Local
Gay former ANC commissioner seeks Council seat
Garber to challenge Orange in at-large race
David Garber (Photo courtesy Twitter)
Gay former advisory neighborhood commissioner David Garber last week announced his candidacy for the at-large D.C. Council seat currently held by Council member Vincent Orange (D-At-Large), saying he will challenge Orange in the city’s 2016 Democratic primary.
In an online video linked to his campaign website, Garber raised eyebrows by going on the attack against Orange. Calling on supporters to join him in the “movement for communities over corruption,” he raised the issue of the city’s ethics board reprimanding Orange for allegedly pressuring a city agency to call off regulatory action against a grocery store.
“While I applaud the incumbent for his long tenure in D.C. government, we simply deserve better,” Garber said in his campaign video. “Council member Orange was the first Council member to ever be publicly reprimanded by the D.C. Board of Ethics and Accountability for using his influence to – get this – to stop a health inspection of an insect and rat infested grocery store owned by one of his largest campaign contributors,” Garber said in the video.
James D. Brown, who serves as chief of staff at Orange’s Council office, released a statement to the Washington Blade taking exception to Garber’s criticism.
“Councilmember Orange has a ‘clean record’ with the D.C. Board of Ethics and Government Accountability (which you may verify),” Brown said. “CM Orange’s actions, that Mr. Garber speaks of, resulted in the health code violations being abated in less than 24 hours, the entity in question passing the D.C. Health Department inspection in less than 24 hours, and the avoidance of forty employees being laid off without pay during the Christmas holiday.”
Brown added in his statement that Orange “looks forward to addressing his insurmountable record of achievement” on a wide range of issues, including transgender rights, during his upcoming re-election campaign.
In his successful 2012 re-election campaign for his Council seat, Orange received support from a number of prominent LGBT activists, including Ward 8 civic activist Phil Pannell and Ward 3 gay ANC commissioner Lee Brian Reba.
If successful in his race for the at-large seat, Garber would become the first gay person to serve on the Council since the Council’s two long-time gay members — David Catania (I-At-Large) and Jim Graham (D-Ward 1) — left the Council in January. Catania gave up his seat in his unsuccessful race for mayor. Graham lost his re-election bid in the city’s 2014 Democratic primary.
Garber, who has named former Gay and Lesbian Activists Alliance President Bob Summersgill as his campaign treasurer, surprised some of his former ANC colleagues when he made it known at the time of his campaign announcement last week that he’s gay.
Andy Litsky, one of three out gay members of ANC 6D, where Garber served as a member between 2011 and November 2014, said Garber never self-identified as gay during his tenure on the ANC. Litsky also noted that Garber first won election to ANC 6D when he defeated another gay commissioner, D.C. businessman Bob Siegel, in the November 2010 election.
“Not that it makes any difference,” said Litsky. “Everybody comes out in their own way at their own time. I wish him well as a gay man.”
Pannell, who said he plans to remain neutral in the 2016 Council elections, said running as a gay candidate could be helpful to Garber in the Democratic primary, where voter turnout tends to be low and where a large turnout of LGBT voters could work in his favor.
Summersgill pointed to a statement that Garber posted on his Facebook page in April acknowledging his sexual orientation wasn’t widely known.
“In my public roles around the city, I haven’t typically felt the need or been forced to use a bullhorn to announce all that much about my personal life,” Garber said in his posting, noting that he has preferred to highlight his numerous civic activities.
“I’m gay,” he said. “It’s one thing that defines me and the way I see others and the world. But it becomes an especially important thing for me to be proud of, to fight more personally for, and to raise a flag for when the conversation turns away from more straightforward city matters, to something like equality.”
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Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
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