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.”
District of Columbia
Capital Stonewall Democrats elect new leaders
LGBTQ political group set to celebrate 50th anniversary
Longtime Democratic Party activists Stevie McCarty and Brad Howard won election last week as president and vice president for administration for the Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization.
In a Feb. 24 announcement, the group said McCarty and Howard, both of whom are elected DC Advisory Neighborhood Commissioners, ran in a special Capital Stonewall Democrats election to fill the two leadership positions that became vacant when the officers they replaced resigned.
Outgoing President Howard Garrett, who McCarty has replaced, told the Washington Blade he resigned after taking on a new position as chair of the city’s Ward 1 Democratic Committee. The Capital Stonewall Democrats announcement didn’t say who Howard replaced as vice president for administration.
The group’s website shows its other officers include Elizabeth Mitchell as Vice President for Legislative and Political Affairs, and Monica Nemeth as Treasurer. The officer position of secretary is vacant, the website shows.
“As we look toward 2026, the stakes for D.C. and for LGBTQ+ communities have never been clearer,” the group’s statement announcing McCarty and Howard’s election says. “Our 50th anniversary celebration on March 20 and the launch of our D.C. LGBTQ+ Voter’s Guide mark the beginning of a major year for endorsements, organizing, and coalition building,” the statement says.
McCarty said among the organization’s major endeavors will be holding virtual endorsement forums where candidates running for D.C. mayor and the Council will appear and seek the group’s endorsement.
Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to Capital Stonewall Democrats. McCarty said the 50th anniversary celebration on March 20, in which D.C. Mayor Muriel Bowser and members of the D.C. Council are expected to attend, will be held at the PEPCO Gallery meeting center at 702 8th St., N.W.
Virginia
Va. activists preparing campaign in support of repealing marriage amendment
Referendum about ‘dignity and equal protection under the law’
Virginia voters in November will vote on whether to repeal their state’s constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Feb. 6 signed House Bill 612 into law. It facilitates a referendum for voters to approve the repeal of the 2006 Marshall-Newman Amendment. Although the U.S. Supreme Court’s Obergefell ruling extended marriage rights to same-sex couples across the country in 2014, codifying marriage equality in Virginia’s constitution would protect it in the state in case the decision is overturned.
Maryland voters in 2012 approved Question 6, which upheld the state’s marriage equality law, by a 52-48 percent margin. Same-sex marriage became legal in Maryland on Jan. 1, 2013.
LGBTQ advocacy groups and organizations that oppose marriage equality mounted political campaigns ahead of the referendum.
Equality Virginia has been involved in advancing LGBTQ rights in Virginia since 1989.
Equality Virginia is working under its 501c3 designation in conjunction with Equality Virginia Advocates, which operates under a 501c4 designation, to plan campaigns in support of repealing the Marshall-Newman Amendment.
The two main campaigns on which Equality Virginia will be focused are education and voter mobilization. Reed Williams, the group’s director of digital engagement and narrative, spoke with the Washington Blade about Equality Virginia’s plans ahead of the referendum.
Williams said an organization for a “statewide public education campaign” is currently underway. Williams told the Blade its goal will be “to ensure voters understand what this amendment does and why updating Virginia’s constitution matters for families across the commonwealth.”
The organization is also working on a “robust media and voter mobilization campaign to identify and turn out voters” to repeal Marshall-Newman Amendment. Equality Virginia plans to work with the community members to guarantee voters are getting clear and accurate information regarding the meaning of this vote and its effect on the Virginia LGBTQ community.
“We believe Virginia voters are ready to bring our constitution in line with both the law and the values of fairness and freedom that define our commonwealth,” said Equality Virginia Executive Director Narissa Rahaman. “This referendum is about ensuring loving, committed couples and their families are treated with dignity and equal protection under the law.”
The Human Rights Campaign has also worked closely with Equality Virginia.
“It’s time to get rid of outdated, unconstitutional language and ensure that same sex couples are protected in Virginia,” HRC President Kelley Robinson told the Blade in a statement.
District of Columbia
D.C. police arrest man for burglary at gay bar Spark Social House
Suspect ID’d from images captured by Spark Social House security cameras
D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.
“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.
The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.
“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.
Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.
According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m.
Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.
When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.
A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.
D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained.
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