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Supreme Court denies Cuccinelli appeal of Va. sodomy law ruling

Action upholds lower court ruling striking down law

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Ken Cuccinelli, Virginia, gay news, Washington Blade
Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

The high court declined to hear a case brought by Virginia Attorney General Ken Cuccinelli related to the commonwealth’s sodomy law. (Washington Blade file photo by Michael Key)

The U.S. Supreme Court on Monday denied a petition by Virginia Attorney General Ken Cuccinelli seeking to appeal a lower court ruling declaring the state’s Crimes Against Nature or sodomy law unconstitutional.

By refusing to hear the case, the high court allowed a decision in March striking down the law by the Fourth Circuit U.S. Court of Appeals in Richmond to stand, ending efforts by Cuccinelli and other officials to get the state’s ban on oral and anal sex between consenting adults reinstated.

“Under any circumstances this is definitely a victory and it’s a good one,” said Claire Gastanaga, executive director of the ACLU of Virginia. “It puts to rest this idea that somehow you can have a statute that’s found unconstitutional but you can still be prosecuted under it.”

Gastanaga was referring to the Supreme Court’s landmark 2003 decision of Lawrence v. Texas that overturned state sodomy laws. A three-judge panel of the Fourth Circuit Court of Appeals cited the Lawrence decision as the basis for its decision in March to overturn Virginia’s Crimes Against Nature statute, saying it could no longer be enforced under any circumstances.

Cuccinelli has contended that the Lawrence decision doesn’t apply to cases involving sex between adults and minors. As a candidate for governor, Cuccinelli launched a special campaign website earlier this year claiming removal of the sodomy law would prevent law enforcement officials from prosecuting “child predators.”

LGBT rights attorneys have disputed that claim, saying existing state laws enable police and prosecutors to arrest and prosecute anyone who sexually abuses a minor.

The Fourth Circuit appeals court decision struck down a felony conviction by a judge in the city of Colonial Heights, Va., of a 47-year-old man for soliciting oral sex from a 17-year-old woman. Although no sex took place, the defendant, William Scott MacDonald, had been charged with soliciting someone to commit a sexual act that his attorneys argued was no longer illegal under the Lawrence decision.

In its 2-1 ruling, the appeals court panel declared that the Lawrence decision invalidated the Virginia Crimes Against Nature law as “facially” unconstitutional, preventing it from being enforced, even in cases of consensual sodomy between an adult and a minor if the minor is between the ages of 15 and 18. The judges noted that the age of sexual consent in Virginia is 15.

Cuccinelli’s office issued a statement on Monday saying the elimination of the sodomy law “puts tools prosecutors need to protect children in jeopardy.”

According to the statement, Cuccinelli’s efforts to keep the law on the books “was never about sexual orientation or private acts between consenting adults” but instead was about enabling law enforcement officials to “prosecute child predators.”

Attorneys familiar with the case — including prosecutors in Arlington and Alexandria — have said existing state laws give law enforcement officials the ability to prosecute all cases of forcible or coerced sex between an adult and a minor as a felony. They say that heterosexual intercourse between a minor within the age range of 15 through 17 and an adult can still be prosecuted as a misdemeanor. But with the elimination of the state sodomy law, consenting oral or anal sex among minors — gay or straight — between age 15 and 17 and an adult is fully legal and can’t be prosecuted until or unless the legislature changes the law.

Gastanaga and others familiar with Cuccinelli’s concerns have called on the Virginia General Assembly to revise the existing laws addressing the age of consent or sex with minors in a way that doesn’t violate the Constitution as spelled out in the Lawrence decision.

“That means you’ve got to do the hard work of getting together with the Commonwealth’s Attorneys and public defenders and other criminal defense lawyers and legislators and people like us and try to work out something that does address what you want to address, which is sexual activity that is not constitutionally protected,” Gastanaga said.

James Parrish, executive director of the statewide LGBT group Equality Virginia, said his organization would not oppose legislation that reforms existing laws to address potential problems resulting from the striking down of the sodomy law.

“This is something the Supreme Court decided now more than 10 years ago,” Parrish said. “We understand that the attorney general and others have some concerns of how the sodomy law was intertwined with other laws. They have had 10 years to make those laws more clear and we would hope they would work with the General Assembly to address these concerns” in a way that doesn’t violate the Lawrence decision’s protections pertaining to consenting adults, he said.

Although Cuccinelli criticized his Democratic opponent, businessman Terry McAuliffe, for expressing support for overturning the Virginia sodomy law, McAuliffe was leading Cuccinelli by a 42 to 37 percent margin in one of the most recent public opinion polls conducted by Virginia’s Hampton University.

Josh Schwerin, McAuliffe’s press secretary, said Cuccinelli demonstrated “an extreme agenda and uncompromising approach” by refusing in the past to support legislation to update Virginia’s laws to conform to the Supreme Court ruling on sodomy.

“Everyone supports strong laws to protect children and, like most Virginians, Terry believes our law should be updated to both conform with court rulings and allow prosecution of predators,” Schwerin said. “As he admitted as recently as 2009, Ken Cuccinelli is one of the only elected officials in America who believes that being gay should result in criminal prosecution and jail time,” he said.

Under the Supreme Court’s rules, at least four of the court’s nine justices must vote to hear a case in order for the court to consider a case on its merits. The court never discloses how individual justices vote or what the vote count was when it decides whether or not to take a case.

However, in August Supreme Court Chief Justice John Roberts issued a ruling denying a separate petition by Cuccinelli asking the court to put a stay on the Fourth Circuit Court of Appeals ruling striking down the Virginia sodomy law until the Supreme Court decided whether or not to take the case. Roberts did not issue an explanation for denying Cuccinelli’s request for a stay.

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World Pride 2025

D.C. liquor board extends drinking hours for WorldPride

Gay bars, other liquor-serving establishments can stay open 24 hours

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Sasha Colby performs at Pitchers in 2023. Liquor-serving establishments in D.C. will be able to remain open for 24 hours during WorldPride. (Washington Blade photo by Michael Key)

D.C.’s Alcoholic Beverage and Cannabis Board, which regulates liquor sales for the city’s bars, restaurants, nightclubs, and other establishments licensed to serve alcoholic beverages, has approved extended hours for alcohol service and sales during the days when most WorldPride events will be held in the nation’s capital.

In a May 2 announcement, the Alcoholic Beverage and Cannabis Administration, which works with the board, said the extended liquor serving and sales hours for WorldPride will take place beginning Friday, May 30, through 4 a.m. Monday, June 9.

Although the official schedule for WorldPride events shows the events will take place May 17-June 8, most of the large events, including a two-day Pride street festival, parade, and concert, were expected to take place between May 30 and June 8.

According to the ABCA announcement and an ABCA spokesperson, liquor servicing establishments with the appropriate license can stay open for 24 hours and serve alcoholic beverages from 6 a.m. through the day and evening until 4 a.m., with no liquor sales allowed from 4 a.m. to 6 a.m. during the May 30-June 9 period.

The ABCA announcement says liquor serving establishments must apply for the extended hours option and pay a $100 registration fee by a deadline on May 27.

Sources familiar with the liquor board have said the board has for many years approved the extension of liquor serving and sales hours for important events and for certain holidays such as New Year’s Eve.

At the time it approved the extended hours for WorldPride the liquor board also approved extended hours during the time when games for a World Cup soccer tournament will be held in the city on June 18, June 22, and June 26.

It couldn’t immediately be determined how many of D.C.’s 22 LGBTQ bars plan to apply for the extended drinking hours. David Perruzza, owner of the Adams Morgan gay bar Pitchers and its adjoining lesbian bar A League of Her Own, said he will apply for the 4 a.m. extended hours option but he does not intend to keep the two bars open for the full 23 hours.

Under the city’s current alcoholic beverage regulations, licensed liquor serving establishments may serve alcoholic beverages until 2 a.m. on weekdays and 3 a.m. on weekends.

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World Pride 2025

Episcopal bishop to speak at WorldPride human rights conference

Trump demanded apology from Mariann Edgar Budde over post-Inauguration sermon

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The Right Rev. Mariann Edgar Budde. (Screen capture via PBS NewsHour/YouTube)

The Right Rev. Mariann Edgar Budde is among those who are scheduled to speak at the WorldPride 2025 Human Rights Conference that will take place from June 4-6.

Budde, who is the bishop of the Diocese of Washington, in January urged President Donald Trump “to have mercy” on LGBTQ people, immigrants, and others “who are scared right now” during a post-Inauguration service that he and Vice President JD Vance attended at the Washington National Cathedral. Trump criticized Budde’s comments and demanded an apology.

The Right Rev. Mariann Edgar Budde speaks at the Washington National Cathedral on Jan. 21, 2025. (PBS NewsHour clip)

A press release the Washington Blade received notes Icelandic Industries Minister Hanna Katrín Friðriksson, UK Black Pride founder Phyll Opoku-Gyimah, and Bob the Drag Queen are among those who are also expected to participate in the conference.

The conference will take place at the JW Marriott (1331 Pennsylvania Ave., N.W.) and registration is open here.

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World Pride 2025

Pabllo Vittar to perform at WorldPride

Brazilian drag queen, singer, joined Madonna on stage in 2024 Rio concert

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Pabllo Vittar (Screen capture via Pabllo Vittar/YouTube)

A Brazilian drag queen and singer who performed with Madonna at her 2024 concert on Rio de Janeiro’s Copacabana Beach will perform at WorldPride.

The Capital Pride Alliance on Thursday announced Pabllo Vittar will perform on the Main Stage of the main party that will take place on June 7 at DCBX (1235 W St., N.E.) in Northeast D.C.

Vittar and Anitta, a Brazilian pop star who is bisexual, on May 4, 2024, joined Madonna on stage at her free concert, which was the last one of her Celebration Tour. Authorities estimated 1.6 million people attended.

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