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Gay juror decision bodes well for marriage cases: experts

Ninth Circuit applies heightened scrutiny to laws related to sexual orientation

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National LGBT Bar Association, Gay News, Washington Blade

The Ninth Circuit Court of Appeals applied heightened scrutiny in ruling against discrimination against gay jurors (image via wikimedia).

A ruling handed down by a federal appeals court on Tuesday in favor of LGBT non-discrimination in jury selection bodes well for the success of marriage equality litigation, according to legal experts who spoke to the Washington Blade.

Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the decision is important in and of itself, but also because of its impact on the case pending before the same courtĀ against Nevada’s ban on same-sex marriage.

“The ruling will make it even more difficult for Nevada’s marriage law to withstand the current challenge to it because heightened scrutiny means that the government will have to identify an ‘important’ state interest if it wants to continue to exclude gay and lesbian couples from marriage,” Goldberg said.

On Tuesday, a three-judge panel on the U.S. Ninth Circuit Court of Appeals determined the trial judge erred in allowing one litigant to remove a juror because of his sexual orientation, remanding the case for a new trial.

The case ā€” Glaxo Smith Kline v. Abbott Laboratories ā€” is the result of antitrust, contracts and business tort claims filed against the company for quadrupling the price of its protease inhibitor booster drug used by people with HIV. During jury selection, Abbott used its first peremptory challenge to strike a prospective juror after learning he was gay.

Writing for the majority, U.S. District Judge Roy Reinhardt ruled that Abbott “unconstitutionally used a peremptory strike” to exclude Juror B from the case because of his sexual orientation, but goes further by saying the court must apply heightened scrutiny in its ruling in the wake of the U.S. Supreme Court decision against the Defense of Marriage Act.

“Windsor requires that when state action discriminates on the basis of sexual orientation, we must examine its actual purposes and carefully consider the resulting inequality to ensure that our most fundamental institutions neither send nor reinforce messages of stigma or second-class status,” Reinhardt writes. “In short, Windsor requires heightened scrutiny.”

It’s not the first time that an appellate court has applied heightened scrutiny, or a greater assumption a law is unconstitutional, when considering a case related to sexual orientation. The U.S. Second Circuit Court of Appeals applied that standard when ruling in favor of Edith Windsor in her case against DOMA before that lawsuit came before the Supreme Court.

Several federal district courts have made similar rulings, as have the state high courts of California, Iowa, Connecticut and New Mexico. The view that laws related to sexual orientation should be subject to heightened scrutiny is also shared by the Obama administration.

But the decision in the Ninth Circuit is significant because it creates precedent within that jurisdiction to apply heightened scrutiny in the numerous cases before it involving gay people and may encourage courts outside the circuit to do the same.

Doug NeJaime, a law professor at the University of California, Irvine, said the court application of heightened scrutiny to its decision “is very significant.”

“This Ninth Circuit ruling will likely encourage other courts to engage with the issue of whether Windsor suggests some heightened form of scrutiny,” NeJaime said. “More concretely, it will directly influence the challenge to Nevadaā€™s marriage law currently before the Ninth Circuit; whether sexual orientation merits heightened scrutiny for federal equal protection purposes has been an issue throughout that case, and the district court had decided that it did not.”

Still, NeJaime said the Ninth Circuit’s decision to draw on the DOMA decision to apply heightened scrutiny “will likely be proven controversial” because U.S. Associate Justice Anthony Kennedy never explicitly invoked the level of scrutiny in his ruling.

The high-profile case involving sexual orientation before the Ninth Circuit is Sevick v. Sandoval, the challenge filed by Lambda Legal against Nevada’s ban on same-sex marriage.

Jon Davidson, Lambda’s legal director, said the ruling will have “a very significant impact” on the court’s examination of the Nevada marriage case.

“The Ninth Circuitā€™s ruling that sexual orientation discrimination must be given heightened scrutiny is further proof of the progress we are making in convincing courts that the Constitution affords LGBT people meaningful protections against government-imposed inequality,” Davidson said.

Opponents of the case, known as the Coalition for the Protection of Marriage, filed their brief before the Ninth Circuit on the same day as the jury selection ruling, arguing in an untimely manner that ā€œthere is no legal or factual basis for deploying ā€˜heightened scrutinyā€™ in this case.”

But the Nevada marriage case isn’t the only lawsuit pending before the Ninth Circuit. Other cases in the jurisdiction are the recently filed challenge against Arizona’s ban on same-sex marriage and the case against Oregon’s ban, which is currently before Ā gay U.S. District Judge Michael McShane.

Additionally, the challenge against the Arizona law signed by Gov. Jan Brewer rescinding domestic partner benefits for gay state employees is also before the Ninth Circuit. The court’s use of heightened scrutiny in the juror case could influence the decision in any of these cases.

Davidson added the application of heightened scrutiny in the juror case also has implications on gay government workers seeking relief if they feel they’ve faced discrimination on the job.

“If any federal, state, or local government agency or official in any of the nine states in the Ninth Circuit discriminates against someone based on their sexual orientation, they will have the burden of demonstrating that their action substantially furthers an important and legitimate government goal,” Davidson said. “They will not be able to rely on hypothetical or after the fact justifications.”

Despite the celebration over the standard of review in the case, LGBT advocates are also celebrating the ruling in its own right for establishing non-discrimination against gay people in the juror selection process.

Dā€™Arcy Kemnitz, executive director of the National LGBT Bar Association, commended the Ninth Circuit.

“Jury service is a fundamental civic duty,” Kemnitz said. “LGBT people are proud to serve the courts when summoned. While some might jest at jury duty, in fact the courts demand through a subpoena that a person suspends their usual daily activity to be part of the rule of law.”

Legislation known as the Jury ACCESS Act, which would institute a rule of non-discrimination for gay jurors in federal courts, is also pending before Congress. Last year, it was incorporated into the Senate version of the fiscal year 2014 financial services appropriations bill, but it’s technically no longer pending because Congress passed omnibus spending legislation instead.

Sen. Jeanne Shaheen (D-N.H.), chief sponsor of the legislation, commended the Ninth Circuit for issuing the ruling, but said more action is needed from Congress.

ā€œThere is no place for discrimination in our judicial system, and it should be the right and obligation of every citizen to sit on a jury,ā€ Shaheen said. ā€œThe appellate courtā€™s ruling is an important step, but I will continue working to make sure no American can be excluded from this important civil responsibility on the basis of their sexual orientation or gender identity.ā€

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Canada

Prominent Ugandan activist asks for asylum in Canada

Steven Kabuye stabbed outside his home on Jan. 3

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Steven Kabuye (Photo via X)

A prominent Ugandan activist who was stabbed outside his home earlier this year has asked for asylum in Canada.

Two men on motorcycles attacked Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, on Jan. 3 while he was going to work. 

Kabuye posted a video to his X account that showed him on the ground writhing in pain with a deep laceration on his right forearm and a knife embedded in his stomach.

He spoke with the Washington Blade from Kenya on Jan. 8 while he was receiving treatment. Kabuye arrived in Canada on March 6.

Kabuye during an April 27 telephone interview with the Blade from Canada said Rainbow Railroad, a group that works with LGBTQ and intersex refugees, helped him “get away from the dangers that were awaiting me in Kenya and Uganda.” Kabuye said he asked for asylum in Canada because he “cannot return to either Uganda or Kenya.”

“The Ugandan government fails to get the culprits who wanted to end my life,” he said.

Kabuye told the Blade that Ugandan police officials threaten his colleagues when he publicly speaks about his case.

“Every time I come up and demand for the police to act out, they end up calling the colleagues of mine that remain in Uganda and intimidate them so they can scare me off, so they can make me pack up and keep quiet,” he said.

Ugandan President Yoweri Museveni last May signed his country’s Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.” 

Canadian Foreign Minister MĆ©lanie Joly described the law as a “blatant violation of human rights and fundamental freedoms of LGBTQ+ Ugandans.”

The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.

The Ugandan Constitutional Court last month refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists have appealed the ruling.

“The previously concluded ruling did not make a difference,” said Kabuye.

Kabuye told the Blade he has an interview with Canadian immigration officials on Friday. He said he will continue to advocate on LGBTQ Ugandans from Canada. 

“I’m very grateful to Rainbow Railroad,” said Kabuye. “They’ve still given me a chance to continue my advocacy.”

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National

From LGBTQ book bans to internet bans: A bipartisan attack on knowledge

Online safe spaces for queer youth increasingly at risk

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Attacks on queer safe spaces and access to information continue to escalate.

ā€œThey had LGBTQ-inclusive books in every single classroom and school library,ā€ Maxx Fenning says of his high school experience. ā€œThey were even working on LGBTQ-specific course codes to get approved by the state,ā€ he said, describing courses on queer studies and LGBTQ Black history. 

No, Fenning didnā€™t grow up in Portland or a Boston suburb. Fenning graduated from a South Florida high school in 2020. Floridaā€™s transformation from mostly affirming to ā€œDonā€™t Say Gayā€ has been swift, he says. ā€œIt feels like a parallel universe.ā€ 

Fenning, who just graduated from the University of Florida, follows the developments closely as the executive director of PRISM FL Inc., a youth-led LGBTQ nonprofit he founded at 17. ā€œI’ve watched so many of the things that I kind of took advantage of be stripped away from all of the students that came after me,ā€ Fenning says. ā€œItā€™s one thing to be in an environment that’s not supportive of you. It’s another thing to be in an environment that’s supportive of you and then watch it fall apart.ā€

ā€œItā€™s just gut-wrenching,ā€ Fenning explained, describing how Floridaā€™s increasingly hostile legislation has transformed the state he has lived in most of his life. 

Most recently, Florida passed HB3, ā€œOnline Protections for Minors,ā€ which bans youth under 14 from having social media accounts. Youths aged 14 and 15 need parental consent before getting accounts and any minor must be protected from ā€œharmful contentā€ online.

Unlike the previous legislation, which came predominately from the right and directly targeted issues like gender-affirming healthcare or DEI, HB3 is part of a bipartisan push across the country to regulate social media, specifically for youth. HB3 was co-sponsored by Michele K. Rayner, the openly queer Black member of the Florida Legislature, alongside many of her colleagues across the aisle. Similar national legislation, like Kids Online Safety Act, includes 68 Democratic and Republican sponsors.

Shae Gardner, policy director at LGBT Tech, explains that this legislation disproportionately harms LGBTQ youth, regardless of intentions or sponsors.Ā 

Gardner says that while all these bills claim they are for the safety of kids, for LGBTQ youth, ā€œyou are putting them at risk if you keep them offline.ā€ She explains that ā€œa majority of LGBTQ youth do not have access to affirming spaces in their homes and their communities. They go online to look like that. A majority say online spaces are affirming.ā€ 

Research by the Trevor Project, which reports that more than 80% of LGBTQ youth ā€œfeel safe and understood in specific online spacesā€ backs this up. Specific online spaces that are under target from legislation, like TikTok, are disproportionately spaces where LGBTQ youth of color feel safest.

ā€œFor LGBTQ people, social media has provided spaces, which are, at once both public and private, that encourage, and enhance ā€¦ a great deal of self-expression that is so important for these communities,ā€ confirms Dr. Paromita Pain, professor, Global Media Studies & Cybersecurity at University of Nevada, Reno. She is the editor of the books ā€œGlobal LGBTQ Activismā€ and ā€œLGBTQ digital cultures.ā€

Fenning emphasizes that with bills like ā€œDonā€™t Say Gay,ā€ in Florida ā€” and other states including North Carolina, Arkansas, Iowa, and Indiana ā€” LGBTQ youth have less access to vital information about their health and history. ā€œSocial media [are] where young people increasingly turn to get information about their community, their history, their bodies and themselves.ā€ 

At PRISM, Fenning works to get accurate, fact-backed information to Florida youth through these pathways, ranging from information on health and wellbeing to LGBTQ history to current events. The feedback has been overwhelmingly positive. Often youth tell him ā€œI wish I learned this in school,ā€ which is a bittersweet feeling for Fenning since it represents how much young LGBTQ youth are missing out on in their education. 

Morgan Mayfaire, executive director of TransSOCIAL, a Florida advocacy group, said that these internet bans are an extension of book bans, because when he was a teen, books were his pathway into the LGBTQ community. ā€œFor me it was the library and the bookstores that we knew were LGBTQ friendly.ā€ Now 65, Mayfaire understands that ā€œkids today have grown up with the internet. That’s where they get all their information. You start closing this off, and you’re basically boxing them in and closing every single avenue that they have. What do you think is going to happen? Of course, it’s going to have an impact emotionally and mentally.ā€

Fenning says that social media and the internet were powerful to him as a teen. ā€œI was able to really come into my own and learn about myself also through social media. It was really powerful for me, building a sense of self.ā€ Gardner agrees, sharing that legislation like this, which would have limited ā€œ15-year-old me, searching ā€˜if it was OK to be gayā€™ online, would have stagnated my journey into finding out who I was.ā€

Gardner also explains that many of the bills, like HB3, limit content that is ā€œharmfulā€ or ā€œobsceneā€ but do not specifically define what that content is. Those definitions can be used to limit LGBTQ content.

ā€œExisting content moderation tools already over-censor LGBTQ+ content and users,ā€ says Gardner, ā€œthey have a hard time distinguishing between sexual content and LGBTQ+ content.ā€ Pain emphasizes that this is no accident, ā€œthere are algorithms that have been created to specifically keep these communities out.ā€

With the threat of fines and litigation from HB3, says Gardner, ā€œmoderation tools and the platforms that use them is only going to worsen,ā€ especially since the same legislators may use the same terms to define other queer content like family-friendly drag performances. 

In addition to being biased, it has devastating effects on LGBTQ youth understanding of their sense of identity, Fenning explains. ā€œThat perception of queer people as being overly sexual or their relationships and love being inherently sexual in a way that other relationships aren’t does harm to our community.ā€

Gardner acknowledges that online safety has a long way to go ā€” pointing to online harassment, cybercrime, and data privacyā€”but that these bills are not the correct pathways. She emphasizes ā€œeverybody’s data could be better protected, and that should be happening on a federal level. First and foremost, that should be the floor of protection.ā€ 

She also emphasizes that content moderation has a long way to go from targeting the LGBTQ community to protecting it. ā€œTrans users are the most harassed of any demographic across the board. That is the conversation I wish we were having, instead of just banning kids from being online in the first place.ā€

Being queer on the ground in Florida is scary. ā€œThe community is very fearful. This [legislation] has a big impact on us,ā€ explains Mayfaire. 

ā€œI mean, it sucks. Right?ā€ Fenning chuckles unhappily, ā€œto be a queer person in Florida. In a state that feels like it is just continuously doing everything it can to destroy your life and all facets and then all realms.ā€

Despite the legislative steamrolling, several court wins and coordinated action by LGBTQ activists help residents see a brighter future. ā€œThere’s a weird tinge of hope that that has really been carrying so many queer people and I know myself especially this year as we’re seeing the rescinding of so many of these harmful policies and laws.ā€

Florida students protest the stateā€™s ā€˜Donā€™t Say Gayā€™ law. (Photo courtesy Maxx Fenning)

For example, this March, Florida settled a challenge to its ā€œDonā€™t Say Gayā€ legislation that significantly lessens its impact. Already, experts warn that HB3 will face legal challenges.

Pain emphasizes that social media is central to LGBTQ activism, especially in Florida. ā€œThere have been examples of various movements, where social media has been used extremely effectively, to put across voices to highlight issues that they would not have otherwise had a chance to talk about,ā€ she says, specifically citing counteraction to ā€œDonā€™t Say Gay.ā€ That is another reason why legislation like this disproportionately harms LGBTQ people and other minority groups, it limits their ability to organize.

Fenning emphasizes that HB3 directly attacks spaces like PRISM, which do not just share information for the LGBTQ community, but provide spaces for them. ā€œFoundationally it provides an opportunity for the community,ā€ he says, but more than anything, it provides a space, where ā€œyou can you can learn from your queer ancestors, so to speak, and take charge.ā€ And that is invaluable.Ā 

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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Maryland

Trone, Alsobrooks battle it out in Md.

Winner of May 14 Democratic primary will face Hogan in November

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From left, Prince George's County Executive Angela Alsobrooks and U.S. Rep. David Trone (D-Md.) are running for U.S. Senate in the Maryland Democratic Party primary. (Photos courtesy of the campaigns)

The two Democrats who are running to succeed retiring U.S. Sen. Ben Cardin (D-Md.) told the Washington Blade they would champion LGBTQ rights in the U.S. Senate.

Congressman David Trone is a member of the LGBTQ+ Equality Caucus and co-sponsored the Equality Act, which would add sexual orientation and gender identity to federal civil rights law. 

Trone voted in favor of the Respect for Marriage Act and co-sponsored a U.S. House of Representatives resolution in support of transgender rights. Trone helped secure $530,000 in grants from the Department of Homeland Security to develop violence prevention programs for LGBTQ youth in Montgomery County. He has also participated in Pride marches and other LGBTQ-specific events in his district that stretches from northern Montgomery County to Garrett County in western Maryland.

Trone during a telephone interview with the Blade on May 1 noted Republicans voted for the Respect for Marriage Act, which codified marriage equality in federal law.

“It’s about having to be able to personally connect with folks on the other side of the aisle,” said Trone. 

“What I found successful to me is building a personal relationship and telling stories about my life,” he added.

Trone during the interview disclosed his niece is trans, and attended Furman University in South Carolina. He said he donated $10 million to the school that he attended as an undergrad to “build out their mental health capacity, which I felt was a way that she could have the best mental health care possible when she worked her way through (her) transition.ā€

Trone said his company, Total Wine & More, began to offer benefits to employees’ same-sex partners nearly 30 years ago. He told the Blade he implemented the policy after a female employee said her partner was unable to get health insurance.

“I didn’t really think much about it, because I didn’t realize that her partner was another woman,” recalled Trone. “She explained to me that she was another woman and couldn’t get married, and I said, well, we’ll figure that out, so I went down to human resources and found that you can change your policy.”

Maryland voters in 2012 approved the state’s same-sex marriage law.

Prince George’s County Executive Angela Alsobrooks was the county’s state’s attorney when voters upheld the marriage equality law.

She supported the law and attended a pro-Question 6 fundraiser at state Del. Anne Kaiser (D-Montgomery County)’s home ahead of the referendum. The Montgomery County Democrat’s now wife worked with Alsobrooks when she was state’s attorney, and she toasted them at their 2013 wedding.

Alsobrooks during an April 29 interview at the Blade’s office noted Prince George’s County offers PrEP to LGBTQ people and other communities “that need the opportunity to protect themselves.”

She, like Trone, supports the Equality Act, noting it “does provide the opportunity to not experience discrimination in a number of forums.” Alsobrooks also discussed the need to “protect the courts.”

“The one thing that former President Trump did was to stack the courts with judges who make decisions that have taken away the rights of many people, including the LGBTQ community,” she told the Blade. 

Alsobrooks also said she would like to be on the Senate Judiciary Committee to “make sure that we are not appointing these conservative, activist judges who want to make decisions and choices that do not belong to them … and are determined, I think, to remove freedom from so many.”

Prince Georgeā€™s County Councilwoman Krystal Oriadha, a bisexual woman who supports Trone, last June criticized the decision not to hold a ceremony for the raising of the Pride flag over the county administrative building in Upper Marlboro.

Pastor John K. Jenkins, Sr., of First Baptist Church of Glenarden, the Upper Marlboro church that Alsobrooks attends, in 2012 urged his congregants to vote against Marylandā€™s marriage equality law. Shirley Caesar, a well-known gospel singer, during a 2017 appearance at the church defended Kim Burrell, another gospel singer who referred to the ā€œperverted homosexual lifestyleā€ in an online sermon that has been removed from YouTube and social media.

Alsobrooksā€™s campaign in an earlier statement to the Blade said she ā€œdoes not agree with those sentiments.ā€

Primary winner to likely face Hogan

Early voting in Maryland began on May 2.

Campaign finance reports indicate Trone has loaned his campaign more than $54 million. Alsobrooks has raised more than $7 million.

AĀ poll that Goucher College conducted with the Baltimore BannerĀ between March 19-24 found 42 percent of likely Democratic voters will vote for Trone, compared to 33 percent who said they will cast their ballot for Alsobrooks. Nearly a quarter of poll respondents said they were undecided.Ā Ā Ā Ā 

An Emerson College Polling/The Hill/DC News Now poll released on Thursday notes Alsobrooks is now ahead of Trone by a 42-41 percent margin with a 2.9 percent margin of error. The poll was conducted between Monday and Wednesday.

The winner of the May 14 primary will most likely face off against Republican former Gov. Larry Hogan, who entered the race in February. 

Alsobrooks would become the first Black woman to represent Maryland in the U.S. Senate if she were to win in November. She told the Blade that Maryland “is going to be one of the states” that will determine whether Democrats will retain control of the chamber. 

“That issue of choice was also squarely featured because of his (Hogan’s) well-known position as a person who is not pro-choice,” she said, referring to abortion that has emerged as a top campaign issue after the U.S. Supreme Court in 2022 struck down Roe v. Wade. “It really energized a lot of people who are now really leaning in and are committed to making sure that we keep Maryland blue, and by extension that we elect people who will protect a woman’s right to choose, protect reproductive freedom.”

Trone told the Blade that he is the candidate who can defeat Hogan in November.

“I have a track record of progress and passing bills in the House for three sessions,” said Trone. “I’ll be able to beat Larry Hogan.”

Candidates attacked over insensitive comments, campaign spending

Trone and Alsobrooks in recent weeks have intensified their attacks against each other.

Somerset Mayor Jeffrey Slavin and other elected officials who have endorsed Alsobrooks over the past weekend publicly criticized Trone after he told NBC Washington last week that people who have backed her are “low level.”

Trone in March apologized after he used a racial slur during a House Budget Committee hearing. 

Alsobrooks’s campaign did not publicly respond to the comment. Alsobrooks herself pointed out to the Blade that Trone during a debate said he gave money to U.S. Reps. Lucy McBath (D-Ga.) and Lauren Underwood (D-Ill.), describing them as “great diversity candidates.” (Trone later said he meant to say “diverse candidates.”)

“We are not diversity candidates,” said Alsobrooks. “These are qualified congresswomen.”

Alsobrooks also noted Trone has given money to anti-LGBTQ Republicans.

Campaign finance records indicate Trone and/or his wife have previously supported anti-LGBTQ Republicans. These include a $38,000 donation to Texas Gov. Greg Abbottā€™s election campaign in 2014, two $4,000 contributions to former North Carolina Gov. Pat McCrory in 2008 and 2012 and $2,500 to U.S. Sen. Tom Tillis (R-N.C.).

Total Wine & More between 2007-2022 contributed $272,971 to Republican officials, candidates and state parties. Trone in 2015 stepped down as the company’s CEO.

Trone in response to Alsobrooks’s criticism noted his company has more than 1,000 employees in Texas. Trone also defended his company and the way that he has “always put my people first.”

“If you put your people first, you’re going to take care of your people with full time wages, wages with benefits, insurance, health care, all those things,” he said. “Republicans attack us in all these states, then they have the audacity to ask for money in those states, and that’s where the company is put between a rock and a hard place.”

“That’s why we want to get this money out of politics,” added Trone. “Get these people out (of) there asking for money.”

Trone said he has given more than $20 million to Democrats.

“The fact that the company works to protect the jobs of people in Tennessee, and in South Carolina, (works) on issues that are not related to abortion, issues that are not at all related to LGBTQ+ issues that are related to the business; I keep them open,” he told the Blade. “They’d like to conflate the world to their advantage.”

Trone noted he was not “born rich” and attended public school, while Alsobrooks “went to private school.” Trone also described Alsobrooks to the Blade as a “career politician.”

Governor Wes Moore; Lt. Gov. Aruna Miller; U.S. Sen. Chris Van Hollen; former U.S. Sen. Barbara Mikulski, U.S. Reps. John Sarbanes, Glenn Ivey, Steny Hoyer, Kweisi Mfume and Jamie Raskin; state Sen. Mary Washington (D-Baltimore City); former state Del. Maggie McIntosh (D-Baltimore City); Baltimore Mayor Brandon Scott; and Howard County Registrar of Wills Byron Macfarlane are among the elected officials who have endorsed Alsobrooks.

ā€œShe was for marriage equality before it was cool to be for marriage equality,” Kaiser told the Blade late last year.

Attorney General Anthony Brown, Prince George’s County State’s Attorney Aisha Braveboy and gay state Dels. Ashanti Martinez (D-Montgomery County) and Kris Fair (D-Frederick County) are among those who have endorsed Trone.

“Congressman David Trone has been an unwavering supporter of LGBTQ+ rights since his first year in office,” Fair told the Blade on Tuesday in a statement. “He has been a vocal and visible leader, showing up in queer spaces and being an active listener and facilitator.”

Gay state Del. Joe Vogel (D-Montgomery County), who is running for Trone’s seat in Congress, has also endorsed him.

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