Local
An end to Kameny burial stalemate?
‘Tentative agreement’ could clear way for interment of activist’s ashes

Frank Kameny died in October 2011 but his ashes remain in limbo due to a dispute between his estate and a local non-profit. (Washington Blade photo by Michael Key)
An attorney representing the estate of nationally acclaimed gay rights pioneer Frank Kameny said on Wednesday that a “tentative agreement” has been reached to end a dispute that has prevented Kameny’s ashes from being interred at D.C.’s Congressional Cemetery nearly two years after his death.
Christopher Brown, an attorney with the gay-owned law firm Ackerman Brown, said the tentative agreement was reached on July 9 with Helping Our Brothers and Sisters (HOBS), a local LGBT charitable group that bought a plot for the burial of Kameny’s ashes at Congressional Cemetery after soliciting donations from the community to pay for it following Kameny’s death on Oct. 11, 2011.
Brown’s comment came one day after Ackerman Brown’s client, Timothy Clark, Kameny’s longtime friend and heir to his estate, told the Blade that he understood that an agreement between the two parties over the cemetery plot had been reached.
“We reached an agreement on that so I’m going to keep the burial plot,” Clark said in a telephone interview.
“I just have to decide on when I want to have something,” he said in referring to a burial ceremony at the cemetery. “I just don’t know. But I’m open to any suggestions that anybody wants to have because that was Frank’s life. The gay community was Frank’s life. That’s what he fought for.”
HOBS and a group of Kameny’s friends and colleagues in the LGBT rights movement initially scheduled an interment ceremony for Kameny at the cemetery for March 3, 2012. But they abruptly cancelled it after the estate reportedly told the cemetery it would not release Kameny’s ashes until it obtained legal ownership of the burial plot from HOBS.
For more than a year, HOBS and Ackerman Brown have declined to publicly disclose specific details of the nature of the dispute between the two parties over the burial plot other than to say they were negotiating an agreement to enable HOBS to transfer ownership of the plot to the estate.
“[W]e would point out that HOBS has never stood in the way of or delayed the burial of Dr. Kameny’s ashes,” said HOBS President Marvin Carter in an email to the Blade earlier this month. “HOBS has made numerous proposals and overtures to the Kameny estate to have Dr. Kameny’s remains buried at Congressional Cemetery.”
Brown told the Blade in an email on Wednesday that the estate, which is in possession of Kameny’s ashes, also is interested in moving ahead with the burial.
“The estate has always been, and remains willing to work with gay community representatives who knew Frank Kameny in organizing a burial service and appropriate gravesite at which members of the community could pay tribute to Kameny,” Brown said in his email.
In response to a request from the Blade last month, HOBS on Wednesday released information about the money it raised and spent both for Kameny’s personal needs in the last years of his life and for expenses related to Kameny’s funeral and planned burial.
HOBS’s IRS 990 finance reports filed with the IRS for 2010 and 2011 – the most recent such reports publicly available for HOBS – don’t include specific information about money raised for Kameny-related projects.
But the reports show that HOBS’s income increased dramatically in 2010 and 2011 during a period when the non-profit, tax-exempt group and its supporters appealed to the LGBT community for Kameny-related donations — initially to help Kameny pay household expenses and property taxes and later for Kameny’s funeral and burial.
The 990 reports, which all tax-exempt organizations are required to file, show that HOBS’s income was $2,125 in 2008, the first year for which such figures are reported, and $6,544 in 2009. The reports show that in 2010, HOBS’s income rose to $61,480 and in 2011 its income increased to $115,440.
In an op-ed column published in the Blade just before the Thanksgiving holiday in November 2011, Carter discussed efforts by HOBS and other groups and individuals to arrange two separate memorial services for Kameny, one of which was held at the Carnegie Library building in downtown D.C.
“Thus far, with the generosity of many friends, we have covered expenses for Kameny’s viewing at Carnegie Library and his essential funeral costs, too,” which Carter later explained involved paying for Kameny’s cremation and the rental of a casket and the service of a funeral hearse for the viewing ceremony.
“In addition, we have now paid the deposit on a fitting, public gravesite for Kameny at the historic Congressional Cemetery,” he said in the op-ed. “For all who wish to help raise the remaining $4,000 anticipated; you may make your tax-deductible contribution online…or simply mail a check to HOBS…”
The Blade and other local publications also published stories on HOBS’s Kameny-related fundraising activities for the funeral and burial and efforts by HOBS to help Kameny prior to his death.
One effort organized by local gay activist Ben Carver in 2010 was billed as the “Buy Frank a Drink” campaign, which Carver promoted on a Facebook page.
HOBS’s 990 report for 2012, which would include that year’s income, has yet to be released by the charitable watchdog group Guidestar.com, which obtains 990 reports for nearly all U.S. non-profit groups each year from the IRS. HOBS’s 990 report for 2010 was filed in November 2011, and its 2011 report was filed in November 2012. This suggests that its 2012 990 report will likely be filed in November of this year.
The 2011 report shows that HOBS during that year spent $66,413 on “direct support to qualified individuals,” $20,222 on “mentoring programs,” and $11,605 on “educational programs.”
Those three programs, which came to a total of $98,240, accounted for the bulk of HOBS’s expenditures for that year. The 2011 report shows that all other expenses were under $4,000 and were for administrative and overhead expenses such as supplies ($3,727), board meetings ($1,007), Internet ($1,555), meals and entertainment ($505), and telephone ($1,494). More detail on those reported expenses wasn’t available.
Carter discussed HOBS’s mission in an email he sent the Blade on July 24, which also provided information about money HOBS raised and spent on Kameny-related projects.

The late Frank Kameny (left) standing next to Marvin Carter at a HOBS benefit dinner in 2010. (Washington Blade file photo by Michael Key)
HOBS “is an all-volunteer micro-charity that helps marginalized LGBT individuals in our community to meet short-term and often life-sustaining needs,” Carter said. “We focus on helping those who often do not fit the criteria for help from other organizations or agencies – filling gaps in human distress here in Washington, D.C. A sizable portion of our work involves discrimination cases too, many involving torture and asylum,” said Carter, referring to cases noted on the group’s website in which HOBS assists LGBT foreign nationals seeking U.S. political asylum to escape persecution in their home country.
“Before his passing, HOBS assisted Dr. Kameny frequently with some of his essential needs, including transportation for doctor’s appointments, the use of a mobile phone, groceries and meals, urgent bathroom plumbing repairs, repair of his eyewear, and the payment of past property tax bills to prevent his home foreclosure – spending in total thousands of dollars in the years before his death,” Carter said.
Carter provided these figures and related information in connection with the contributions HOBS received and expenditures it incurred for Kameny-related projects in 2010 and 2011:
- Contributions earmarked by donors for Kameny’s burial expenses totaled about $800.
- Other donors “make clear that their donations may be used for HOBS’ general mission,” were silent about how to use the donations.
- During this period, “approximately $15,000 was raised in connection with our general fundraising efforts.”
- HOBS incurred expenses totaling approximately $8,500 related to the purchase of a cemetery plot for Kameny at Congressional Cemetery, cremation expenses and “other expenses of the funeral home (including rental of a casket and hearse for transporting Dr. Kameny’s ashes to the memorial service…and a gravesite marker reading ‘Gay is Good.’”
- There was no surplus of funds from contributions for Kameny’s burial and memorial service efforts. HOBS used money from its general operating account to cover the Kameny funeral and burial expenses not covered by earmarked donations.
- HOBS did not solicit funds for payment of Kameny’s property taxes in 2011. It did raise money for and contributed to Kameny’s property tax payments in 2010.
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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 inflect 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.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
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