Local
Council gives final approval to marriage bill

Same-sex marriage supporters rallied on Monday night in advance of the Council’s historic vote. (DC Agenda photo by Michael Key)
In an action hailed as historic and groundbreaking, the D.C. City Council voted 11-2 this week to give final approval of a bill allowing same-sex marriages to be performed in the nation’s capital.
Tuesday’s vote triggered a burst of applause from dozens of LGBT activists and same-sex couples who packed the Council chambers to watch the debate and final roll-call vote on the Religious Freedom & Civil Marriage Equality Amendment Act of 2009.
“Today is the final step in a long march toward equality in the District of Columbia,” said Council member Phil Mendelson (D-At Large), who chairs the committee that shepherded the bill through the Council.
Alisha Mills, president of the local same-sex marriage advocacy group Campaign for All Families, called the Council’s action “a historic day for the District of Columbia” and its lesbian and gay couples.
“Equality for all D.C. residents has prevailed,” she said. “The Council’s decision today embodies the true essence of leadership. Thanks to their bold work, all D.C. families will have the same protections, opportunities and obligations under the law.”
The bill next goes to Mayor Adrian Fenty, a long-time same-sex marriage supporter who has pledged to sign it. It then goes to Capitol Hill, where it must undergo a required 30 legislative day review by Congress.
Both Democratic and Republican leaders in the House and Senate agree that an attempt by same-sex marriage opponents to overturn the legislation through a disapproval resolution is not expected to succeed in the Democratic controlled Congress. Most Capitol Hill observers expect the legislation to clear the congressional review and become law sometime in March.
But political observers in the District and on Capitol Hill say opponents would have a better shot at killing the bill next year by seeking to attach a repeal amendment to an appropriations bill, possibly the D.C. appropriations bill, which Congress must approve each year.
The city’s same-sex marriage law also is being targeted by a bill introduced earlier this year that would ban same-same marriage in the city. The bill, known as the D.C. Defense of Marriage Act, currently has 61 co-sponsors in the House. It has yet to be introduced in the Senate. Most Capitol Hill observers say it has little or no chance of passing any time soon under a Democratic controlled Congress.
But Brian Brown, executive director of the anti-gay National Organization for Marriage, issued a statement after the Council vote vowing that gay marriage opponents will “win” in their efforts to overturn the law.
“The media would have you believe this fight is over,” Brown said in the statement. “Nothing could be further from the truth.”
Among other things, Brown predicted gay marriage opponents would prevail in a pending court case to force the District to hold a voter referendum calling for banning same-sex marriage in the city, a referendum that he said voters would pass.
If the city’s same-sex marriage bill clears its congressional review and withstands efforts to challenge it through a referendum, D.C. would join Massachusetts, Connecticut, Iowa, Vermont and New Hampshire as a U.S. jurisdiction that allows same-sex marriages to be performed within its borders.
Gay Council members David Catania (I-At Large), author of the D.C. same-sex marriage bill, and Jim Graham (D-Ward 1) noted that the Council’s action culminated 40 years of advocacy work in the city by LGBT activists and their straight allies.
“It’s very easy for someone like me to be overcome by the emotion of this action,” said Graham, who was involved in gay activism as head of D.C.’s Whitman-Walker Clinic before winning election to the Council.
Graham called passage of the same-sex marriage bill “the final prize” in the quest for full LGBT equality in the city, although he added that efforts to push for non-discrimination policies would continue.
Gay activist Bob Summersgill, who has coordinated efforts to expand the city’s domestic partnership law and to push for same-sex marriage, said he was hopeful that gay-supportive congressional allies, including Del. Eleanor Holmes Norton (D-D.C.), would beat back attempts to overturn the law through the appropriations process.
“This was the next big step that we had,” Summersgill said of the Council’s approval of the same-sex marriage bill.
“But now we’re done with the easy part of getting marriage in D.C.,” he said. “We’ve had the ability to get this through the Council for about a decade. The real challenge now is for the Congress not to act, not to hurt us in the 30 days, when no one thinks they will, and the appropriations time, where we’re less sure.”
Same-sex marriage opponents are currently waging a court fight to challenge a decision by the city’s Board of Elections & Ethics against allowing a voter referendum or initiative on the marriage bill. The board ruled that the city’s election law doesn’t allow voter initiatives or referenda if the outcome of such a ballot measure would result in discrimination barred by the city’s Human Rights Act.
The board ruled twice that a ballot measure on the marriage bill would violate the D.C. Human Rights Act’s ban on sexual orientation discrimination. Same-sex marriage opponents have challenged that ruling in D.C. Superior Court and have vowed to take their legal action to the U.S. Supreme Court if they lose in the lower courts.
Meanwhile, Bishop Harry Jackson, pastor of Hope Christian Church in Beltsville, Md., and a leader in the fight to oppose same-sex marriage in the District, told the D.C. Agenda that he and his supporters would file papers next week for yet another referendum to overturn the marriage bill approved Tuesday.
As such, the D.C. Board of Elections & Ethics would once again be asked to rule on whether such a referendum is allowed. Most legal observers believe the board will turn down Jackson’s application for a referendum, just as it has for Jackson’s two similar requests earlier this year.
The first attempt at a referendum was aimed at a bill the Council approved in May that allows the city to recognize same-sex marriages performed in other states and countries. That measure became law in July after it cleared its congressional review.
The recognition measure allows same-sex couples in D.C. to travel to other states to marry and to return to the District with full marriage rights under D.C. law. Activists viewed the recognition law as a trial run for the full same-sex marriage bill approved Tuesday, which allows same-sex couples to marry in the city.
But same-sex couples that marry in D.C., just like their counterparts in other states that have legalized same-sex marriage, cannot obtain any of the more than 1,000 federal rights and benefits associated with marriage, such as Social Security survivor benefits. The 1996 Defense of Marriage Act, known as DOMA, bans same-sex couples from receiving federal marital benefits and rights.
Gay advocacy groups are urging Congress to repeal DOMA. Democratic lawmakers supportive of LGBT rights have said, however, that they don’t have the votes to pass a DOMA repeal measure in the immediate future.
Council member and former mayor Marion Barry (D-Ward 8) and Council member Yvette Alexander (D-Ward 7) were the only members of the 13-member Council to vote against the same-sex marriage bill Tuesday.
Both said they support LGBT rights in all other areas but could not back same-sex marriage based on their religious beliefs and strong opposition to the legislation from their constituents.
During the Council debate, Catania called on the LGBT community not to judge Barry and Alexander solely on the gay marriage vote, saying both have strong pro-LGBT records on all other issues.
“They are not the typical individuals that you would find casting votes against the GLBT community,” Catania said.
“That doesn’t mean I’m not disappointed [in their vote],” he said. “But I don’t want their entire service within the GLBT community to be judged by this one vote. I don’t think that’s fair. They are my friends, and they’re decent. This is simply a difference of opinion.”
Maryland
4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy
Substitute teacher Kimberly Polk challenged regulation in 2024
A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.
The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.
The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”
“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”
The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”
U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.
District of Columbia
Norton hailed as champion of LGBTQ rights
D.C. congressional delegate to retire after 36 years in U.S. House
LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year.
Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.
LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.
“During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.
“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”
Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity.
Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.
Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”
“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.
In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.
In 2015, Norton also played a lead role opposing attempts by GOP members of Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.
More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.
“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.
In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.
Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.
“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”
Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.
“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”
Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.
“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”
Lieutenant Gov. Ghazala Hashmi on Monday opened Equality Virginia’s annual Lobby Day in Richmond.
The Lobby Day was held at Virginia’s Capitol and was open to the public by RSVP. The annual event is one of the ways that Equality Virginia urges its supporters to get involved. It also offers informational sessions and calls to action through social media.
Hashmi, a former state senator, has been open about her support for the LGBTQ community and other marginalized groups. Her current advisor is Equality Virginia Executive Director Narissa Rahaman, and the group endorsed her for lieutenant governor.
Hashmi historically opposes anti-transgender legislation.
She opposed a 2022 bill that sought to take away opportunities from trans athletes.
One of the focuses of this year’s Lobby Day was protecting LGBTQ students. Another was protecting trans youth’s access to gender-affirming care.
Advocates spent their day in meetings and dialogues with state legislators and lawmakers about legislative priorities and concerns.
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