News
Supreme Court refuses NOM’s challenge to Maine donor laws
Anti-gay group launches website for donors to declare contributions
The U.S. Supreme Court announced Monday it won’t hear a case challenging NOM’s disclosure laws (Washington Blade file photo by Michael Key)
The U.S. Supreme Court has denied another request from an anti-gay group challenging financial disclosure laws in Maine that require the organization to reveal who donated to the 2009 marriage ballot initiative campaign.
Justices announced on Monday they wouldn’t hear the case, filed by the National Organization for Marriage, on an order listing hundreds of lawsuits they have declined to hear over the course of the 2013 term.
The court’s decision not to hear the case, known as National Organization for Marriage v. McKee, was made during the September 24 conference, the first meeting of justices for this term, but wasn’t announced until Monday. Last week, the court announced six cases it had decided to consider during the conference.
NOM had filed the lawsuit against state disclosure laws in Maine after the organization in 2009 helped the anti-gay side in a referendum over recently the signed same-sex marriage law, which state voters ultimately rejected by 53 percent.
Among other things, NOM argued the same donor disclosure laws shouldn’t be applied to both political candidates and ballot questions and asserted the $100 reporting threshold in Maine is so low it doesn’t constitutionally further the state’s information interest. But the U.S. First Circuit Court of Appeals in January affirmed a district court ruling upholding the disclosure laws, which NOM later appealed to the Supreme Court.
Fred Sainz, vice president of communications at the Human Rights Campaign, took the opportunity of the decision to knock the anti-gay group.
“NOM has shown an unwillingness to play by the rules and this is yet another legal set-back,” Sainz added. “This is proof that their penchant for secrecy has run them afoul of the law.”
NOM won’t be required to reveal its donors immediately, but the decision means Maine can continue to pursue its investigation of the organization’s activities related to the 2009 ballot measure.
Phyllis Gardiner, a Maine assistant attorney general and counsel to the state’s Commission on Governmental Ethics & Election Practices, said the state is “pleased” the First Circuit’s ruling will be upheld, but acknowledged the investigation continues.
“The Maine Commission on Governmental Ethics & Election Practices has an ongoing investigation, and there’s pending state court litigation as well that has not yet been fully resolved,” Gardiner said. “So, the constitutionality of the statute was upheld by the First Circuit, and now it’s a matter of the commission completing its work and making its determination.”
Gardiner added she doesn’t know the exact timing for when the ethics commission will finish its investigation.
But NOM wasn’t happy with the decision. John Eastman, NOM’s chair, said in a statement his organization is “disappointed” with the Supreme Court’s decision not to hear the case, but “will be reviewing” the state’s requests, which the organization says is different now than in 2009.
“In their briefs before the U.S. Supreme Court, the state appeared to have substantially narrowed the type of information they were requesting from NOM,” Eastman said. “Had the state taken the position they took recently back in 2009, this litigation might well have been avoided. We will be reviewing the requests for information that the state has made in light if the narrow interpretation the State has now provided to its own statute.”
Darrin Hurwitz, HRC’s assistant general counsel, responded to NOM’s statement by saying the organization should have complied with Maine laws like other organizations did in the first place.
“This litigation could have been avoided in 2009 if NOM had chosen to abide by the law then and disclose donors to their Maine efforts as every other organization that participated in Question 1 did,” Hurwitz said. “It’s easy to say that you’ll respond to the state’s requests after you’ve lost a 3-year court battle and have no other options.”
Gardiner also took issue with the idea that Maine changed what it wanted from NOM since 2009.
“I think that may be based on a misunderstanding,” Gardiner said. “The commission’s interpretation of Maine’s statute — what it requires — has not narrowed or changed during the course of this litigation.”
On the same day as the court announced it wouldn’t hear the lawsuit, Brian Brown, NOM’s president, announced a new website, KeeptheRepublicandMarriage.com, on which donors can publicly declare they’ve contributed money to the organization.
“Even though donors to NOM are not subject to public disclosure, a number of our donors wanted to show that they would not be bullied and were not afraid to publicly proclaim their support for NOM as a way of encouraging others to publicly stand up to support marriage,” Brown said in a statement. “These key donors were inspired by the courage of Dan Cathy, CEO of Chick Fil A, who resolutely told Americans that he unabashedly believed in God’s design for marriage as the union of one man and one woman.”
The website already has 26 people listed, but no information other than an individual’s name is given. The top name listed is Sean Fieler, who presumably is the same Sean Fieler who’s chair of the American Principles Project, a conservative group that opposes same-sex marriage and abortion rights. That group didn’t immediately respond to a request to comment.
Under the headings of the announcement that it won’t take the NOM case, the order from the court states, “The motion of respondents for leave to file a brief in opposition under seal with redacted copies for the public record is granted.”
Hurwitz said this note is procedural and pertains to the respondent brief filed by Maine’s attorney general in the case. The document has lines relating to NOM’s fundraising that are redacted and the court is granting the state’s request to keep them sealed.
It’s not the first time the Supreme Court has declined to hear one of NOM’s challenges to Maine’s financial disclosure laws. In February, the Supreme Court announced it wouldn’t hear a different challenge to Maine’s laws also called National Organization for Marriage v. McKee. But, unlike the later lawsuit, the NOM’s argument in the earlier case was political action committee requirements in state were unconstitutionally broad and vague.
The news on the NOM case comes as many anticipate a decision from the court on whether it take up pending challenges to California’s Proposition 8, known as Hollingsworth v. Perry, and one of the cases against the Defense of Marriage Act, Windsor v. United States. Both were docketed for the September 24, but the order on Monday reveals that no announcements have been made on those high-profile cases.
The Supreme Court has also yet to make a decision on whether it’ll hear the case of Diaz v. Brewer. The request was filed by Arizona Gov. Jan Brewer (R), who was appealing an injunction placed by a district court prohibiting her from enforcing a law taking away domestic partner benefits from Arizona state employees.
NOTE: This article has been updated from its initial version to include NOM’s response to the decision as well as comments from Phyllis Gardiner.
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.
The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.
ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.”
“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.
District of Columbia
Fadi Jaber’s Middle Eastern background shapes Adams Morgan bakery
The Cakeroom is on 18th Street, N.W.
Fadi Jaber is the gay owner behind the Cakeroom’s bright pink facade on 18th Street, N.W. He combines his Middle Eastern background and American flavors to bring a nostalgic spread of desserts to Adams Morgan.
Born and raised in a U.S. compound in Saudi Arabia, Jaber first unlocked an interest in classic American desserts from his classmates.
“I was jealous that their moms would bring these delicious cupcakes to school when it was their birthdays, and my mom never made stuff like that. It was just grape leaves and hummus and very good Arabic food,” Jaber said.
After years of making boxed cake mixes in Saudi Arabia, Jaber tried a carrot cake from a friend’s wife from the U.S. He soon decided to make the recipe himself. When letting his parents sample the treat, Jaber’s mother suggested adding dates instead of carrots.
Now, Jaber sells the same date cake at the Cakeroom.
Jaber solidified his appreciation for American baked goods after a friend took him to Magnolia’s Bakery in New York. The visit inspired him to enroll in the Institute of Culinary Education.
“I just fell in love with the concept, and it was very much up my alley,” Jaber said. “I was already baking from scratch and making homemade style desserts that weren’t super chichi and elegant, but more just delicious and fun and nostalgic, and a throwback to people’s childhood.”
Upon leaving culinary school, Jaber moved to Jordan, where his parents relocated. He decided to leave his corporate job and open a bakery. According to Jaber, his father initially refuted the idea until he tried the desserts Jaber perfected in culinary school.
“He was part of the Palestinian diaspora. So, you know, given all the instability in his life having been forced out of their homes in 1948, it was really a very scary thought to add more instability by going out on your own and starting your own business,” Jaber said.
Jaber then opened Sugar Daddy’s, his first bakery, in Amman, Jordan, in 2007.
According to Jaber, the bakery was the first cupcake shop in the Middle East. He soon launched additional locations in Beirut, Lebanon, and Dubai, United Arab Emirates.
After six years, Jaber decided to return to the U.S. Jaber noted that he had “always longed” to live there, but he struggled to make his cakes a novel concept to an American audience.
“I’m kind of bringing pasta to the Italians, in a sense, where my cupcakes were very unique in Jordan, they wouldn’t be as unique in D.C.,” Faber said. “But my mom had confidence. She didn’t even bat an eye, and she was like, ‘I think you should do it.’”
Years prior, Jaber began visiting Washington while attending the College of William & Mary. Upon the move, he settled on Washington as a less competitive market than New York, citing his appreciation for the city’s international feel, architecture and nature.
After recruiting investors, Jaber opened Sugar Daddy’s in Adams Morgan in December 2013. However, upon being struck with a cease and desist letter from a bakery in Ohio with a similar name, Jaber experimented with 20 different names for the business.
Finally, he settled on the Cakeroom in the summer of 2014.
“I actually got some calls from D.C. government employees thanking me for the name change, because they said Sugar Daddy’s didn’t look good when they would Google it on their work laptops,” Jaber said, jokingly.
As for Jaber’s identity as a gay man, he notes that he hopes customers visit the Cakeroom because “they like our product” rather than due to his sexual identity. Still, he notes that operating the bakery in an LGBTQ-friendly city increases business opportunities to bake for LGBTQ weddings.
“A lot of people know me as the owner, I’m the face behind the brand. People in D.C. know that I’m gay, so I think we do get some business that way, but I would hate for people to just support my business because of my sexual orientation,” Jaber said.
Jaber manages the Cakeroom remotely, focusing on online orders, deliveries, scheduling, ordering, cash management, and more. He notes that while most days are routine, “at least two, three times a week there’s some firefighting that needs to happen.”
While Jaber does not intend on opening another location of the Cakeroom, he hopes to continue managing the business for another decade.
“I’ve been in this industry for 18 years,” Jaber said. “So if I can just keep it afloat, that would be my hope. It gives me purpose on a daily basis.”
Jaber’s top recommendations from the Cakeroom’s array of sweets include Nutella cookies, the date cake, and the carrot cake.
The carrot cake is based on the dessert that first inspired Jaber to pursue a career in baking.
“I think I altered it just a tiny bit, but for the most part, it is based off of the original recipe that I got from my friend’s wife,” Jaber said.
District of Columbia
D.C.’s LGBTQ bookstore moves to new location
Little District Books’ larger shop to host more authors, book club events
Little District Books, D.C.’s only LGBTQ bookstore, in early October moved its store from the Barracks Row section of Capitol Hill to a new, larger space at 631 Pennsylvania Ave., S.E. in a more prominent location on Capitol Hill less than a block from the Eastern Market Metro station.
The store, which describes itself on its website as a “queer owned and operated” independent bookstore that “celebrates LGBTQ+ authors and stories,” first opened in its previous location on 8th Street, S.E. in June 2022.
At that time it became the first D.C. LGBTQ bookstore since 2009, when the city’s famed Lamda Rising LGBTQ bookstore closed its doors after its owner Deacon McCubbin retired.
Little District Books owner, D.C. attorney Patrick Kern, said his main reason for moving was to find a larger space in which to provide a larger number of books and to host larger events. Among the events he said his store has hosted in the previous location were author book-signings and meetings of a number of book clubs.
“We started looking for somewhere that would allow us to do a lot more,” he told the Washington Blade. “So, in the old space we had like 2,800 different titles,” he said. “And in this new space we will be able to go up significantly. We are probably closer to 4200 titles at this point. We will likely get closer to 5000 next year.”
According to Kern, the old location was only about 700 square feet, with the new location providing nearly 2,000 square feet.
“We have a lot of plans,” Kern said. “We will launch a little café corner later this year, so we’ll have a more dynamic in-space experience,” he said. “We’re going to have a little tea counter where you can buy hot drinks” as well as cold non-alcoholic beverages, he said.
Kern has said Little District Books carries books that cover a wide range of topics and stories, both fiction and nonfiction.
“We have books by LGBT authors about LGBT topics. We have books by LGBT authors about non-LGBT topics,” he said. “And then I have LGBT stories that are written by non-LGBT people as well,” he told the Blade in a July 2023 interview.
He told the Blade last week that he was hopeful that the new location’s larger space, that will allow more and larger events and more books, will continue to prompt people to come into the store to buy their books rather than buy them through online sites where most books are now sold.
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Everything is Everything
