Local
Supreme Court denies Cuccinelli appeal of Va. sodomy law ruling
Action upholds lower court ruling striking down law

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.
District of Columbia
D.C. Pride flag raising ceremony set for June 1
Mayor, council members to participate
D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs is inviting the LGBTQ community and friends to attend the city’s annual Pride flag raising ceremony scheduled for 4 p.m. Monday, June 1, outside the John Wilson Building that serves as the D.C. City Hall.
Like in prior years, members of the D.C. Council and officials with the Office of LGBTQ Affairs were expected to join Bowser in delivering remarks on the front entrance steps at the Wilson Building before raising the Pride flag atop one of the tall flagpoles next to the building’s entrance.
Gaby Vincent, a spokesperson for the LGBTQ Affairs Office, said attendees of the flag raising ceremony will be invited to attend a reception immediately following the ceremony in the main lobby of the Wilson Building, which is located on Pennsylvania Avenue at 14th Street, N.W.
She said the reception will feature a DJ, dancing, and refreshments provided by the D.C. LGBTQ bar and café Spark Social House.
Vincent said the flag raising event will also mark the 20th anniversary of the opening of the D.C. Mayor’s Office of LGBTQ Affairs.
In its official announcement of the flag raising event the LGBTQ Affairs Office also announced it is hosting the 7th annual District of Pride Showcase event to be held Friday, June 17, at 7 p.m. at the Lincoln Theater.
The announcement says LGBTQ community members, families, and allies are also invited to walk with Bowser in the Capital Pride Parade scheduled for Saturday, June 20. It says the mayor’s parade contingent will assemble at 2 p.m. at the parade’s starting location at 14th and U Streets, N.W.
“As we also celebrate the 20th anniversary of the Mayor’s Office of LGBTQ Affairs, we invite residents, community members, families and allies to join us throughout June for moments of pride, connection, visibility, and joy,” the announcement says.
District of Columbia
‘Queer Love’ campaign launched to address domestic violence
D.C. event set for LGBTQ+ Domestic Violence Awareness Day on May 28
The D.C.-based Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth, announced earlier this month that it has joined partner organizations to launch a Queer Love Shouldn’t Hurt campaign aimed at addressing domestic violence within the LGBTQ community.
In a May 18 statement, the Alston Foundation said the campaign involves a public awareness initiative leading up to LGBTQ+ Domestic Violence Awareness Day scheduled for May 28.
“Domestic and family violence in LGBTQ+ communities is real and too often invisible,” Cesar Toledo, the Alston Foundation’s executive director, said in the statement. “As a community, we do not talk about it enough, and that silence can leave survivors feeling isolated and alone,” he said. “We must break that silence.”
He added that culturally competent care for those impacted by domestic violence is available through a newly launched website, queerlove.org, “where people can safely access vital resources, educational toolkits, and support networks they need on their healing journey.”
The website announces one of the project’s first events, a Queer Love Community Social, was scheduled for Thursday, May 28, from 6-8 p.m. at the D.C. LGBTQ+ Community Center at 1827 Wiltberger St., N.W.
“Join us this LGBT+ Domestic Violence Awareness Day for a community social dedicated to visibility and survivor resilience,” the website statement says. “Let’s gather to strengthen our bonds, honor the path to healing, and share free resources,” it says of the May 28 event.
The website also announces a June 1 workshop called Empowering Survivors of LGBTQ+ Intimate Partner Violence, which it says will be presented by Jesse Wedell, an official with the D.C. LGBT+ Counseling Collaborative. The website provides an online form to register for the workshop upon which its location would be disclosed.
It identifies the partner organizations working with the Alston Foundation on the Queer Love Public Awareness Campaign as the LGBT+ Counseling Collaborative, Whitman-Walker Health, the D.C. LGBTQ+ Community Center, and Equality Chamber.
The resources and information provided by the project can be accessed at www.queerlove.org.
District of Columbia
Man accused of threatening to shoot D.C. bar employee after making anti-gay slurs
May 24 incident took place near Black Pride events on U Street
D.C. police on Sunday, May 24, at around 4:20 p.m. arrested a Maryland man for allegedly threatening to shoot an employee while using anti-gay slurs at Ben’s Next Door restaurant and bar at 1211 U St., N.W.
According to a statement released by police and a police incident report, the arrested man, identified as Delonte Fraley, 32, of Accokeek, Md., made the threats after the employee told a bartender not to serve the man alcohol.
“The suspect overheard the employee and threatened to shoot the employee and used homophobic slurs against the employee,” the police statement says. “When the employee left the restaurant for the day, the suspect was standing near the employee’s vehicle,” it says.
“The employee returned to the restaurant and called the police,” the statement continues. “The suspect was apprehended by responding officers,” it says.
The police statement says the arresting officers charged Fraley with Felony Threats (Hate/Bias).
D.C. Superior Court records show prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. criminal cases, escalated the charge to Threatening to Injure or Kidnap a Person (Bias-Related Hate Crime).
The incident occurred during Memorial Day weekend when thousands of visitors and D.C. area LGBTQ advocates and supporters were attending D.C. Black Pride events held in locations across the city, including Black Pride parties hosted by LGBTQ bars in the U Street entertainment area near Ben’s Next Door.
Among the nearby LGBTQ bars hosting D.C. Black Pride events were Nellie’s Sports Bar and Thurst Lounge. Ben’s Next Door is located next to the popular longtime U Street eatery Ben’s Chili Bowl.
Court records show that Judge Robert R. Rigsby at a May 25 presentment hearing released Fraley on personal recognizance with a stay-away order — the details of which were not publicly disclosed pending a June 4 preliminary hearing.
A more detailed arrest affidavit filed in court by D.C. police says Fraley allegedly confronted the employee at Ben’s Next Door with anti-gay slurs on the day prior to his arrest.
“The complainant told the defendant that because he used homophobic slurs towards himself previously on May 23, 2026, and his hostess, as well as making threats to the complainant and calling him a faggot, he was unable to stay in the establishment,” the affidavit states.
It adds, “The defendant became irate stating, ‘I know where your Tesla is at. See me outside faggot, I will slap your ass’ and ‘I will shoot your ass.’” The affidavit says the complainant confirmed to police the Tesla referred to by Fraley was his vehicle. It says as the victim walked toward his car after getting off work, he saw Fraley standing directly in front of the car.
“The complainant stated he felt unsafe while the defendant was standing in front of his vehicle because he felt the defendant was capable of carrying out those threats,” says the affidavit. It says the victim then decided to return to the restaurant and call police without the defendant having seen him.
“The defendant was placed under arrest for Felony Threats Hate/Bias and was transported to the Third District Station for processing,” the affidavit concludes.
It couldn’t immediately be determined whether the victim identifies as LGBTQ or whether any of the Ben’s Next Door patrons had been involved with D.C. Black Pride.
“Established in 2008, Ben’s Next Door is a family-owned and operated restaurant and bar on U Street, Northwest in Washington, D.C.,” a statement on its website says. “As a Black-owned establishment, it’s our goal to deliver a warm, welcoming, familiar, and communal vibe to all guests,” the statement says.
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