Local
DOMA ruling to have ‘huge’ impact on D.C. region
Attorneys tell same-sex couples: Talk to your employer about benefits
‘The state’s hands are tied until we change the constitution,’ said Virginia Sen. Adam Ebbin (D-Alexandria) of efforts to extend marriage rights to couples in the commonwealth, following a momentous ruling by the U.S. Supreme Court striking down DOMA. (Washington Blade file photo by Michael K. Lavers)
The large number of federal government employees in the D.C. metropolitan area will ensure that many same-sex married couples living in the region, including those living in Virginia, will soon receive full federal benefits and rights that come with marriage in the wake of the Supreme Court’s decision last week to overturn the Defense of Marriage Act.
According to local attorneys familiar with family law, the Obama administration has taken immediate steps to direct the U.S. Office of Personnel Management to provide all federal marriage benefits to government workers and their same-sex spouses.
“Certainly for federal civil servants there will be a clear effort from the administration to allow people who marry anywhere to take advantage of their federal civil service benefits regardless of where they currently live,” said Takoma Park, Md., attorney Susan Silber, whose law firm has represented lesbian and gay couples on matters pertaining to family law.
“So that’s huge for our metropolitan area,” she said. “And it will be huge for people who live in places like Virginia and West Virginia and Pennsylvania” where many federal workers live.
Silber and local attorney Michelle Zavos, who, like Silber, represents LGBT clients in the D.C. metro area, said following the DOMA decision, same-sex couples can expect support in their quest to obtain both state and federal marriage benefits from state officials in D.C., Maryland and Delaware, where same-sex marriage is legal.
But the two attorneys said most of those benefits won’t come automatically and same-sex married couples in the three jurisdictions must come forward to apply for the benefits.
“This is something they have to do proactively,” Zavos told the Blade. “And what I would say is federal workers, especially, need to contact their Human Resources Department immediately to find out what they need to do. They cannot sit on this.”
Zavos noted that similar to any married employee, both federal and private sector employees need to inform their employer through the personnel or human resources department that they are married and will qualify for benefits such as health insurance for their spouse.
In the case of the federal government, enrollment in such benefits often becomes available only during an “open enrollment” period once a year. However, OPM officials have said the federal personnel agency was expected to schedule another open enrollment period in the coming weeks in light of the Supreme Court’s decision overturning DOMA.
Silber, Zavos and other attorneys familiar with Virginia said they were watching closely as Obama administration officials assess ways to extend federal marriage benefits to same-sex couples who legally marry in a state that recognizes same-sex marriage but live in states that do not recognize such marriages.
In the week since the Supreme Court ruling on DOMA, legal experts have said some federal benefits linked to marriage, such as Social Security survivor benefits, are tied to the state where a couple lives rather than the state where the couple married.
Claire Gastanaga, an attorney who serves as general legislative counsel for the statewide LGBT group Equality Virginia, said the question of whether a federal marriage benefit is available to same-sex married couples living in Virginia must be decided by the federal government, not by Virginia state officials.
“It’s really a question of how they choose to interpret the federal law,” Gastanaga said. “There are a thousand different federal laws. Some of them refer to the place of celebration [of the marriage] and some refer to the domicile of the couple,” she said.
“Some of those requirements are statutory, some are regulatory and some are policy,” she added. “So there’s lots to be ironed out at the federal level before we know the answer to that question.”
Adam Ebbin, the gay Virginia state senator representing a district in the Alexandria area, said that while Virginia’s current governor and attorney general are unsympathetic to LGBT issues and oppose marriage equality, any state elected official would be restricted in taking steps to extend benefits to married same-sex couples under an anti-gay marriage amendment passed by voters in 2006, despite the DOMA decision.
“The Virginia marriage amendment, which is part of our state constitution, says the state can’t recognize or grant benefits of marriage for same-sex couples,” Ebbin said. “So the state’s hands are tied until we change the constitution.”
Ebbin said the momentum in support of marriage equality generated by the Supreme Court decision overturning DOMA would have a “major” impact on efforts in Virginia to repeal the same-sex marriage ban.
District of Columbia
Eleanor Holmes Norton ends 2026 reelection campaign
Longtime LGBTQ rights supporter introduced, backed LGBTQ-supportive legislation
The reelection campaign for D.C. Congressional Delegate Eleanor Holmes Norton, who has been an outspoken supporter of LGBTQ rights since first taking office in 1991, filed a termination report on Jan. 25 with the Federal Elections Commission, indicating she will not run for a 19th term in the U.S. House of Representatives.
Norton’s decision not to run again, which was first reported by the online news publication NOTUS, comes at a time when many of her longtime supporters questioned her ability to continue in office at the age of 88.
NOTUS cited local political observers who pointed out that Norton has in the past year or two curtailed public appearances and, according to critics, has not taken sufficient action to oppose efforts by the Trump-Vance administration and Republican members of Congress to curtail D.C.’s limited home rule government.
Those same critics, however, have praised Norton for her 35-year tenure as the city’s non-voting delegate in the House and as a champion for a wide range of issues of interest to D.C. LGBTQ rights advocates have also praised her longstanding support for LGBTQ rights issues both locally and nationally.
D.C. gay Democratic Party activist Cartwright Moore, who has worked on Norton’s congressional staff from the time she first took office in 1991 until his retirement in 2021, points out that Norton’s role as a staunch LGBTQ ally dates back to the 1970s when she served as head of the New York City Commission on Human Rights.
“The congresswoman is a great person,” Moore told the Washington Blade in recounting his 30 years working on her staff, most recently as senior case worker dealing with local constituent issues.
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.
She has introduced multiple LGBTQ supportive bills, including her most recent bill introduced in June 2025, the District of Columbia Local Juror Non-Discrimination Act, which would ban D.C. residents from being disqualified from jury service in D.C. Superior Court based on their sexual orientation or gender identity.
For many years, Norton has marched in the city’s annual Pride parade.
Her decision not to run for another term in office also comes at a time when, for the first time in many years, several prominent candidates emerged to run against her in the June 2026 D.C. Democratic primary. Among them are D.C. Council members Robert White (D-At-Large) and Brooke Pinto (D-Ward 2).
Others who have announced their candidacy for Norton’s seat include Jacque Patterson, president of the D.C. State Board of Education; Kinney Zalesne, a local Democratic party activist; and Trent Holbrook, who until recently served as Norton’s senior legislative counsel.
“For more than three decades, Congresswoman Norton has been Washington, D.C.’s steadfast warrior on Capitol Hill, a relentless advocate for our city’s right to self-determination, full democracy, and statehood,” said Oye Owolewa, the city’s elected U.S. shadow representative in a statement. “At every pivotal moment, she has stood firm on behalf of D.C. residents, never wavering in her pursuit of justice, equity, and meaningful representation for a city too often denied its rightful voice,” he said.
Sharon Nichols, who serves as press spokesperson for Norton’s congressional office, couldn’t immediately be reached for a comment by Norton on her decision not to seek another term in office.
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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.
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
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 inflict 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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