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An end to Kameny burial stalemate?

‘Tentative agreement’ could clear way for interment of activist’s ashes

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Frank Kameny, gay news, Washington Blade
Frank Kameny, gay news, Washington Blade

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.

Frank Kameny, Marvin Carter, Dan Choi, Washington Blade, gay news, HOBS, Helping Our Brothers and Sisters

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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District of Columbia

D.C. bar Rush facing eviction on charge of failing to pay rent

Landlord says $201,324 owed in back payments, late fees

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(Photo courtesy of Rush)

The owners of the building at 14th and U Streets, N.W. where D.C.’s newest LGBTQ bar and nightclub Rush opened on Dec. 5, 2025, filed a complaint in D.C. Superior Court on Feb. 3 seeking Rush’s eviction on grounds that the bar has failed to pay its required rent since last May.

According to the court filing by building owners Thomas and Ioanna Tsianakas Family Trust and Thomas Tsianakas Trustee, Rush owes $141,338.18 in back rent, $19,086.19 for utilities, and $40,900 in late fees, coming to a total of $201,324.37.

Rush owner Jackson Mosley didn’t immediately respond to a Feb. 5 phone message from the Washington Blade seeking comment on the court filing seeking his eviction from the building located at 200114th Street, N.W., with its entrance around the corner on U Street.   

WUSA 9 TV news reported in a Feb. 5 broadcast that Mosley said he “doesn’t see why the eviction notice is news and called it a ‘formality.’” The WUSA report adds that Mosley said he and the Rush landlord “have no bad blood” and if the action did reach the point of eviction he would file for Chapter 11 bankruptcy to restructure the lease and his debts.

The eviction court filing follows a decision by the city’s Alcoholic Beverage and Cannabis Board on Dec. 17 to suspend Rush’s liquor license on grounds that its payment check for the liquor licensing fee was “returned unpaid.” The liquor board reissued the license three days later after Mosley paid the fee with another check

He told the Blade at the time that the first check did not “bounce,” as rumors in the community claimed. He said he made a decision to put a “hold” on the check so that Rush could change its initial decision to submit a payment for the license for three years and instead to arrange for a lower payment for just one year at a time.

Around that same time several Rush employees posted social media messages saying the staff was not paid for the bar’s first month’s pay period. Mosley responded by posting a message on the Rush website saying employees were not paid because of a “tax related mismatch between federal and District records,” which, among other things, involved the IRS.

“This discrepancy triggered a compliance hold within our payroll system,” his statement said. “The moment I became aware of the issue I immediately engaged our payroll provider and began working to resolve it,” he said.

 But WUSA 9 reports in its Feb. 5 broadcast about the eviction issue that at least some of the now former employees say they still have not been paid since their first paycheck failed to come on Dec. 15.   

Superior Court online records for the eviction case show that a “Remote Initial Hearing” for the case has been scheduled for March 30 before a Landlord & Tenant Judge.  

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District of Columbia

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

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.

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