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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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District of Columbia

Over 2,000 turn out for Hands Around the Kennedy Center protest

Drag performer Tara Hoot serves as MC, Gay Men’s Chorus of DC performs, attendees shout for Trump to keep ‘hands off’ Kennedy Center

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The Gay Men's Chorus of Washington performs at a rally in front of the Kennedy Center on Friday, Sept. 18. (Washington Blade photo by Michael Key)

More than 2,000 supporters of the John F. Kennedy Center for the Performing Arts turned out on Sept. 18, for a rally in support of the performing arts center and a vocal protest against President Donald Trump’s threats to permanently close the center and possibly demolish it.

The event was organized by a group called Hands Off the Arts, which initially called for participants to form a “human chain” around the Kennedy Center’s main building following a rally on the plaza in front of the building.

However, due to a decision by the Trump-controlled Kennedy Center’s board of trustees to close the center earlier in the week and install fencing around part of the building, participants could only form the chain around part of the building, according to organizers.

Drag performer Tara Hoot, who co-organized the event and served as master of ceremonies for the rally preceding the “human chain,” said the large turnout could have fully surrounded the building at least twice had the fencing not prevented a full encirclement.

Drag artist Tara Hoot serves as the emcee at the Hands Around the Kennedy Center protest on Friday, Sept. 18. (Washington Blade photo by Michael Key)

Among the musicians and singing groups that performed at the rally was the Gay Men’s Chorus of Washington, which, like other rally performers, had performed at the Kennedy Center in past years. They drew loud applause after singing one of their favorite songs from the Broadway musical show Ragtime, which includes the lyrics, “Will justice be demanded by 10 million men? Make them hear you. When they hear you, I’ll be near you again.”

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Prior to their performance, Gay Men’s Chorus of Washington’s artistic director, Thea Kano, spoke at the rally, reminding participants that shortly after the Trump takeover of the center last year, Kennedy Center officials cancelled a concert the chorus was scheduled to perform there for World Pride 2025.

A Kennedy Center spokesperson said the cancellation was due to a scheduling conflict, but chorus members and LGBTQ activists believe it resulted from policies put in place by Trump and his leadership team at the Kennedy Center following Trump’s statements that he would end controversial “woke” performances that he claimed the majority of Americans disapprove of.

“Now this building sits empty in silence,” Kano told the crowd at the rally. “Let us raise our voices together and bring back the Kennedy Center as it was intended, a place where American culture could be celebrated and elevated, embracing the vibrancy with the spectrum of identify without censure and without politics,” she said.

Among the others who spoke at the rally were U.S. Rep. Don Beyer (D-Va.), U.S. Rep. Jonathan Jackson (D-Ill.), and D.C. Councilmember Robert White (D-At-Large).

Most speakers, along with LGBTQ participants in the hands-around-the-building event expressed strong opposition to Trump’s demand that the Kennedy Center name be changed from the John F. Kennedy Center for the Performing Arts to the Donald J. Trump and the John F. Kennedy Center for the Performing Arts.

At Trump’s request, his appointed board initially made that name change and placed Trump’s name on the front wall of the building along with the Kennedy name. But following legal action taken by opponents who pointed out that Congress must approve such a name change, a judge ordered the removal of Trump’s name from the building. Trump has said he will take steps to reverse that order and has said he will stop plans to renovate the Kennedy Center building and possibly demolish it if his name is not restored in the Kennedy’s Center’s official name.

Throughout the Sept. 18 rally, LGBTQ participants repeatedly responded to the Trump threats by shouting, “Hands Off!”

Chris Raleigh, one of the founders of Hands Off the Arts and a lead organizer of the Sept. 18 event at the Kennedy Center who spoke at the event told the Washington Blade that more similar events are being planned and he welcomes the support the event has received from the LGBTQ community.

“The LGBTQ community was here first, and we’re following them,” he said. “They’ve been the spearhead; they’ve been the vanguard. And I’m so thankful for heroes like Tara Hoot,” he said, adding, “It’s because they know what it means and how this is a safe place – the theater – for many LGBTQ people.”

Actress Lynda Carter speaks at the ‘Hands Off the Kennedy Center’ rally. (Washington Blade photo by Michael Key)
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District of Columbia

Furries take over the Metro

Shutterpaws held Fur Ride on Sept. 12

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Shutterpaws, a local furries group, held their annual Fur Ride on the D.C. Metro on Sept. 12. (Photo by Rory)

The DMV’s own furry group was on full display on the Metro on Sept. 12.

Shutterpaws is a volunteer-led 501(c)(3) non-profit organization located in Maryland.

The furry group has been doing the FurRide event since 2024 and has blown up in popularity for furries around DMV. They showcased themselves on the Silver and Blue Lines near the Smithsonian on Sept. 12. 

“A lot of careful planning goes into running these events, with the goal being a seamless and enjoyable experience for everyone who attends,” says Zayre, a Shutterpaws staff member. “There’s a lot that you learn just by trial and error, and as Shutterpaws hosts more and more events, our team of event organizers continues to learn and refine our approach to keep things running smoothly and finding new ways to engage with our community.” 

With a larger growth of participation in the community comes many challenges with the group, especially when it comes to the Metro rides and organizing. 

“The biggest challenge that we face as organizers is keeping things fresh and finding new and engaging venues to host events,” says Zayre. “Recently we saw a lot of success hosting a meet at On Target Battlezone, an indoor NERF gun battle arena where our crew was welcome to show up and play both with and without a fur suit.” 

Nevertheless, Shutterpaws receive overwhelming support from the community and partners. 

“Across the DMV there are so many amazing places to host a Shutterpaws event so we can pursue our mission of helping connect fur suiters and photographers, and we’re blown away with the amount of support we’ve received from our community partners,” says Zayre. 

Shutterpaws plans to do more events for anyone in the DMV who is interested.

Their next event in collaboration with DC Fur Meet will take place at Pitchers (2317 18th St., N.W.) on Saturday. Visit Shutterpaws’ website for more information.

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Delaware

Republican challenger misgenders McBride during forum, forced to leave

Jewish Federation of Delaware hosted event on Thursday

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Congresswoman Sarah McBride in her office on Capitol Hill. (Washington Blade Photo by Michael Key)

Republican “Dr. Joe” Arminio, the Republican nominee for the First State’s at-large U.S. House of Representatives seat, attempted to misgender the the country’s first and only transgender member of Congress while at a forum on Thursday.

This story was first broken by WDEL out of Wilmington, Del.

Arminio used the terms “his” and later “gentleman” when referring to U.S. Rep. Sarah McBride (D-Del.) during his time on the mic before he was asked to leave the forum, hosted by the Jewish Federation of Delaware at the Siegel Jewish Community Center in Talleyville on Thursday night.

At that point, the crowd of about 100 people largely started booing Arminio, who then finished, “I would like to show respect to the speaker, that would be nice.”

Moderator Ken Grant waited until Arminio was finished, then said, “this is your final warning, if you fail to show respect to anyone else on this stage, you’ll be asked to leave.”

During the answer to his next question at the forum, Arminio responded to what he called an “error.”

“I committed an error before, and I do acknowledge it,” Arminio said. “It’s not the first error I’ve made in this campaign, or at any point in my future life.”

Despite the apology and acknowledgement that he had committed what was, at the very least, a social taboo, he did it again 12 minutes later.

While talking about rising healthcare costs being a “catastrophe,” Arminio pointed to U.S. Sen. Chris Coons (D-Del.) and McBride.

“The reason it is is because gentlemen like the two up here with me in the Democratic Party, and the Republican Party … ” Arminio said.

Despite his direct attacks on McBride’s gender identity, she responded to the situation with grace, attempting to intervene to allow Arminio to still have a chance to speak despite not heeding the moderator’s warnings.

“I don’t want this gentleman to not have the ability … ,” McBride began.

However, Republican Senate candidate Michael Katz interrupted her shortly before Arminio was removed from the forum, which was meant to inform the Delaware electorate on the candidates’ issues.

Katz had his opening statement next and directly condemned Arminio’s comments.

“I would like to apologize to everybody here and everybody else on this stage. As a physician, I believe in our common humanity and respect for each other. I feel that pain over those comments, and my apologies.”

Following the forum, Katz called for Arminio to exit the race via social media.

“Those who seek to represent Delaware must demonstrate integrity, judgment, decency, and respect — even toward people with whom they profoundly disagree,” Katz’s post read on Facebook. “For these reasons, I am calling on Joseph Arminio to withdraw his candidacy for the United States House of Representatives.”

This is not the first time McBride has been the victim of misgendering.

In 2025, House Foreign Affairs Committee Chair Rep. Keith Self (R-Texas) introduced the sole representative from Delaware as “Mr. McBride” during a meeting.

This is also not the first time McBride has faced vitriol from the other side of the aisle — both in terms of personal and legislative attacks on her trans identity.

In 2025, the House voted to ban trans girls and women from playing school sports with other girls, while U.S. Rep. Nancy Mace (R-S.C.) pushed for legislation barring trans women from using women’s bathrooms.

House Speaker Mike Johnson (R-La.) instituted a similar rule barring McBride — and all other trans women — from women’s restrooms on Capitol Hill.

McBride has also been a vocal opponent of Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. The directive prohibits the federal government from recognizing the gender identity of trans people.

She has criticized Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which would ban trans service members from serving in the Armed Forces. The directive is still being challenged in the courts to determine its constitutional legitimacy, but it has been allowed to remain in effect as the judicial system considers its legality.

The Washington Blade sat down with McBride in May to reflect on a tense year for LGBTQ politics, where she, in typical McBride fashion, answered questions about the hate she has received.

“Our politics are too often defined by hate,” McBride told the Blade. “I’m glad Delaware and Delawareans are showing that a different kind of politics is possible.”

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