityā€™s population.ā€

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 billā€™s wording that he said would strengthen the measure and improve the cityā€™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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Maryland

Montgomery County police chief discusses arrest of trans student charged with planned school shooting

County executive tells news conference studentā€™s trans identity is irrelevant to criminal charge

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(Photo by jiawangkun/Bigstock)

Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.

In charging documents and in a press released issued on April 18, Montgomery CountyĀ PoliceĀ identified the arrested student as ā€œAndrea Ye, of Rockville, whose preferred name is Alex Ye.ā€

One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Yeā€™s threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about asĀ aĀ character in a 129-page manifesto outlining plans for a schoolĀ shooting. Police have said Ye told them theĀ manifestoĀ was a fictional story he planned to publish. Ā 

At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a ā€œbiological female.ā€

County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to ā€œadmit that this individual was transgender.ā€

ā€œBecause itā€™s not a lead,ā€ Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is ā€œa white Christian male whoā€™s heterosexual.ā€ Elrich stated, ā€œNo, you donā€™t ā€“ You never publish somebodyā€™s sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. Itā€™s not a news story. It is not a crime to  be transgender.ā€

The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.

In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Yeā€™s manifestoĀ appearingĀ to make threats of a mass school shooting.

ā€œNow, this is a situation that highlights  the critical importance of vigilance and community involvement in preventing potential tragedies,ā€ Jones said. ā€œI commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation,  the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,ā€ he told the gathering.

ā€œThanks to their swift action and cooperation a potentially catastrophic event was prevented,ā€ Jones said.

Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing  mental health services.

ā€œBut this case is different,ā€ Jones said. ā€œThis case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspectā€™sĀ manifestoĀ to the authorities. This underscores the value of community engagement and the ā€˜see something say somethingā€™ approach,ā€ he said.

Jones mentioned at the press conference that Ye was  being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.

In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.

In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:

“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”

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Maryland

Rockville teen charged with plotting school shooting after FBI finds ā€˜manifestoā€™

Alex Ye charged with threats of mass violence

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Alex Ye (Photo courtesy of the Montgomery County Police Department)

BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.

Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.

The rest of this article can be found on the Baltimore Banner’s website.

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District of Columbia

New D.C. LGBTQ+ bar Crush set to open April 19

An ā€˜all-inclusive entertainment haven,ā€™ with dance floor, roof deck

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Crush (Washington Blade photo by Michael Key)

D.C.ā€™s newest LGBTQ+ bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the cityā€™s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends ā€œnostalgia with contemporary nightlifeā€ in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the cityā€™s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayorā€™s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayorā€™s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the barā€™s employees become settled into their newly opened operations.

ā€œStep into a venue where inclusivity isnā€™t just a promise but a vibrant reality,ā€ a statement posted on the Crush website says. ā€œImagine an all-inclusive entertainment haven where diversity isnā€™t just celebrated, itā€™s embraced as the very heartbeat of our venue,ā€ the statement says. ā€œWelcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.ā€

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

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