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Md. sodomy law used in bookstore arrests of gay men still on books

Only one of two separate sodomy laws repealed in 2020

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Lawmakers in Annapolis, Md., last year struck from a repeal bill the Unnatural or Perverted Sexual Practice Act, which has been used to prosecute gay men for consensual sex. (Blade file photo by Michael Key)

In a little-noticed development, the Maryland General Assembly agreed to requests by Republican lawmakers to delete one of the stateā€™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that it approved in March of 2020, leading most LGBTQ activists into incorrectly believing the full sodomy law had been repealed.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 Marylandā€™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, ā€œA person may not: take the sexual organ of another or of an animal in the personā€™s mouth; place the personā€™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.ā€

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 Marylandā€™s criminal Code Section 3-321, which criminalizes ā€œsodomyā€ 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 Marylandā€™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 Houghā€™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 ā€œspookedā€ 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 committeeā€™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 committeeā€™s amended bill that repealed the sodomy law but did not repeal the Unnatural or Perverted Sexual Practice Act. He noted the committeeā€™s approval by a unanimous vote came just as the Maryland General Assemblyā€™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.

ā€œBasically, that change was made in the last day of the pandemic legislative session,ā€ Moon told the Blade. ā€œAnd so, it was a take it or leave it situation. So, we went ahead and struck the sodomy part out, and here we are,ā€ 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.

ā€œThe 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,ā€ 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 Assemblyā€™s legislative session in January 2022 calling for the full repeal of the Unnatural or Perverted Sexual Practice Act. Supporters of Moonā€™s original bill in 2020, including the Maryland LGBTQ advocacy group Free State Justice, say they will push hard for passage of Moonā€™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., Sheriffā€™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 ā€œPerverted Sexual Practice.ā€ 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 Sheriffā€™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 Courtā€™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 ā€œprivateā€ or ā€œpublicā€ 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 Sheriffā€™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.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy ā€œthat local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.ā€

Moore on Thursday also signed House Bill 1386, which GLSEN notes will ā€œdevelop guidelines for an anti-bias training program for school employees.ā€

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District of Columbia

Catching up with the asexuals and aromantics of D.C.

Exploring identity and finding community

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Local asexuals and aromantics met recently on the National Mall.

There was enough commotion in the sky at the Blossom Kite Festival that bees might have been pollinating the Washington Monument. I despaired of quickly finding the Asexuals and Aromantics of the Mid-Atlanticā€”I couldnā€™t make out a single asexual flag among the kites up above. I thought to myself that if it had been the Homosexuals of the Mid-Atlantic I wouldā€™ve had my gaydar to rely on. Was there even such a thing as ace-dar?

As it turned out, the asexual kite the group had meant to fly was a little too pesky to pilot. ā€œHave you ever used a stunt kite?ā€ Bonnie, the event organizer asked me. ā€œI bought one. It looked really cool. But I canā€™t make it work.ā€ She sighed. ā€œI canā€™t get the thing six feet off the ground.ā€ The group hardly seemed to care. There was caramel popcorn and cookies, board games and head massages, a game of charades with more than its fair share of PokĆ©mon. The kites up above might as well have been a coincidental sideshow. Nearly two dozen folks filtered in and out of the picnic throughout the course of the day.

But I counted myself lucky that Bonnie picked me out of the crowd. If thereā€™s such a thing as ace-dar, it eludes asexuals too. The online forum for all matters asexual, AVEN, or the Asexual Visibility and Education Network, is filled with laments: ā€œI donā€™t think itā€™s possible.ā€ ā€œDude, I wish I had an ace-dar.ā€ ā€œIf it exists, I donā€™t have it.ā€ ā€œI think this is just like a broken clock is right twice a day type thing.ā€ What seems to be a more common experience is meeting someone you just click withā€”only to find out later that theyā€™re asexual. A few of the folks I met described how close childhood friends of theirs likewise came out in adulthood, a phenomenon that will be familiar to many queer people. But it is all the more astounding for asexuals to find each other this way, given that asexual people constitute 1.7% of sexual minorities in America, and so merely .1% of the population at large. 

To help other asexuals identify you out in the world, some folks wear a black ring on their middle finger, much as an earring on the right ear used to signify homosexuality in a less welcoming era. The only problem? The swinger communityā€”with its definite non-asexualityā€”has also adopted the signal. ā€œItā€™s still a thing,ā€ said Emily Karp. ā€œSo some people wear their ace rings just to the ace meet-ups.ā€ Karp has been the primary coordinator for the Asexuals and Aromantics of the Mid-Atlantic (AAMA) since 2021, and a member of the meet-up for a decade. She clicked with the group immediately. After showing up for a Fourth of July potluck in the mid-afternoon, she ended up staying past midnight. ā€œWe played Cards against Humanity, which was a very, very fun thing to do. It’s funny in a way thatā€™s different than if we were playing with people that weren’t ace. Some of the cards are implying, like, the person would be motivated by sex in a way that’s absurd, because we know they aren’t.ā€ 

Where so many social organizations withered during the pandemic, the AAMA flourished. Today, it boasts almost 2,000 members on meetup.com. Karp hypothesized that all the social isolation gave people copious time to reflect on themselves, and that the ease of meeting up online made it convenient as a way for people to explore their sexual identity and find community. Online events continue to make up about a third of the groupā€™s meet-ups. The format allows people to participate who live farther out from D.C. And it allows people to participate at their preferred level of comfort: while many people participate much as they would at an in-person event, some prefer to watch anonymously, video feed off. Others prefer to participate in the chat box, though not in spoken conversation.

A recent online event was organized for a discussion of Rhaina Cohenā€™s book, ā€œThe Other Significant Others,ā€ published in February. Cohenā€™s book discusses friendship as an alternative model for ā€œsignificant others,ā€ apart from the romantic model that is presupposed to be both the center and goal of peopleā€™s lives. The AAMA group received the book with enthusiasm. ā€œIt literally re-wired my brain,ā€ as one person put it. People discussed the importance of friendship to their lives, and their difficulties in a world that de-prioritized friendship. ā€œI can break up with a friend over text, and we donā€™t owe each other a conversation,ā€ one said. But there was some disagreement when it came to the bookā€™s discussion of romantic relationships. ā€œIt relegates ace relationships to the ā€˜friendā€™ or ā€˜platonicā€™ category, to the normie-reader,ā€ one person wrote in the chat. ā€œOur whole ace point is that we can have equivalent life relationships to allo people, simply without sex.ā€ (ā€œAlloā€ is shorthand for allosexual or alloromantic, people who do experience sexual or romantic attraction.)

The folks of the AAMA do not share a consensus on the importance of romantic relationships to their lives. Some asexuals identify as aromantic, some donā€™t. And some aromantics donā€™t identify as asexual, either. The ā€œAromanticā€ in the title of the group is a relatively recent addition. In 2017, the group underwent a number of big changes. The group was marching for the first time in D.C. Pride, participating in the LGBTQ Creating Change conference, and developing a separate advocacy and activism arm. Moreover, the group had become large enough that discussions were opened up into forming separate chapters for D.C., Central Virginia, and Baltimore. During those discussions, the group leadership realized that aromantic people who also identified as allosexual didnā€™t really have a space to call their own. ā€œWe were thinking it would be good to probably change the name of the Meetup group,ā€ Emily said. ā€œBut we were not 100% sure. Because [there were] like 1,000 people in the group, and theyā€™re all aces, and itā€™s like, ā€˜Do you really want to add a non-ace person?ā€™ā€ The group leadership decided to err on the side of inclusion. ā€œYou know, being less gatekeep-y was better. It gave them a place to go ā€” because there was nowhere else to go.ā€

The DC LGBT Center now sponsors a support group for both asexuals and aromantics, but it was formed just a short while ago, in 2022. The founder of the group originally sought out the centerā€™s bisexual support group, since they didnā€™t have any resources for ace folks. ā€œThe organizer said, you know what, why donā€™t we just start an ace/aro group? Like, why donā€™t we just do it?ā€ He laughed. ā€œI was impressed with the turnout, the first call. Itā€™s almost like we tapped into, like, a dam. You poke a hole in the dam, and the water just rushes out.ā€ The group has a great deal of overlap with the AAMA, but it is often a personā€™s first point of contact with the asexual and aromantic community in D.C., especially since the group focuses on exploring what it means to be asexual. Someone new shows up at almost every meeting. ā€œAnd Iā€™m so grateful that I did,ā€ one member said. ā€œI kind of showed up and just trauma dumped, and everyone was really supportive.ā€

Since the ace and aro community is so small, even within the broader queer community, ace and aro folks often go unrecognized. To the chagrin of many, the White House will write up fact sheets about the LGBTQI+ community, which is odd, given that when the ā€œIā€ is added to the acronym, the ā€œAā€ is usually added too. OKCupid has 22 genders and 12 orientations on its dating website, but ā€œaromanticā€ is not one of them ā€” presumably because aromantic people donā€™t want anything out of dating. And since asexuality and aromanticism are defined by the absence of things, it can seem to others like ace and aro people are ā€˜missing something.ā€™ One member of the LGBT center support group had an interesting response. ā€œThe space is filled byā€¦ whatever else!ā€ they said.  ā€œWeā€™re not doing a relationship ā€˜without that thing.ā€™ Weā€™re doing a full scale relationship ā€” as it makes sense to us.ā€

CJ Higgins is a postdoctoral fellow with the Alexander Grass Humanities Institute at Johns Hopkins University.

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District of Columbia

Bowser budget proposal calls for $5.25 million for 2025 World Pride

AIDS office among agencies facing cuts due to revenue shortfall

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D.C. Mayor Muriel Bowserā€™s proposed 2025 budget includes a request for $5.25 million in funding to support the 2025 World Pride celebration. (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowserā€™s proposed fiscal year 2025 budget includes a request for $5.25 million in funding to support the June 2025 World Pride celebration, which D.C. will host, and which is expected to bring three million or more visitors to the city.

The mayorā€™s proposed budget, which she presented to the D.C. Council for approval earlier this month, also calls for a 7.6 percent increase in funding for the Mayorā€™s Office of LGBTQ Affairs, which amounts to an increase of $132,000 and would bring the officeā€™s total funding to $1.7 million. The office, among other things, provides grants to local organizations that provide  services to the LGBTQ community.

Among the other LGBTQ-related funding requests in the mayorā€™s proposed budget is a call to continue the annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents ā€œexperiencing homelessness and housing instability.ā€ The budget proposal also calls for a separate allocation of $600,000 in new funding to support a new Advanced Technical Center at the Whitman-Walker Healthā€™s Max Robinson Center in Ward 8.

Among the city agencies facing funding cuts under the mayorā€™s proposed budget is the HIV/AIDS, Hepatitis, Sexually Transmitted Disease, and Tuberculosis Administration, known as HAHSTA, which is an arm of the D.C. Department of Health. LGBTQ and AIDS activists have said HAHSTA plays an important role in the cityā€™s HIV prevention and support services. Observers familiar with the agency have said it recently lost federal funding, which the city would have to decide whether to replace.

ā€œWe werenā€™t able to cover the loss of federal funds for HAHSTA with local funds,ā€ Japer  Bowles, director of the Mayorā€™s Office of LGBTQ Affairs, told the Washington Blade. ā€œBut we are working with partners to identify resources to fill those funding  gaps,ā€ Bowles said.

The total proposed budget of $21 billion that Bowser submitted to the D.C. Council includes about $500 million in proposed cuts in various city programs that the mayor said was needed to offset a projected $700 million loss in revenue due, among other things, to an end in pandemic era federal funding and commercial office vacancies also brought about by the post pandemic commercial property and office changes.

Bowserā€™s budget proposal also includes some tax increases limited to sales and business-related taxes, including an additional fee on hotel bookings to offset the expected revenue losses. The mayor said she chose not to propose an increase in income tax or property taxes.

Earlier this year, the D.C. LGBTQ+ Budget Coalition, which consists of several local LGBTQ advocacy organizations, submitted its own fiscal year 2025 budget proposal to both Bowser and the D.C. Council. In a 14-page letter the coalition outlined in detail a wide range of funding proposals, including housing support for LGBTQ youth and LGBTQ seniors; support for LGBTQ youth homeless services; workforce and employment services for transgender and gender non-conforming residents; and harm reduction centers to address the rise in drug overdose deaths.

Another one of the coalitionā€™s proposals is $1.5 million in city funding for the completion of the D.C. Center for the LGBTQ Communityā€™s new building, a former warehouse building in the cityā€™s Shaw neighborhood that is undergoing a build out and renovation to accommodate the LGBTQ Centerā€™s plans to move in later this year. The coalitionā€™s budget proposal also calls for an additional $300,000 in ā€œrecurringā€ city funding for the LGBTQ Center in subsequent years ā€œto support ongoing operational costs and programmatic initiatives.ā€

Bowles noted that Bowser authorized and approved a $1 million grant for the LGBTQ Centerā€™s new building last year but was unable to provide additional funding requested by the budget coalition for the LGBTQ Center for fiscal year 2025.

ā€œWeā€™re still in this with them,ā€ Bowles said. ā€œWeā€™re still looking and working with them to identify funding.ā€

The total amount of funding that the LGBTQ+ Budget Coalition listed in its letter to the mayor and Council associated with its requests for specific LGBTQ programs comes to $43.1 million.

Heidi Ellis, who serves as coordinator of the coalition, said the coalition succeeded in getting some of its proposals included in the mayorā€™s budget but couldnā€™t immediately provide specific amounts.  

ā€œThere are a couple of areas I would argue we had wins,ā€ Ellis told the Blade. ā€œWe were able to maintain funding across different housing services, specifically around youth services that affect folks like SMYAL and Wanda Alston.ā€ She was referring to the LGBTQ youth services group SMYAL and the LGBTQ organization Wanda Alston Foundation, which provides housing for homeless LGBTQ youth.

ā€œWe were also able to secure funding for the transgender, gender non-conforming workforce program,ā€ she said. ā€œWe also had funding for migrant services that weā€™ve been advocating for and some wins on language access,ā€ said Ellis, referring to programs assisting LGBTQ people and others who are immigrants and arenā€™t fluent in speaking English.

Ellis said that although the coalitionā€™s letter sent to the mayor and Council had funding proposals that totaled $43.1 million, she said the coalition used those numbers as examples for programs and policies that it believes would be highly beneficial to those in the LGBTQ community in need.

 ā€œI would say to distill it down to just we ask for $43 million or whatever, thatā€™s not an accurate picture of what weā€™re asking for,ā€ she said. ā€œWeā€™re asking for major investments around a few areas ā€“ housing, healthcare, language access. And for capital investments to make sure the D.C. Center can open,ā€ she said. ā€œItā€™s not like a narrative about the dollar amounts. Itā€™s more like where weā€™re trying to go.ā€

The Blade couldnā€™tā€™ immediately determine how much of the coalitionā€™s funding proposals are included in the Bowser budget. The mayorā€™s press secretary, Daniel Gleick, told the Blade in an email that those funding levels may not have been determined by city agencies.

ā€œAs for specific funding levels for programs that may impact the LGBTQ community, such as individual health programs through the Department of Health, it is too soon in the budget process to determine potential adjustments on individual programs run though city agencies,ā€ Gleick said.

But Bowles said several of the programs funded in the mayorā€™s budget proposal that are not LGBTQ specific will be supportive of LGBTQ programs. Among them, he said, is the budgetā€™s proposal for an increase of $350,000 in funding for senior villages operated by local nonprofit organizations that help support seniors. Asked if that type of program could help LGBTQ seniors, Bowles said, ā€œAbsolutely ā€“ thatā€™s definitely a vehicle for LGBTQ senior services.ā€

He said among the programs the increased funding for the mayorā€™s LGBTQ Affairs office will support is its ongoing cultural competency training for D.C. government employees. He said he and other office staff members conduct the trainings about LGBTQ-related issues at city departments and agencies.

Bowser herself suggested during an April 19 press conference that local businesses, including LGBTQ businesses and organizations, could benefit from a newly launched city ā€œPop-Up Permit Programā€ that greatly shortens the time it takes to open a business in vacant storefront buildings in the downtown area.

Bowser and Nina Albert, D.C. Deputy Mayor for Planning and Economic Development, suggested the new expedited city program for approving permits to open shops and small businesses in vacant storefront spaces could come into play next year when D.C. hosts World Pride, one of the wordā€™s largest LGBTQ events.

ā€œWhile we know that all special events are important, there is an especially big one coming to Washington, D.C. next year,ā€ Bowser said at the press conference. ā€œAnd to that point, we proposed a $5.25 million investment to support World Pride 2025,ā€ she said, adding, ā€œItā€™s going to be pretty great. And so, weā€™re already thinking about how we can include D.C. entrepreneurs, how weā€™re going to include artists, how weā€™re going to celebrate across all eight wards of our city as well,ā€ she said.

Among those attending the press conference were officials of D.C.ā€™s Capital Pride Alliance, which will play a lead role in organizing World Pride 2025 events.

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