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Only one of two separate sodomy laws repealed in 2020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that it approved in March of 2020, leading most LGBTQ activists into incorrectly believing the full sodomy law had been repealed.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
LGBTQ University of Maryland students prepare to celebrate Hanukkah
Eight-day festival to begin Thursday night

A number of Hanukkah events for LGBTQ students will take place at the University of Maryland this week.
Queer Jewish students and allies are welcome to attend Crazy Cozy Chill Chanukah Celebration on Sunday at the University of Maryland Hillel. Hamsa, home to queer Jewish life on campus, hosted a study break with hot drinks, snacks and games and a chance to welcome Hanukkah early.
The first night of Hanukkah is Thursday.
Chabad UMD is hosting a menorah lighting on Thursday in front of McKeldin Library and plans to mention the war between Israel and Hamas, according to Rabbi Eli Backman of Chabad UMD. The event is going to be a focus on the positivity and the message of the Hanukkah story.
“We’ve been around for thousands of years and all those who’ve tried to make sure that we didn’t live to see the next generation (is) no longer here,” Backman said. “That message will really resonate at home for the holiday.”
The story of the Maccabees is one of the few stories where Jewish people fought, Backman said. In Jewish history, people don’t see a military response in many of the other holiday moments.
“It should give us a boost of energy,” Backman said. “A boost of strength (and) a boost of hope.”
Part of the Hanukkah story’s message is that Jewish people were in a position that they needed to form a military to secure their borders, Backman said. And they succeeded.
For some, celebrating Hanukkah depends on the people they’re around, Florence Miller, a sophomore English and Women, Gender and Sexuality Studies who is Hamsa’s president, said.
Miller is agnostic and does not find themself to be a religious person, but the thing that has kept their Jewish faith is the people about whom they care are Jewish and the sense of community that comes from being Jewish.
“I just wanted to do a Hanukkah event,” Miller said. “It’s been a good refresher with how the semester has been.”
Miller last year attended a Hanukkah party and played a game of dreidel, a spinning top with four sides marked with a Hebrew letter. The people who were in attendance wanted to bet something, but the only thing they could find were pinto beans.
“When I took them out of my pocket one got stuck in there,” Miller said. “I still have that bean.”
For some Jewish students it’s important to go to Hanukkah events like Hamsa’s celebration to be around like-minded Jewish people, Yarden Shestopal, a sophomore American Studies major, said.
“Which is why I like Hamsa,” Shestopal said. “Since we’re all queer people or allies we kind of share that mentality of acceptance.”
Being part of the Jewish community at the University of Maryland has opened Shestopal up to how diverse the LGBTQ and Jewish communities are. Shestopal this year, however, debated whether or not to put his menorah up on the windowsill of his apartment because of the rise in anti-Semitism due to the war in Israel.
“I’m pretty sure I am going to put the menorah in my window,” Shestopal said. “The only way to combat anti-Semitism is to stay visible.”
Several University of Maryland students lived in Israel before or during their time at the university.
Elisheva Greene, a junior animal science major, went to seminary, a school for women to learn about Torah, during the pandemic. Greene said celebrating Hanukkah while a war is happening is going to be a similar feeling.
“I’m able to do what I can from over here by supporting my family and friends,” Greene said. “The biggest thing I can be doing is living my life as a Jewish person and showing that I express my Judaism and I’m not afraid.”
Greene recalled they could not go more than 1,000 feet from home for two months and Hanukkah took place during that time. While it was difficult, Greene said people still put their menorahs on their windowsill.
“Knowing the resilience the Israelis have and the fact people like to show their Jewishness (is not) gonna stop me,” Greene said. “Like there’s a war going on but you’re gonna be a Jew and you’re gonna flaunt that.”
District of Columbia
Hearing postponed for gay D.C. gym owner charged with distributing child porn
Prosecutors call for Everts to be held in jail until trial

A detention hearing scheduled for Monday, Dec. 4, in which a judge would decide whether gay D.C. gym owner Michael Everts should remain in jail or be released while he awaits a trial on a charge of distribution of child pornography was postponed with no immediate date set to reschedule it.
However, records with the U.S. District Court for the District of Columbia, before which the case is being held, show that Everts’s defense attorney later in the day on Dec. 4 filed a motion in which Everts waived his right to a detention hearing and requested that a preliminary hearing be scheduled on Jan. 10, 2024.
In his motion, defense attorney David Benowitz says the lead prosecutor with the Office of the U.S. Attorney for D.C. does not oppose this request. As of Tuesday morning, the magistrate judge presiding over the case had not ruled on Benowitz’s motion.
But an entry in the court record on Wednesday, Dec. 5, states that Magistrate Judge G. Michael Harvey approved the motion and agreed to set the date for the preliminary hearing on Jan. 10 at 4 p.m. The court record shows that Magistrate Judge Robin M. Meriweather will preside over the preliminary hearing, in which prosecutors must present evidence, sometimes through testimony by witnesses, that probable cause or sufficient evidence exists to proceed to a trial. Meriweather will issue a ruling on whether probable cause exists.
Everts has been held without bond since the time of his arrest on Nov. 29 on a single charge of distribution of child pornography following a joint D.C. police-FBI investigation that led to his arrest.
He has owned and operated the FIT Personal Training gym located at 1633 Q St., N.W., near Dupont Circle since its opening in 2002.
Court records show that Benowitz filed a motion on Dec. 3 seeking a one-day postponement of the detention hearing to give him time to review the evidence presented by prosecutors with the U.S. Attorney’s office. But Benowitz’s second motion waiving Everts’s right to a detention hearing and calling for a preliminary hearing on Jan. 10 appears to have voided his first motion and will result in Everts being held in jail until at least the time of the preliminary hearing in January.
“Mr. Everts has been advised of his rights under the Speedy Trial Act (“STA”) and agrees to toll the time under the STA until the next hearing in this matter,” Benowitz’s second motion states.
Magistrate Judge G. Michael Harvey apparently agreed to the postponement, but as of Tuesday morning, court records showed a date for the preliminary hearing had not yet been posted on the court docket.
On Dec. 1, Assistant U.S. Attorney Jocelyn Bond, the lead prosecutor in the case, filed a 20-page Memorandum In Support of Pretrial Detention that describes the government’s evidence against Everts and argues strongly in favor of having Everts held in custody at least until the time of his trial.
“Distribution of Child Pornography is a crime of violence and there is no condition or combination of conditions that will reasonably assure the safety of children in the community – both in the physical world and online – if Mr. Everts is released,” the memorandum states.
The memorandum notes that Everts’s arrest came about after an employee at the gay and bi hookup site Sniffies alerted the FBI that a Sniffies user was exchanging messages with other users expressing an interest in images of underage boys for sexual gratification. A joint FBI and D.C. police investigation traced the messages to Everts, according to an arrest affidavit and the U.S. Attorney’s memo.
The affidavit and memo point out that an undercover D.C. police detective working with the FBI and posing as someone interested in underage boys contacted Everts through the Sniffies site and a social media messaging address of @ethaneffex. The undercover detective, who is identified in charging documents as the “online covert employee” or “OCE,” engaged in messaging with Everts that prompted Everts to send the OCE video and photo images of child pornography, the arrest affidavit and memo state.
The memo seeking pretrial detention for Everts says Everts went beyond just expressing interest in viewing or sending the OCE child porn videos or photos but also described his interest in interacting with and possibly having sex with underage boys he knew.
“On multiple occasions he discussed his sexual interest in actual children that he encountered in his life, particularly emphasizing his desire to sexually abuse Minor 1 and noting that he had surreptitiously recorded Minor 1 at the playground in the past,” the memorandum says.
“Not only did he send photos of these children to someone whom he had reason to believe also had a sexual interest in children,” the memo states, “but he sent multiple voice messages to the OCE reiterating his sexual interest in Minor 1 – as well as in Minor 2 and other unknown minors — and describing the specific sexual acts he wanted to engage in with these minors.”
The memo adds, “Only amplifying his danger to children, Everts then bragged about having previously engaged in sex with a minor and his willingness to sexually abuse a child as young as 10 years old.”
Benowitz, Everts’s attorney, didn’t immediately respond to a request by the Washington Blade for comment on the case and whether he or his client dispute any of the allegations against Everts brought by prosecutors.
District of Columbia
‘Behind-the-scenes’ activist Paul Kuntzler marks 62 years in D.C.
Inspired by Kennedy, Michigan native played key role in early LGBTQ movement

In reflecting on his many years of involvement in U.S. politics and the LGBTQ rights movement, Paul Kuntzler points out that Dec. 28 of this year will mark his 62nd year as a resident of Washington, D.C. And he also points out that two days before that, on Dec. 26, he will celebrate his 82nd birthday.
Those who have known Paul Kuntzler over the years say that while his is not a household name in politics and the LGBTQ rights movement, he has played a critical role as an everyday hero and behind-the-scenes organizer for the Democratic Party and the local and national LGBTQ rights movement.
Among other things, Kuntzler served as campaign manager for D.C. gay rights pioneer Frank Kameny’s 1971 role as the first openly gay candidate for the U.S. Congress when Kameny ran for the newly created position of non-voting Delegate to the U.S. House of Representatives for D.C.
In his role as campaign manager, Kuntzler is also credited with arranging for more than a dozen volunteers from the then-Gay Activists Alliance and Gay Youth group of New York City to come to D.C. on a bus that the Kameny campaign paid for to help gather the needed 5,000 signatures to get Kameny’s name on the ballot.
“I knew how difficult that was going to be,” Kuntzler said. “And I recognized we were not going to do this all on our own,” adding that the gay volunteers from New York, who joined forces with local D.C. volunteers, obtained a total of 7,800 signatures of registered D.C. voters to get Kameny’s name on the ballot.
Although Kameny finished in fourth place in a six-candidate race, his run as the first openly gay candidate for the U.S. Congress drew national publicity, including support from actor Paul Newman and his wife Joanne Woodward, who made a $500 contribution to the Kameny campaign while they were performing at the time at D.C.’s National Theater.
Observers of the LGBTQ rights movement at that time considered Kameny’s candidacy an important development in the effort to advance LGBTQ rights both in D.C. and nationwide.
“Looking back, that probably was one of the most significant things I did in my life,” Kuntzler said in recalling his role as Kameny’s campaign manager.
He says his involvement in politics began in the summer of 1960 in his hometown of Grosse Pointe Woods, Mich., a Detroit suburb, when he co-founded the Grosse Pointe Young Democrats and served as a volunteer on the presidential campaign of John F. Kennedy.
“I met JFK at the Detroit airport and shook his hand,” Kuntzler recalls while he joined a crowd of supporters welcoming Kennedy on his arrival for a campaign tour in Michigan. “It was Labor Day weekend – Sunday, Sept. 4, 1960,” Kuntzler said in demonstrating an amazing recall of dates and events.
Kuntzler, who traveled to D.C. to attend the Kennedy inauguration on Jan. 20, 1961, said the idealism of the Kennedy administration prompted him to move to D.C. one year later to become involved in politics and the fledgling gay rights movement.
“I met Frank Kameny at Lafayette Chicken Hut on Sunday, Feb. 25, 1962,” Kuntzler says in referring to the then-popular D.C. gay bar. “And he was then president of the Mattachine Society of Washington,” Kuntzler noted, which was the first significant gay rights group in D.C. that Kameny co-founded.
“He invited me to attend the next Mattachine Society meeting,” Kuntzler recalls. “So, on Tuesday, March 6, 1962, at Earl Aiken’s apartment on Harvard Street, I became the 17th member of the D.C. Mattachine Society.,” Kuntzler continued. “And at the age of 20, I was the only minor involved in the gay rights movement consisting of about 150 people in five American cities,” he said. “I’m the only one still living of the original 17.”
His membership in the Mattachine Society of D.C. was the start of Kuntzler’s 50-plus years of involvement in the local and national LGBTQ rights movement. He recalls that he helped make history when he joined Kameny and other members of the Mattachine Society in April of 1965 for the nation’s first gay rights protest in front of the White House.
Kuntzler said he brought with him a large poster-size sign he made reading, “15 Million Homosexuals Protest Federal Treatment.” He said Mattachine Society of D.C. co-founder Jack Nichols asked permission to carry that sign on the picket line in front of the White House. Kuntzler gave him permission to do so.
To this day, Kuntzler says, he has a large United Press International photo of Nichols carrying the sign with Kameny, lesbian activist Lilli Vincenz, and Kuntzler standing beside him with the White House as a backdrop.
In the following three decades or more, Kuntzler served as an organizer and founder of several LGBTQ organizations and projects while pursuing a work career as a manager for several organizations. He served from 1973 to 2007 as assistant executive director for advertising, exhibits and workshop sales for the D.C.-based National Science Teachers Association.
His many behind-the-scenes involvements included serving in 1975 as the first treasurer for the Gay Rights National Lobby, one of the first national LGBTQ rights organizations based in D.C. that later evolved into the Human Rights Campaign in 1980, for which he also served for a short time as treasurer. In 1979, Kuntzler became a co-founder of the Gertrude Stein Democratic Club, D.C.’s first LGBTQ Democratic organization.
Also in 1979, Kuntzler helped found the National Convention Project, an effort to elect openly gay delegates and secure a “gay rights” plank in the platform at the 1980 Democratic National Convention. The effort resulted in the election of about 100 openly LGBT delegates to the 1980 convention from states across the country, including D.C. and the adoption of an LGBT supportive plank in the Democratic Party’s platform at that time.
Kuntzler said he and the others working on the project, which he called a success, were deeply disappointed when then-Democratic President Jimmy Carter lost the November 1980 presidential election to Republican Ronald Reagan. But he said he was inspired to continue his work on behalf of the Democratic Party and LGBTQ rights issues over the next several decades.
The person most important in his life, Kuntzler said, was his domestic partner Stephen Brent Miller of 42 years who died in July 2004.
“Stephen and I met on Friday, March 30, 1962, at Lafayette Chicken Hut,” Kuntzler said. “I was sitting on the side and Stephen was sitting in the middle, and I think he sent me a beer and then came over and sat down and we talked,” Kuntzler recalls. “We had our first date on the second Sunday in April of 1962.”
The two went to brunch before going to see a movie and then took a bus to get to Frank Kameny’s house. It was a housewarming party of the house that Kameny had just secured a lease to rent for his residence and his gay rights endeavors. Miller, a professional stenographer who later started his own court reporting business, Miller Reporting, quickly took on the role of being the loving spouse to a committed activist, people who knew the couple have said.
Kuntzler said his attendance at the Human Right Campaign’s annual Washington dinner last month, which is one of the nation’s largest LGBTQ events, in which President Joe Biden and first lady Jill Biden spoke, was a further sign of progress for the LGBTQ rights movement as he sees it.
Asked if he has any advice for the LGBTQ community at this time, Kuntzler said, “I think we need to continue to be vigilant … We need to continue to be vigilant.”
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