Local
Md. sodomy law used in bookstore arrests of gay men still on books
Only one of two separate sodomy laws repealed in 2020
In a little-noticed development, the Maryland General Assembly agreed to requests by Republican lawmakers to delete one of the state’s two separate sodomy laws from a sodomy law repeal bill that it approved in March of 2020, leading most LGBTQ activists into incorrectly believing the full sodomy law had been repealed.
According to Maryland House of Delegates member David Moon (D-Montgomery County), who introduced the repeal bill in the state House, which approved the bill on Feb. 20, 2020, the Democratic-controlled Senate Judicial Proceedings Committee voted unanimously to pass an amendment that deleted from the bill a provision calling for the repeal of Maryland’s Criminal Code Section 3-322, which is known as the Unnatural or Perverted Sexual Practice Act.
The act criminalizes oral sex in all possible circumstances, including between consenting adults.
It states, “A person may not: take the sexual organ of another or of an animal in the person’s mouth; place the person’s sexual organ in the mouth of another or of an animal; or commit another unnatural or perverted sexual practice with another or with an animal.”
The offense of violating the act is listed as a misdemeanor but includes a penalty of up to 10 years in prison or a fine not exceeding $1,000 or both upon conviction of the offense.
During its deliberations in March 2020, the Senate Judicial Proceedings Committee, while deleting the Unnatural or Perverted Sexual Practice Act from the repeal bill, left in place the provision in the bill that called for repealing Maryland’s criminal Code Section 3-321, which criminalizes “sodomy” between consenting adults as a felony with a penalty of up to 10 years in prison upon conviction.
Supporters of the original repeal bill say the two statutes each criminalize same-sex sexual relations between consenting adults and the repeal of one of them and not the other leaves on the books a statute that stigmatizes LGBTQ people even if the law is not enforced.
Supporters of the original bill also pointed out that separate, existing Maryland laws strictly prohibit acts of cruelty to animals as well as any non-consensual sexual acts, including same-sex rape and sex between adults and juveniles. This meant that repealing the Unnatural or Perverted Sexual Practice Act would not prevent anyone engaging in sexual assault, sex with minors, or abuse of animals from being arrested and prosecuted to the full extent of the law.
Among those who supported that assessment in testimony before the committee was Lisae Jordan, executive director of the Maryland Coalition Against Sexual Assault.
But despite these assurances, which were further confirmed at the Judicial Proceedings Committee hearing by Maryland’s Assistant Attorney General Carrie J. Williams, Republican members of the committee, including Sen. Michael Hough (R-Frederick & Carroll Counties) raised strong objections to repealing any existing statute that might be used to prosecute someone engaging in sexual assault or pedophilia.
Sources familiar with the committee have speculated that Hough’s strong hints that he would hold anyone who voted for the full repeal responsible for an inability to prosecute sexual assault and sex with minors as well as incidents of cruelty to animals may have “spooked” the Democrats on the committee to back the amendment.
Sen. William Smith (D-Montgomery County), who chairs the committee; Sen. Jeff Waldstreicher (D-Montgomery County), the committee’s vice chair; and committee members Sen. Shelly Hettleman (D-Baltimore County) and Sen. Susan Lee (D-Montgomery County) did not respond to requests by the Blade for comment on why they voted for the amendment to remove the Unnatural and Perverted Sexual Practice Act from the repeal bill.
Each of them has been supportive on LGBTQ rights on other legislation that has come before the Maryland General Assembly. Lee, for example, introduced a sodomy law repeal bill several years earlier that failed to pass.
The other members of the committee that voted to remove the Unnatural or Perverted Sexual Practice Act from the repeal bill included Sens. Ronald Young (D-Frederick County), Charles Sydnor (D-Baltimore City & Baltimore County), Jill Carter (D-Baltimore City), Robert Cassilly (R-Harford County), Chris West (R-Baltimore County), Justin Ready (R-Carroll County), and Michael Hough (R-Frederick & Carroll Counties).
Moon said the full Maryland Senate quickly approved the committee’s amended bill that repealed the sodomy law but did not repeal the Unnatural or Perverted Sexual Practice Act. He noted the committee’s approval by a unanimous vote came just as the Maryland General Assembly’s 2020 legislative session was coming to an end one month earlier than usual due to restrictions related to the COVID pandemic.
With just one day left before the legislative session was to adjourn for the year on March 18, 2020, Moon said the House of Delegates, which had passed the full repeal version of the bill by a vote of 133 to 5 on Feb. 20, 2020, had a choice of accepting the Senate version or letting the bill die. He said House members decided to approve the Senate bill, with the vote taking place March 18.
“Basically, that change was made in the last day of the pandemic legislative session,” Moon told the Blade. “And so, it was a take it or leave it situation. So, we went ahead and struck the sodomy part out, and here we are,” he said.
He noted that the truncated legislative session did not provide time for the Senate version of the bill to come before a House-Senate conference committee, where supporters of the original bill could have pushed for rejecting the Senate version and sought approval of the House version.
“The next year the Unnatural or Perverted Sex Practice law is being used exactly in the manner we were trying to stop it from being used,” he said, referring to the May 20 raid on Bush River Books & Video store, in which four of the arrested men were charged with Perverted Sexual Practice.
Moon said he plans to introduce another repeal bill at the start of the General Assembly’s legislative session in January 2022 calling for the full repeal of the Unnatural or Perverted Sexual Practice Act. Supporters of Moon’s original bill in 2020, including the Maryland LGBTQ advocacy group Free State Justice, say they will push hard for passage of Moon’s bill next year.
The 2003 U.S. Supreme Court ruling in Lawrence v. Texas, which declared state sodomy laws unconstitutional, and other court rulings impacting Maryland made the two Maryland sodomy statutes theoretically unenforceable for consenting adults. But attorneys familiar with the two statutes have said police have made arrests and prosecutors sometimes have attempted to prosecute mostly men, including gay men, charged under the laws in the years following the court rulings.
The most recent known arrests took place on May 20 of this year, when Harford County, Md., Sheriff’s deputies arrested nine men during the raid on the adult Bush River Books & Video store in the town of Abingdon. Four of the men were charged with “Perverted Sexual Practice.” The store is located 25 miles north of Baltimore.
One of the men charged with Unnatural or Perverted Sexual Practice was also charged with indecent exposure. Another four were charged with indecent exposure and one of the men was charged with solicitation of prostitution.
A friend of one of the men charged with indecent exposure told the Blade his friend was with another adult male inside an enclosed video room with a locked door when Sheriff’s Office deputies opened the door with a key obtained from the store and placed the two men in handcuffs as they were arrested.
The friend and others familiar with the arrests said the arrested men spent the night in jail before they were released in the morning and appeared in court. Several of the cases are scheduled for trial on Aug. 2 in Harford County District Court.
Greg Nevins, an attorney who serves as senior counsel for the national LGBTQ litigation group Lambda Legal, said lower court rulings that apply to Maryland and other states, in addition to the U.S. Supreme Court’s Lawrence decision overturning state sodomy laws, have left it largely up to individual trial court judges to interpret these rulings to determine whether consensual sexual activity under sodomy or indecent exposure laws took place in a “private” or “public” setting.
Most of the court rulings declaring sodomy laws unconstitutional have limited those rulings to consensual, non-commercial sexual activity conducted in a private setting.
But according to Nevin, at least one ruling by the U.S. Court of Appeals for the Fourth Circuit, which includes Maryland, had the effect of making the Maryland Unnatural and Perverted Sexual Practice statute unenforceable for consenting adults regardless of whether alleged sexual activity takes place in a private or public place.
Nevin and other attorneys have said reports that some of the arrests at the Bush River Books & Video store in Harford County involving Sheriff’s Deputies opening locked private video rooms, where men allegedly were engaging in sexual activity, should be considered private spaces like a rented hotel room.
The owner or a representative of Bush River Books & Video store has not responded to requests by the Blade for comment.
Maryland
Supreme Court ruling against conversion therapy bans could affect Md. law
Then-Gov. Larry Hogan signed statute in 2018
By PAMELA WOOD, JOHN-JOHN WILLIAMS IV, and MADELEINE O’NEILL | The U.S. Supreme Court on Tuesday ruled against a law banning “conversion therapy” for LGBTQ kids in Colorado, a ruling that also could apply to Maryland’s ban on the discredited practice.
An 8-1 high court majority sided with a Christian counselor who argues the law banning talk therapy violates the First Amendment. The justices agreed that the law raises free speech concerns and sent it back to a lower court to decide whether it meets a legal standard that few laws pass.
Justice Neil Gorsuch, writing for the court’s majority, said the law “censors speech based on viewpoint.” The First Amendment, he wrote, “stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”
The rest of this article can be read on the Baltimore Banner’s website.
District of Columbia
As mayor’s race takes shape, candidates endorse LGBTQ equality
Like nearly all recent D.C. elections, LGBTQ voters will be choosing a candidate for mayor in 2026 from a list of mostly strong LGBTQ rights supporters in the city’s June 16 primary.
As of March 30, the D.C. Board of Elections’ list of candidates who submitted the required number of petition signatures for the June 16 primary ballot included 10 mayoral candidates: nine Democrats and one Statehood Green Party candidate.
Among those candidates, six, all Democrats, have issued statements expressing strong support for LGBTQ rights, including the two leading Democratic contenders, former D.C. Council member Kenyan McDuffie and current Council member Janeese Lewis George, who represents Ward 4.
One of the lesser-known Democratic candidates who released an LGBTQ supportive statement, Rini Sampath, a cyber security consultant, told the Washington Blade she identifies as queer, becoming one of the first known LGBTQ D.C. mayoral candidates to gain access to a major party primary ballot.
“We’re living in an extremely diverse community, an extremely unique community,” she told the Blade. “And being able to self-label, self-identify as queer is something that I just want to take pride in.”
Similar to McDuffie and Lewis George, Sampath released statements to the Blade and the Capital Stonewall Democrats, the city’s largest LGBTQ local political group, expressing support for LGBTQ rights and outlining plans for LGBTQ supportive policies if elected mayor.
Although many D.C. LGBTQ activists have said they have yet to decide whom to support for mayor, those who have decided appear to be divided between McDuffie and Lewis George. Most D.C. political observers consider McDuffie and Lewis George to be the two leading candidates in the mayoral race.
The other Democratic mayoral contenders who have released statements expressing support on LGBTQ issues include Gary Goodweather, a local real estate manager and developer who has been actively campaigning at LGBTQ events; Vincent Orange, a former At-Large and Ward 5 D.C. Council member; and Kathy Henderson, a longtime Ward 5 community activist and elected Advisory Neighborhood Commissioner.
The remaining two Democratic mayoral candidates, Hope Solomon, a former U.S. Department of Homeland Security contractor and Dupont Circle civic activist; and Ernest Johnson, a real estate broker and Ward 1 community activist, did not respond to inquiries from the Blade and Capital Stonewall Democrats seeking information about their position on LGBTQ related issues.
Robert Gross, the Statehood Green Party candidate who is running unopposed in the June 16 primary, also didn’t respond to inquires from the Blade about his position on LGBTQ issues.
D.C. Board of Elections records show that at least five Republican candidates filed papers to run for mayor in the June 16 GOP primary, but none of them remained as candidates as of March 30, when the election board issued its updated candidate list.
Just one of the five Republican candidates replied to an email message from the Washington Blade sent to all mayoral candidates in early March seeking their position on LGBTQ issues. That candidate, Esa Muhammad, whose website identifies him as an engineer, consultant, and local business owner, sent a reply expressing opposition to LGBTQ rights.
“Unfortunately, I do not support LGBTQ because The God only created 2 genders (Adam/Eve),” he wrote. “Anyway, I will be fair to you all despite your sick way of looking at life,” he stated.
Capital Stonewall Democrats President Stevie McCarty said his group sent questionnaires to all the Democratic mayoral candidates as well as to Democrats running for other offices such as D.C. Council. Information posted on the group’s website shows only four of the mayoral candidates returned a complete questionnaire: McDuffie, Lewis George, Goodweather, and Sampath.
Each of them provides detailed information of their plans for supporting LGBTQ policies if elected and their record of support on LGBTQ issues. McCarty said the questionnaire responses for all candidates that submitted them can be accessed at outvotedc.org.
He said Capital Stonewall Democrats will hold virtual LGBTQ forums in April, including a mayoral forum on April 8. He said the group’s members will vote on the candidate endorsements online from April 20 through May 11, and the group expects to announce its endorsements May 14.
GLAA DC, formerly known as the Gay and Lesbian Activists Alliance of Washington, has issued candidate ratings for most D.C. elections since the 1970s, and the nonpartisan LGBTQ group was expected to issue ratings for mayoral candidates this year. But like in recent years, the group is expected to base its ratings on mostly non-LGBTQ issues, with a progressive, left-leaning perspective, according to a nine-page “Back to Basics GLAA Policy Brief 2026” that the group released in March.
The LGBTQ activists who are backing McDuffie or Lewis George appear to be gravitating to the two based on their political leanings separate from LGBTQ issues, just like voters in general. Lewis George, who identifies as a democratic socialist, is popular among LGBTQ and non-LGBTQ “progressives.”
McDuffie, who is seen as a more moderate candidate along the lines of current D.C. Mayor Muriel Bowser, is being supported by LGBTQ activists who hold those views, some of whom currently work in the Bowser administration.
Among Lewis George’s LGBTQ supporters are longtime Ward 8 community leader Philip Pannell and former Capital Stonewall Democrats president Howard Garrett. Among the LGBTQ McDuffie backers are longtime D.C. Democratic activists John Fanning and David Meadows.
Longtime D.C. LGBTQ Democratic Party activist Peter Rosenstein, who is supporting McDuffie, has raised concerns about Lewis George’s backing by the national group Democratic Socialists of America. In Facebook postings, Rosenstein points to the Democratic Socialists of America’s opposition to Israel as a country and said it is viewed by many in the Jewish community as promoting antisemitism. He has criticized Lewis George for not speaking out against that and for accepting the DSA’s endorsement.
In an interview with the Blade, Lewis George strongly disputed that assessment, saying she has been a strong ally and supporter of the Jewish community.
“I’m a member of the Metro DSA here in D.C. that I work with to fight for labor and for tenant rights,” she said. “I’m also a member of the Democratic Party,” she added, saying, “There are things that the Democratic Party does that I don’t agree with. There are things that the national DSA does that I don’t agree with. That’s a group that I work with.”
“But I want to be clear that I am running for mayor to represent all of our community, and that includes our amazing and historical Jewish community here in D.C.,” she said. “I have had the amazing opportunity to spend time at synagogues and talking to Jewish leaders and groups and institutions. And so, there should be no worry here.”
Following are short excerpts from the detailed statements five of the nine Democratic mayoral candidates submitted to the Capital Stonewall Democrats or the Washington Blade.
Kenyan McDuffie: “As mayor, every piece of legislation I sign, craft, or endorse should also encompass the interest and input of the LGBTQ community members and advocates…From housing to health care and everything in between… We have a dire crisis regarding the rise in homelessness especially among the youth in our LGBTQ communities. In my administration that simply cannot be the status quo and will not be…I have been a consistent champion for our LGBTQ community and will remain so as Mayor of D.C.’
Janeese Lewis George: “As mayor, I will protect our LGBTQ+ neighbors against federal attacks on their identity, including their health care…On the Council I have been a strong supporter of pro-LGBTQ+ bills, including making D.C. a sanctuary for people seeking gender-affirming health care as well as addressing discrimination and harassment in nightlife and hospitality…And as mayor, I am prepared to move up and win those fights – a fight for D.C. statehood, a fight for our true economy, and a real opportunity to uplift our Black queer and trans youth.”
Gary Goodweather: “A Goodweather administration will defend every D.C. law protecting LGBTQ residents. I will establish a Defend DC office to coordinate the District’s legal and public response to federal overreach, with LGBTQ+ protections explicitly within its mandate…My affordable D.C. plan will produce 50,000 new homes with 36,000 affordable units, and I will ensure LGBTQ+ youth housing programs are funded as a budget priority.”
Rini Sampath: “I am an immigrant, proud queer woman, and a 10-year resident of Washington, D.C…For me, LGBTQ+ voters including transgender and nonbinary residents, are not a separate or symbolic constituency; they are a core part of a broader, multiracial, cross-ward coalition rooted in in equity and opportunity.”
Vincent Orange: “I have a long and consistent record of supporting LGBTQ+ equality and inclusion in the District of Columbia, grounded in both policy and personal commitment. As the District’s Democratic Committeeman from 2006 to 2015, I publicly supported marriage equality and voted accordingly … During my time on the D.C. Council, I worked to advance protections for LGBTQ+ residents, including authoring and passing legislation to prohibit discrimination against transgender individuals in the workplace.”
Kathy Henderson: Kathy Henderson has maintained a consistent record of treating all members of the community with dignity, compassion, and respect, regardless of gender, race, ethnicity, sexual orientation, identity, political party, national origin, or ideology. Kathy Henderson embraced the late Wanda Alston as a colleague and good friend…Alston was the first director of the Mayor’s Office of LGBTQ Affairs and Henderson helped to organize and facilitate the first LGBTQ citizens summit.”
Local
D.C.’s affirming congregations to mark Holy Week, Easter
Dignity Washington among groups holding events
LGBTQ-friendly congregations in the D.C. area this week are marking Easter and Holy Week.
The Metropolitan Community Church of Washington, D.C., located in Mount Vernon Square, holds both online and in-person services.
An online-only Good Friday service will take place on April 3 at 7 p.m. In person or online Resurrection Sunday services will take place on April 5 at 10:30 a.m.
Dignity Washington, an LGBTQ Catholic group, is also holding Holy Week and Easter events.
The group on March 29 held a Palm Sunday prayer event. Dignity Washington on April 5 will hold a Mass at St. Margaret’s Episcopal Church at 6 p.m. It will be livestreamed on Facebook.
Foundry United Methodist Church holds two Easter Sunday services at 9 and 11:15 a.m.
Riverside Baptist Church, located in Southwest Washington, is an “Inclusive, Multicultural, Christ-Centered” congregation that also offers Holy Week and Easter activities.
The church on Good Friday at 3 p.m. is holding an outreach period in which they will clean up the neighborhood. Easter Sunday services will be held at 9:45 a.m., starting with a musical prelude, followed by services.
The church offers weekly “Wednesday Witness,” a youth and safety zone drop-in, serving as a safe space for the students of Jefferson Middle School and the community. It takes place from 3-5 p.m.
The DC LGBTQ+ Community Center offers a comprehensive list of inclusive faith communities on its website. The Association of Welcoming and Affirming Baptists offers a list of churches partnered with their organization that are inclusive and mainly Baptist, but the group does feature churches of other denominations.
The 18th National Rainbow Seder took place at the Human Rights Campaign on March 29. The sold out event is the country’s largest Passover Seder for the Jewish LGBTQ community.
Organizations behind the event included Bet Mishpachah, a local D.C. LGBTQ synagogue that Rabbi Jake Singer-Beilin leads, and GLOE, an Edlavitch DC Jewish Community Center program that sponsors events for the queer Jewish community. The theme for this year’s Seder was “Liberation for All Who Journey: Remembering, Resisting, Rebuilding.” Rabbis Atara Cohen, Koach Frazier, and Avigayil Halpern led it.
The Seder honored the late GLOE co-chair Michael Singer. Singer also served on the Edlavitch DC Jewish Community Center’s board.
“This Seder is both a celebration of how far we have come and a call to continue building a more just and inclusive world.” Bet Mishpachah Executive Director Joshua Maxey told the Washington Blade.
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