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Bowser says city looking into lawsuit filed by gay employee at D.C. jail

Staffer alleges anti-gay threats, discrimination by supervisors

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‘We’re looking forward to a time when we can roll back some of those COVID protocols in the jail,’ said Mayor Muriel Bowser. (Washington Blade file photo by Michael Key)

When asked by the Washington Blade on Monday for her reaction to a lawsuit filed last week by a gay employee of more than 20 years at the D.C. Jail that accuses his supervisors and fellow employees of subjecting him to anti-gay slurs, discrimination, and threats, D.C. Mayor Muriel Bowser said she could not comment on the specifics of a pending lawsuit.

“Certainly,” the mayor said when asked if her office was looking into the issues raised by the lawsuit. “And especially when there is a lawsuit, you know there is not a lot I can say about it,” she said. “But we look at all allegations to make sure that we’re addressing anything acutely but also dealing with the lawsuit itself,” the mayor said.

The lawsuit, filed by the ACLU of D.C. on behalf of Sgt. Deon Jones, a Department of Corrections employee who has worked for many years as a medical liaison at the D.C. Jail, alleges that Jones has endured years of verbal harassment, demeaning anti-gay slurs, and intimidation and threats by fellow officers and supervisors for being an out gay man.

The lawsuit also charges that Jones’ fellow employees failed to come to his assistance during at least one incident in which an inmate threatened to sexually assault Jones and “cut his throat.”

Filed in D.C. Superior Court on Nov. 17, the lawsuit names four of Jones’s supervisors and one co-worker along with the D.C. government as defendants in the case.

The Blade asked the mayor about the lawsuit at a Nov. 22 press conference on holiday safety tips for D.C. residents and stepped-up efforts by D.C. police to confiscate illegal firearms.

“But let me just say this,” Bowser said in response to the Blade’s question about Jones’s lawsuit. “Let me kind of take a step back about the jail and our approach to making sure that the jail is working for our residents who have to be there,” she said. “COVID, as I have said, has upended a lot, and the operation of the jail is no different. Our focus has been on the safety of our residents, and we have been able to keep outbreaks of COVID to a minimum at the D.C. Jail,” she said.

“But it’s also created a lot of strain,” the mayor continued. “And strain being in a locked facility restricted in a lot of ways from activity that had been normal in the jail,” she said. “Being able to have their lawyer visit, lawyers coming in and out or being able to walk around, go outside, take advantage of all the programs that we offer,” Bowser said. “That is significantly restricted to keep down incidents of COVID. So that presents a lot of strain.”

The mayor did not say whether she was suggesting that some of the concerns raised by Jones in his lawsuit may be related to stress and strain brought about by COVID-related restrictions placed on the jail.

“It’s also a lot of strain on our guards, who’ve also been impacted by COVID,” Bowser said. “And how we are able to make sure we have enough people on duty, that they have enough rest, they’re not working too many hours,” she said. “So, we’re looking forward to a time when we can roll back some of those COVID protocols in the jail and to keep the incidents of COVID down. And I know that will improve the operations.”

A spokesperson for the Department of Corrections, which oversees the operation of the jail, did not respond to a request from the Blade for comment on the lawsuit.

Under court rules, the city has 21 days to file court papers responding to the allegations made in the lawsuit, including the charge that the Department of Corrections employees and supervisors named in the lawsuit violated the D.C. Human Rights Act in their alleged discriminatory behavior toward Jones.

“I have been tormented and abused so badly, my life has changed,” Jones said in a statement released by the ACLU. “The discrimination and hostile work environment I faced has been devastating. I have suffered depression, PTSD [Post Traumatic Stress Disorder] and anxiety attacks,” he said. “In spite of it all, I continue to do my job and lift my head up.”

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FreeState Justice outlines 2022 legislative priorities

Bills introduced to repeal ‘unnatural or perverted sexual practice’ law

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conversion therapy, gay news, Washington Blade

FreeState Justice has outlined its legislative priorities for the Maryland General Assembly’s 2022 legislative session that began on Jan. 12.

State Sen. Clarence Lam (D-Baltimore and Harford Counties) has introduced Senate Bill 22, which would repeal a provision of Maryland law that bans “unnatural or perverted sexual practice.” State Dels. David Moon (D-Montgomery County), Lorig Charkoudian (D-Montgomery County) and Julie Palakovich Carr (D-Montgomery County) have introduced an identical bill in the House of Delegates.

A bill that repealed Maryland’s sodomy law took effect in 2020 without Republican Gov. Larry Hogan’s signature, but the “unnatural or perverted sexual practice” provision that criminalizes oral sex and bestiality remains in place.

FreeState Justice Policy Director C.P. Hoffman on Jan. 12 noted during a virtual briefing that prosecutors rarely bring charges under the law. Hoffman nevertheless pointed out four men who were arrested at a video store in Harford County in May 2021 were indicted under it.

“Its really just offensive that this is being used against queer people in 2021,” said Hoffman. “So we want to see it repealed.”

Hoffman and their FreeState Justice colleagues also noted the ability for transgender Marylanders to more easily obtain official documents that correspond with their gender identity is another legislative priority.

Maryland since 2019 has allowed trans and non-binary people to receive a driver’s license with an “X” gender marker.

Hoffman said FreeState Justice will support bills that would allow Marylanders to change their name on their marriage certificate without a court order or getting divorced and remarry. FreeState Justice will also back a measure that would allow trans parents to amend their child’s birth certificate to accurately reflect their gender identity.

“We’re trying to clean that up to make one consistent policy that allows for trans folks to do this,” said Hoffman.

FreeState Justice Executive Director Jeremy LaMaster during the briefing noted another legislative priority is the Inclusive Schools Act, which would require Maryland public schools to implement a uniform non-discrimination policy through the state’s Department of Education. FreeState Justice Policy Coordinator Jamie Grace Alexander highlighted the organization will also urge lawmakers to expand access to PrEP and PEP in Maryland and to support legislation that would, among other things, prohibit housing incarcerated trans women with men.

“The conditions for transgender people — especially transgender women — while they’re incarcerated are extremely grim and dark,” said Alexander.

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Mother says teen boy charged with assault in girl’s bathroom at Va. school is straight

Earlier reports that Loudoun County student was gender fluid triggered backlash

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Two sexual assaults by the same teen in Loudoun County schools attracted widespread media attention. (Blade file photo by Michael Key)

In a little-noticed interview last November with the British online newspaper, DailyMail.com, the mother of a 15-year-old boy charged with sexually assaulting a girl last May in the girl’s bathroom at a Loudoun County, Va., high school that the two students attended said her son identifies as heterosexual.

The May 28, 2021, sexual assault first surfaced in the news media in October at the same time law enforcement authorities disclosed that the boy allegedly sexually assaulted a girl on Oct. 6 in a vacant classroom at another high school to which he was transferred.

The disclosure of the two assaults triggered a furious backlash by some parents and conservative political activists against a Virginia school policy allowing transgender and gender fluid students to use the bathroom that conforms to their gender identity.

“First of all, he is not transgender,” the boy’s mother told DailyMail.com in a Nov. 2 interview. “And I think this is all doing an extreme disservice to those students who actually identify as transgender,” the newspaper quoted her as saying.

The mother, who agreed to the interview on grounds that she was not identified to protect the identity of her son, said her son identifies as heterosexual and absolutely does not identify as female.

LGBTQ activists have said the backlash against both the Virginia state and Loudoun County transgender non-discrimination policies — which spread to school districts across the country that have similar policies — was fueled by what they have said all along was unsubstantiated claims that the boy was transgender or gender fluid.

Conservative activists who strongly oppose the school systems’ trans supportive bathroom policies have said it was those policies that enabled the 15-year-old boy, who police say was wearing a skirt at the time of the May 28 sexual assault incident, to enter the girl’s bathroom to target the girl.

Since that time, testimony in a Loudoun County Juvenile Court where the boy was being prosecuted revealed that the 14-year-old girl who brought the charges against him said she and the boy had two consenting sexual encounters in a girl’s bathroom at Stone Bridge High School in Ashburn, Va., prior to the incident in which the boy allegedly assaulted her. 

According to the Washington Post, whose reporter attended one of the juvenile court hearings, the girl testified that she agreed to meet the boy in the girl’s bathroom after he requested a third sexual encounter there, but she told him she did not want to have sex at that time.

“The girl previously testified in court that the defendant threw her to the ground in the bathroom and forced her to perform two sexual acts on him after she told him that she was not interested in sex on that occasion,” the Post reported in a story last week about the final outcome of the case.

At a Jan. 12 sentencing hearing, Loudoun County Juvenile Court Chief Judge Pamela Brooks placed the boy on the Virginia sex offender registry for life, the Post reported. After ruling in an earlier hearing in November that the evidence confirmed that the boy was responsible for sexually assaulting the two girls, Brooks sentenced the boy to a residential treatment facility rather than a juvenile detention facility and required that he remain on probation until he turns 18, the Post reported.

“He’s a 15-year-old boy that wanted to have sex in the bathroom, with somebody that was willing,” the boy’s mother told DailyMaiI.com. “And they’re twisting this just enough to make it a political hot button issue,” she said.

In her interview with the newspaper, the mother said her son wasn’t gender fluid despite the reports, which she confirms, that he wore a skirt at the time of the first of the two sexual assaults.

“He would wear a skirt one day and then the next day, he would wear jeans and a T-shirt, a Polo or hoodie,” she told the newspaper. “He was trying to find himself and that involved all kinds of styles. I believe he was doing it because it gave him attention he desperately needed and sought,” she said.

The mother acknowledged in the interview that her son was deeply troubled, saying he had a long history of misbehavior, including sending nude photos of himself to a girl when he was in the fifth grade.

On Jan. 12, the same day as the boy’s sentencing hearing, Virginia House of Delegates member John Avoli (R-Stanton) introduced a bill calling for restricting the ability of transgender students from using bathrooms and other facilities in public schools that are consistent with their gender identity.

A separate bill introduced last month by Virginia State Sen. Travis Hackworth (R-Tazewell County) calls for eliminating the requirement that Virginia school districts adopt the state Department of Education’s nondiscrimination policies for trans and non-binary students.

Although Virginia’s newly inaugurated Republican Gov. Glenn Youngkin and the GOP-controlled House of Delegates could move to advance the two bills, LGBTQ activists note that the state Senate remains in Democratic control and would block the two bills from being approved by the General Assembly.

Cris Candice Tuck, president of the LGBTQ group Equality Loudoun, told the Blade she expects opponents of LGBTQ nondiscrimination policies in the Loudoun County Public Schools and other school systems in Virginia to continue to use the sexual assault case of the Loudoun boy as a pretext to repeal LGBTQ and trans supportive policies. 

“We firmly believe it should have absolutely no bearing as the perpetrator was not transgender, non-binary, or gender fluid, and so that doesn’t apply to this policy at all,” Tuck said. “A single conviction of an individual who is not even part of the group in question is no reason to invalidate the rights and expose to potential violence the hundreds of students who identify as transgender or non-binary,” Tuck said in an email message.

“Currently, the Catholic Church, the Boy Scouts of America, and hundreds of cisgender teachers, clergy, and coaches are embroiled in legal battles nationwide involving sexual molestation, rape, and abuse of children across the country that has been ongoing for decades,” Tuck said. “Yet no one is proposing restroom restrictions for any of those groups. A double standard cannot exist for the LGBTQ+ based on fear mongering, misinformation, and discrimination.”

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Anti-LGBTQ group claims Va. marriage amendment repeal will legalize polygamy

State Sen. Adam Ebbin rejected claim during committee hearing

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census, gay news, Washington Blade
(Bigstock photo)

A representative of an anti-LGBTQ group on Tuesday said the repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman would pave the way for the legalization of polygamy in the state.

“There are some, at least, very legitimate concerns about whether this would actually legalize polygamy, among other forms of marriage,” said Family Foundation of Virginia Legal Counsel Josh Hetzler.

Hetzler made the comment during a Virginia Senate Privileges and Elections Committee hearing on state Sen. Adam Ebbin (D-Alexandria)’s resolution to repeal the Marshall-Newman Amendment. Ebbin, who is the only openly gay member of the Virginia Senate, in response to the claim noted polygamy is a crime under Virginia and federal law.

“I take offense to the Family Foundation’s characterization that this would allow polygamy,” said Ebbin. “This has nothing to do with polygamy, what this has to do with is equality.”

Carol Schall, who, along with her wife, Mary Townley, joined a federal lawsuit that paved the way for marriage equality in Virginia, and outgoing Equality Virginia Executive Director Vee Lamneck are among those who testified in support of the resolution. The committee approved it by a 10-5 vote margin.

Virginia voters approved the Marshall-Newman Amendment in 2006.

Same-sex couples have been able to legally marry in Virginia since 2014.

The General Assembly last year approved a resolution that seeks to repeal the Marshall-Newman Amendment. It must pass in two successive legislatures before it can go to the ballot.

Ebbin earlier this month told the Washington Blade he remains “hopeful” the resolution will pass in the Democratic-controlled state Senate. Prospects that the resolution will pass in the Republican-controlled state House of Delegates are far less certain.

Republican Gov. Glenn Youngkin before his election reiterated his opposition to marriage equality. Youngkin, however, stressed it is “legally acceptable” in Virginia and he would “support that” as governor.

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