District of Columbia
HIV-positive D.C. attorney commissioned as officer with U.S. Army National Guard
Longtime National Guard member successfully challenged military HIV policy
Gay D.C. attorney Nicholas Harrison, a longtime member of the U.S. Army National Guard, was officially commissioned as a First Lieutenant in the D.C. Army National Guard at an Aug. 5 ceremony.
The ceremony at the D.C. National Guard Armory located next to RFK Stadium took place a little over a year after Harrison, who was diagnosed with HIV in 2012, successfully challenged the military’s longstanding policy of banning soldiers with HIV from becoming commissioned officers in a lawsuit initially filed in 2018.
In what LGBTQ and AIDS activists consider a landmark ruling, the U.S. District Court for the Eastern District of Virginia handed down a decision in April 2022 declaring the military’s HIV restrictions unconstitutional. The decision ordered the U.S. Department of Defense to discontinue its policy of refusing to deploy and commission as officers members of the military with HIV if they are asymptomatic and otherwise physically capable of serving.
Two months after that ruling, the Biden administration announced it would not contest the court ruling in an appeal, and a short time later U.S. Secretary of Defense Lloyd Austin issued a memorandum announcing changes in the military policy that would allow members of the military with HIV to be deployed and become officers in accordance with the court ruling.
The memorandum states that individuals “who have been identified as HIV positive, are asymptomatic, and who have clinically confirmed undetectable viral load will have no restrictions applied to their deployability or to their ability to commission while a service member solely on the basis of their HIV-positive status.”
Kevin Jennings, CEO of Lambda Legal, the LGBTQ litigation organization that represented Harrison in his lawsuit and who attended Harrison’s commissioning ceremony, called the court ruling and the Biden administration’s decision not to appeal the ruling an important advancement in efforts to remove barriers to people with HIV who wish to serve in the military.
“Today is a historic day in Washington, D.C., as we witness the commissioning of Nick Harrison,” Jennings and Lambda Legal Senior Attorney Kara Ingelhart said in a statement. “Although the journey to wearing his officer’s bars took several years, Nick’s perseverance, along with his legal team and other involved service members, helped to realize his dream of becoming an officer in the District of Columbia Army National Guard,” Jennings and Ingelhart said.
Among the more than 50 people who attended Harrison’s commissioning ceremony were family members, friends, LGBTQ rights advocates, and fellow service members.
Serving as master of ceremonies at the event was Dr. Joshua Fontanez, chair of the board for the Modern Military Association of America, the nation’s largest organization representing LGBTQ military service members, their spouses, family members, and veterans. The association joined Lambda Legal in supporting Harrison’s lawsuit to overturn the military’s HIV policy.
Donald Cravins Jr., the U.S. Under Secretary of Commerce for Minority Business Development, administered the oath of office commissioning Harrison to the rank of First Lieutenant.
And Jennings of Lambda Legal and Baraq Stein, Harrison’s partner, performed the ceremonial “Pinning of Rank” by attaching the lieutenant’s rank insignia on each side of the shoulder of the Army uniform that Harrison was wearing at the ceremony.
“This commissioning ceremony, steeped in long-standing military tradition, is intentionally focused on honoring the network of support and inspiration that brought me to this juncture,” Harrison said in remarks following his official commissioning.
“My own path has been far from conventional, leading me into the heart of a storm that allowed me to become part of a larger narrative – challenging the military’s discriminatory HIV policies through a landmark court case brought by Lambda Legal and the Modern Military Association of America,” he said.
A native of Oklahoma, Harrison joined the U.S. Army in September 2000 at the age of 23, at the time he was about to enter his third year as a student at the University of Central Oklahoma. He said he served for three years as an airborne paratrooper with a Parachute Infantry Regiment in Anchorage, Alaska.
After completing his initial enlistment in the Army, he resumed his university studies while joining the Oklahoma National Guard. He graduated in May 2005 with a bachelor’s degree and “proceeded to Oklahoma City University’s law school,” he told the Blade in a statement.
In March 2006, while enrolled in law school, he was deployed to Afghanistan with the Oklahoma National Guard’s 45th Infantry Division, he recounted in his statement. Upon his return, he said he had to restart his law school studies at the University of Oklahoma in August 2007.
After receiving a law degree and Master of Business Administration degree he was deployed once again, this time to Kuwait and Iraq. “On my return, I passed the bar and began job hunting, which led me to Washington, D.C. in July 2013,” he says in his statement.
In October of 2013, he transferred his National Guard membership from Oklahoma to D.C. by joining the D.C. National Guard, where he was assigned to a military police company with the rank of sergeant, he said. During that same year, he was selected for a Judge Advocate General position, which involves duties similar to a civilian judge.
Having been diagnosed with HIV the previous year, he requested a waiver from the military’s HIV policy that would have allowed him to take on his new JAG position. But his request was turned down, prompting him to initiate a campaign to challenge what he and many others believed to be an outdated policy denying fully capable people with HIV from serving in positions as military officers.
A short time later, through support from Lambda Legal and an organization that later became the Modern Military Association of America, he filed his lawsuit challenging the military’s HIV policy that has led to what his supporters are calling the landmark event on Aug. 5 during which he became a commissioned officer.
Harrison, however, said the Army has interpreted the changed HIV rules in a way that has forced him to take his case once again to court to challenge a decision by Army officials to have him reapply to join the National Guard under the new policy rather than commission him as an officer retroactively based on his 23 years of military service.
Having to reapply, Harrison told the Washington Blade, would require him to serve in the National Guard for another eight years, even though he became eligible to retire in 2020. He has contested the decision to require him to reapply before the same court that overturned the military’s discriminatory HIV policy and before the Army Board for the Correction of Military Records, which he says has the authority to “rectify” the Army’s position on reenlistment.
Jennings of Lambda Legal said at Harrison’s commissioning ceremony that Harrison’s ongoing dispute with military officials indicates that some details related to Harrison’s case must still be worked out.
“But today we really should just celebrate Nick’s perseverance,” Jennings told the Blade. “His determination, and the fact that he has made history has paved the way for thousands of people.”
In his remarks following his commissioning, Harrison said among the lessons he has learned in his many years in the military is the need to be respectful of the military as an institution and to engage in “respectful disagreement” when at odds with others.
“When I chose to don the uniform, to become part of an institution that has had its share of failures, it was not a decision made lightly,” he said. “I embarked on this journey because I believe in the potential for change from within, in the power of standing up from within a marginalized community to serve, protect, and defend a nation that doesn’t always reciprocate in kind,” he told the gathering.
Harrison currently serves as managing partner for the downtown D.C. law firm Harrison-Stein.
District of Columbia
Judge issues revised order in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
A D.C. Superior Court judge on April 30 reinstated an anti-stalking order requested by the Capital Pride Alliance against local gay activist Darren Pasha based on allegations that Pasha engaged in a year-long effort to harass, intimidate, and stalk the organization’s staff, board members, and volunteers.
The reinstated order by Judge Robert D. Okun followed an April 17 court hearing in which he rescinded a similar order he initially approved in February on grounds that more evidence was needed to substantiate the need for the order.
At the time he rescinded the earlier order he scheduled an evidentiary hearing for April 29 at which three Capital Pride staff members testified in support of the anti-stalking order. But Okun discontinued the hearing after Pasha, who was representing himself without an attorney, announced he was willing to accept a revised, less restrictive temporary restraining order.
The judge said Pasha’s decision to accept a restraining order made it no longer necessary to continue the evidentiary hearing. He then asked Capital Pride and Pasha to submit their suggested revisions for the order which they submitted a short time later.
The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a civil complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride staff, board members, and volunteers. It includes a 167-page addendum of “supporting exhibits” that includes multiple statements by unidentified witnesses.
Pasha, who has represented himself without an attorney, has argued in multiple court filings and motions that the stalking allegations are untrue. In his initial court response to the complaint, he said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.
Similar to his earlier anti-stalking order against Pasha, Okun’s reissued order on April 30 states, a “Temporary Anti-Stalking Order is GRANTED, effective immediately and remaining in effect until further order of the Court or final disposition of this matter.”
It adds, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communication, or any other means.”
Unlike the earlier order, which did not identify the “protected persons” by name, the latest order includes a list of 34 people, 13 of whom are Capital Pride staff members or volunteers, including CEO Ryan Bos and Chief Operating Officer June Crenshaw. The other 21 people listed are identified as Capital Pride board members, including board chair Anna Jinkerson.
Possibly because Pasha addressed this in his suggested version of the order, the judge’s revised order says Pasha is allowed to visit the D.C. LGBTQ+ Community Center, where the Capital Pride office is located, if he gives the community center a 24 hour advance notice that he will be visiting the center, which hosts many events unrelated to Capital Pride. The earlier order required him to stay at least 100 feet away from the Capital Pride office.
The new order also prohibits Pasha from attending 21 named events that Capital Pride Alliance either organizes itself or with partner organizations that were scheduled to take place from April 30 through June 21. The order says he is allowed to attend the two largest events, the June 20 Pride Parade and the June 21 Pride Festival and Concert, in which 500,000 or more people are expected to attend.
It says Pasha is also allowed to attend the June 15 Pride At The Pier event organized by the Washington Blade.
But for those three events the order says he is restricted from entering “ticketed and controlled access areas.”
At the April 29 court hearing, Okun also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the civil complaint case brought by Capital Pride without going to trial.
District of Columbia
Both sides propose revised orders in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.
Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.
Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.
After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.
Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.
He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.
The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.
Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.
The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”
The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.
Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.
But the proposed order Capital Pride at first submitted at the April 29 hearing also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.
At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.
Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”
At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.
In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.
Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.
Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”
“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.
“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.
“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.
“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing. “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”
He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”
This story will be updated when the judge issues his revised stay away order.
District of Columbia
U.S. Attorney’s Office fails to reinstate hate crime charge in anti-gay assault
The Office of the U.S. Attorney for D.C., which prosecutes criminal cases in the District, has decided not to reinstate a hate crime designation filed by D.C. police against a man arrested in February for allegedly assaulting a gay man while using “homophobic slurs.”
After prosecutors with the U.S. Attorney’s Office initially dropped the hate crime designation filed by police shortly after the alleged attacker was arrested on Feb. 7, a spokesperson for the office told the Washington Blade the case was still under investigation, and additional charges could be filed.
“We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them,” a statement released by the office in February said.
But D.C. Superior Court records show the case against defendant Dean Edmundson, 26, of Germantown, Md., who is now charged with Simple Assault without a hate crime designation, is scheduled to go to trial on Aug. 18.
The U.S. Attorney’s Office this week did not immediately respond to a message from the Blade asking why it chose not to reinstate the hate crime designation.
An affidavit in support of the arrest filed in court by D.C. police appears to support the charge of a hate crime designation. It says the incident occurred around 7:45 p.m. on Feb. 7 at the intersection of 14th and Q Streets, N.W., which is near two D.C. gay bars.
“The victim stated that they refused to High-Five Defendant Edmundson, which, upon that happening, Defendant Edmundson started walking behind both the victim and witness, calling the victim bald, ugly, and gay,” the arrest affidavit states.
“The victim stated that upon being called that, Defendant Edmundson pushed the victim with both hands, shoving them, causing the victim to feel the force of the push,” the affidavit says, adding, “The victim stated that they felt offended and that they were also gay.”
Under D.C.’s Bias Related Crimes Act of 1989, penalties for crimes motivated by prejudice and hate against individuals based on race, religion, sexual orientation, gender identity disability, and homelessness can be enhanced by a judge upon conviction by one and a half times greater than the penalty of the underlying crime.
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