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U.S. Attorney challenges use of civil rights law

Government defends Library of Congress in firing of gay employee

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Peter TerVeer, gay news, gay politics dc

Peter TerVeer (Blade photo by Michael Key)

The United States Attorney for the District of Columbia filed court papers on Dec. 17 arguing that a gay man, who sued the Library of Congress for firing him because of his sexual orientation, failed to show he’s entitled to protection under Title VII of the U.S. Civil Rights Act of 1964.

The court filing by U.S. Attorney Ronald C. Machen Jr., who was appointed by President Obama, places the Obama administration in the awkward position of opposing a gay discrimination claim under Title VII.

In a lawsuit filed against the Library of Congress in August 2012, former management analyst Peter TerVeer, 30, says he was fired from his job after being harassed and humiliated for more than a year by a supervisor who repeatedly quoted biblical passages condemning homosexuality.

The lawsuit charges that although TerVeer was targeted because he’s gay, he suffered employment discrimination and harassment based on his gender, gender stereotyping and his religious beliefs, which he says didn’t conform to those of supervisor John Mech.

Title VII of the famed 1964 Civil Rights Act bans discrimination based on race, religion, ethnicity, gender and, according to recent court rulings, gender identity, but not sexual orientation by itself.

According to the lawsuit, TerVeer and Mech had a cordial working relationship from the time TerVeer was hired in February 2008 as a management analyst in the library’s Auditing Division. It says TerVeer received high performance ratings and two promotions between 2008 and 2010.

The lawsuit says Mech allegedly became hostile and unfairly critical of TerVeer’s work performance and created an unbearably hostile work environment after Mech learned TerVeer was gay.

The government’s filing of a motion to dismiss the case on legal and procedural grounds comes at a time when gay rights attorneys are seeking to persuade courts to treat anti-gay discrimination as a form of sex discrimination protected under Title VII.

“We believe that the allegations in the complaint are insufficient to substantiate a Title VII claim,” said Charles Miller, a spokesperson for the Justice Department’s Civil Division.

Miller pointed to an April 2012 ruling by the Library of Congress’s in-house equal employment opportunity division, which investigated TerVeer’s allegations of discrimination and harassment and dismissed an in-house complaint he filed in September 2011 on grounds that the allegations could not be substantiated.

“The Executive Branch is of course opposed to discrimination on the basis of sexual orientation, and this filing does not reflect any contrary policy,” Miller told the Blade.

But Christopher Brown of the D.C. law firm Ackerman Brown, which is representing TerVeer, said the government’s motion to dismiss the case “relies on legal precedent that excludes LGBT employees from protection under Title VII.”

Brown declined to comment further on the government’s arguments, saying TerVeer’s legal team prefers not to comment in detail on pending litigation.

Greg Nevins, supervising attorney for the gay litigation group Lambda Legal Defense and Education Fund, which is monitoring the TerVeer case, said the government’s motion to dismiss appears to be arguing that TerVeer did not present sufficient evidence to show that his supervisor targeted him for discrimination because TerVeer displayed mannerisms or behavior of a stereotypical gay man, which some might view as being effeminate.

“I think what the U.S. Attorney is saying here is a masculine gay man or a feminine lesbian would not be covered under Title VII,” Nevins said. “Some court rulings have essentially said Title VII does not apply to sexual orientation.”

In a landmark ruling last April, the U.S. Equal Employment Opportunity Commission declared that transgender people are protected against job discrimination under Title VII because bias against their gender identity is equivalent to sex discrimination. The EEOC ruling followed several appeals court decisions holding that transgender people were protected under Title VII.

Lambda Legal and other LGBT advocacy organizations say they hope to persuade courts that gay men and lesbians enjoy Title VII protections. They argue that sexual orientation discrimination is also linked to gender role stereotyping and bias, regardless of whether the victim is perceived as masculine or feminine.

TerVeer’s lawsuit says he also was targeted for retaliation after he filed his discrimination complaint with the library’s in-house EEO office, which is known as the Office of Opportunity, Inclusiveness and Compliance.

“Plaintiff’s discrimination and retaliation claims fall short,” Machen and two other government attorneys argue in their Dec. 17 motion seeking to dismiss the case, which was filed in U.S. District Court for the District of Columbia.

“Plaintiff alleges that he was subject to harassment after his employer learned that he was gay, and he presents his claim as one of non-conformity with sex stereotypes,” the motion to dismiss says. “But the detailed allegations in the complaint do not provide what courts have held is required to show that sex stereotyping was the cause of his employer’s actions.”

The motion to dismiss adds, “[C]ourts have generally required plaintiffs to set forth specific allegations regarding the particular ways in which an employee failed to conform to such stereotypes — generally relating to an employee’s behavior, demeanor or appearance in the workplace — and allegations to support the claim that this non-conformity negatively influenced the employer’s decision … In this case, however, plaintiff fails to offer anything more than the conclusory statement that, as a result of his sexual orientation, ‘he did not conform to the defendant’s gender stereotypes associated with men under Mech’s supervision.’”

One civil rights attorney familiar with the case, who spoke on condition of anonymity, said the U.S. Attorney’s office was fulfilling its role in defending its client — the Library of Congress — and should not be faulted for arguing against TerVeer’s attempt to invoke protection from Title VII.

“The government’s argument that the complainant fails to allege sufficient facts to state a claim … are typical arguments that they’d make equally if the plaintiff were female or black rather than gay,” the attorney said.

The government’s motion to dismiss the case is based mostly on procedural and legal grounds rather than on the merits of TerVeer’s specific allegations of discrimination and retaliation.

The government’s motion cites legal and procedural grounds to seek the dismissal of a separate claim in the lawsuit that the firing violated TerVeer’s Fifth Amendment constitutional right to due process and equal protection under the law.

In addition, it cites procedural grounds to call on the court to dismiss separate claims in the lawsuit that the library violated the Library of Congress Act, which bans discrimination based on factors unrelated to an employee’s ability to perform his or her job; and an internal library policy banning sexual orientation discrimination.

Library investigation finds no substantiation of discrimination

The motion to dismiss releases publicly for the first time the April 26, 2012 ruling by the library’s Office of Opportunity, Inclusiveness and Compliance (OIC) that rejects TerVeer’s allegations on grounds that they could not be substantiated or proven.

The 14-page ruling by the OIC, which was filed in court by the U.S. Attorney’s office as “Exhibit D,” was based on an in-house library investigation into a discrimination complaint filed by TerVeer on Nov. 9, 2011, according to OIC acting supervisor Vicki Magnus.

Magnus discusses the findings in an April 26 letter to Brown, TerVeer’s attorney, which the U.S. Attorney’s office submitted in court as part of Exhibit D.

“Based on the available evidence, the Office of Opportunity, Inclusiveness and Compliance (OIC) does not find sufficient evidence to support Complainant’s allegations that he was discriminated against based on religion, sex, and reprisal, and that he was subjected to sexual harassment and a hostile work environment in his meetings with supervisors regarding performance and in actions taken by supervisors regarding his performance,” Magnus said in her letter.

In what potentially could be damaging to TerVeer’s lawsuit, Magnus notes that the OIC investigation into TerVeer’s discrimination and retaliation complaint included interviews of and testimony by five of TerVeer’s co-workers. Each of the five testified that they personally observed less than satisfactory work performance by TerVeer, according to the OIC ruling.

In his complaint, TerVeer accuses his immediate supervisor, John Mech, and a higher level supervisor, Nicholas Christopher, of giving him a lower job performance rating based on anti-gay bias.

The five co-workers, “each of whom personally observed complainant’s performance, fully support the reasons presented by management justifying their decision to issue complainant poor performance ratings and to deny complainant a [performance based salary increase].”

Brown, TerVeer’s attorney, declined to comment on the OIC ruling or its potential impact on the lawsuit.

The library’s official reason for firing TerVeer was his failure to report to work after a leave of absence he requested and received permission to take had expired. TerVeer told reporters in a news conference in April that his doctor and therapist urged him to take a leave from work after the hostile work environment he said Mech created caused him to suffer severe emotional distress.

He said the library refused to grant his request to be transferred to another office under another supervisor, making it impossible for him to return to work.

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Rehoboth Beach

What’s new in Rehoboth Beach for summer 2026

Moon changes ownership, Market 59 debuts, and much more

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The beach beckons in Rehoboth. (Blade file photo by Daniel Truitt)

Another year and Rehoboth Beach, Del., is ready for the new summer season. The crowds will come for sun, sand, surf, and the boardwalk. It will cost a little more to get to the beach this year, as gas prices are way up. But once you are in Rehoboth, you know it’s worth it. 

One aesthetic change you’ll notice at the boardwalk is the installation of a security gate and bollards near the bandstand, intended to enhance security during large events. The town plans an expanded fireworks show for July 4 to honor the nation’s 250th birthday. 

Most of the commercial establishments in Rehoboth are along and between three blocks: Baltimore Avenue, Rehoboth Avenue, and Wilmington Avenue. This column will seem like I am walking back and forth because I am, and you will too. One thing to remember: Parking in Rehoboth is difficult and expensive and free parking is over as of May 15. There are parking permits available for either a day or longer at the non-metered spots.

During more than 40 years that I have been going to Rehoboth, including more than 30 owning a place in Sussex County, I have witnessed the town transform from a summer vacation spot to a vibrant, year-round community. This was hastened by the COVID pandemic, when lots of people moved to the beach when they could work virtually. Others, reaching retirement age, decided the beach was the place to be. This influx of residents has given many businesses a reason to stay open year round.

Over the years, Rehoboth has become a real foodie town, with many more restaurants, many of them high-end, opening. There are local gay-led restaurant groups like the award-winning Second Block Hospitality Group, which operates The Pines, Bodhi Kitchen, and Drift. Another group, JAM Holdings, owns Eden, which relocated to Route 1 in January after 20 years on Baltimore Avenue; and Jam, which is expected to reopen on Rehoboth Avenue later this year after leaving its Wilmington Avenue location that was demolished over the winter. That building was home to several beloved restaurants over the decades, including Chez la Mer and Azzurro. 

Among the new businesses this year, be sure to stop at the gay-owned Bay Laurel Home and Garden, located at the old Farmer Girl site on Route 1 for your gardening needs. The Waypoint Hotel opened in December on Rehoboth Avenue, site of the former gay-owned Shore Inn.

Another of the newbies is the upscale Market 59 on Baltimore Avenue. The owners plan to add a restaurant and bar before July 4 called Fifty-Nine. The market offers grab-and-go options for the beach plus homemade breads and pastries, produce, and seafood. Then there is the renamed Frankie and Louie’s across the street, now called Pazzo Italiano. Still the same great takeout and now hooked up with The Pines leading to some new menu items. Then I hear there will also be a new Champagne Bar opening soon on Baltimore Avenue. 

Then there are the established and stellar standbys, including the Back Porch, on Rehoboth Avenue; Megan Kee’s restaurants La Fable, Houston White, and Dalmata; and the restaurants on Wilmington Avenue, including Mariachi, Salt Air, and Henlopen Oyster House, where you can sample the Rehoboth Rose oysters from the gay-owned Nancy James Oysters. Then on 1st Street there is Goolee’s Grill for a comforting breakfast and Bloody. Walk up the second block of Rehoboth Avenue and you reach the Purple Parrot and its ever-popular Biergarten.

The iconic Blue Moon restaurant and bar was recently sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan. Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1. “They don’t want to change a thing,” Ragan told the Blade. Happy hour continues all summer long from 4-6 p.m.

For morning coffee nothing beats The Coffee Mill, in the mews between Rehoboth and Baltimore Avenue, where I can be found every morning I am at the beach. The owners, Mel and Bob, also own the Mill Creamery ice cream shop, and another Coffee Mill in Dewey Beach. Mel is proud of his clothing store BRASHhh on 1st Street. On the Rehoboth Avenue side of the mews is the beloved Browseabout Books where you can find a beach read, grab a coffee, and shop for everything from toys to home decor. A few doors away on Rehoboth Avenue is the fun Gidgets Gadgets.

My favorite place for happy hour is Aqua Bar & Grill for good drinks, food, and service. Say hi to Katie Lyell behind the bar at Aqua, winner of the Blade’s Best Of Award for Best Rehoboth Bartender. Aqua, which is celebrating its 20th anniversary this year, hosts Taco Tuesdays and half-price burgers on Thursdays, all on the spacious outdoor deck. While you are on Baltimore Avenue make sure to stop by CAMP Rehoboth, the LGBTQ community center. Pick up your copy of Letters and take a peek at the art exhibit in their offices. Maybe even say hello to the new executive director, Robin Brennan, Ph.D. I had the chance to stop in and meet her and my congratulations to the board. I think they made a great choice for executive director and the organization is clearly in good hands. Then stop in the CAMP Courtyard, and get something to eat at Loris Oy Vey café, celebrating her 30th season, and still the best chicken salad at the beach. Visit the newly relocated Gallery 50 on Baltimore Avenue, which moved from Wilmington Avenue. Then stop in at Elegant Slumming, also on Baltimore Avenue, say hi to Philip, and shop his exquisite jewelry, and some great artwork. If you have a pet and want to treat them to something nice, stop by Critter Beach on Rehoboth Avenue.

After a day in the sand, and a good dinner, there is the nightlife. Diego’s on Rehoboth Avenue Extended hosts regular entertainment, including drag shows and internationally renowned DJs. A new partially enclosed patio offers an expanded space to hang out. Don’t miss their Sundays with local icon Pamala Stanley, now in her 21st season at the beach; in addition to her Sunday dance party, she performs her “Piano Pam” show on Monday evenings. Then there is always fun at Freddies Beach Bar, on 1st Street with its video bar and regular entertainment. Clear Space Theatre on the first block of Baltimore Avenue has a busy summer of shows including “The Cher Show”(June 23-Aug. 27), “Mean Girls” (June 26-Aug. 29), and “Pretty Woman” (July 1-Aug. 25). Clear Space always hosts talented casts including many college students who are getting their first chance to shine. Some come back when they are a little more established. This year that includes Caetano de Sá who first performed at the beach in “Jersey Boys” when he was a student at the Boston Conservatory at Berklee, where he earned his BFA in musical theater. He will be back as of May 25 for the summer rep to play Sonny in the production of “The Cher Show,” Martin/Coach Carr in “Mean Girls,” and Mr. Hollister in “Pretty Woman,” along with some cabarets. The incredibly talented Ashley Williams is also back in town and will host a cabaret show on Aug. 2. Tickets for all the shows are available online and they sell out fast. 

So, make your plans now to head to the beach. Stay a day, or a week, or more, in a hotel, or a rental house. But make those plans quickly, as things sell out fast in Rehoboth. Look forward to seeing you at the beach!

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District of Columbia

Pride faith services in Washington, D.C.

Almost half of all LGBTQ adults in the U.S. are religious

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Westminster Presbyterian will host a celebration of life for legendary DC trans rights activist SaVanna Wanzer. (Washington Blade photo by Michael Key)

Are you an LGBTQ person of faith or someone exploring spirituality? It is more common than people realize. According to a Williams Institute study published in October 2020, almost half of all LGBTQ adults in the United States are religious. This may seem counterintuitive as any LGBTQ people have complicated relationships with faith because of very real histories of abuse, trauma, and violence. 

This violence still continues in the United States, especially following the Supreme Court’s March 2026 decision in Chiles v. Salazar, who ruled Colorado’s ban on conversion therapy for minors violates the First Amendment, but not everyone has encountered this violence, nor do people who have faced it, separate themselves completely from religion. Many people may seek out affirming faith traditions which are prevalent in the DMV area.

For individuals seeking out faith services during Pride 2026, please check out the list below, which will be updated as more events are publicized.

Memorial Service for SaVanna Wanzer

May 17th at 1 pm

Westminster Presbyterian Church (400 I St SW, Washington, DC 20024)

Westminster Presbyterian will host a celebration of life for legendary DC trans rights activist and founder of DC Trans Pride and Black Trans Pride SaVanna Wanzer who was a long-time member of the church. Live music will begin at 12:15 pm before the start of the memorial service. The service will be livestreamed on the Westminster DC Facebook page. A meal will follow the Sunday service.

There will also be a celebratory vigil held on Saturday, May 16th from 6:30-8 pm for friends and family at the church led by LGBTQ organizer Rayceen Pendarvis.

Doesnt God Love Me Too?

May 23th at 11 am

Downtown Westin (999 9th Street NW, Washington, DC 20001)

This intimate conversation is hosted by Janeé Lee, founder of Queer Ministry, between Black trans and queer people who are surviving religious trauma and navigating their relationship with the church. The workshop, hosted as part of Trans Pride DC, is a chance for people to share their stories at the intersection of queerness and spirituality and to walk away with a spiritual healing guide with affirming scriptures and inclusive theology.

DC Black Pride Worship Service

May 24th at 10 am

Remnant Christian Center (120 West Hampton Avenue, Capitol Heights, MD)

Hosted by The Community Church of Washington DC-UCC, this service will feature speakers and sessions on Black queer faith and unity, including host and speaker Robert D. Wise Jr. for a powerful Pentecost Unity Service. Attendees are encouraged to come dressed in and white. 

Pride Shabbat + Dinner

June 5th at 7 pm

Sixth & I (600 I Street, NW, Washington, DC 20001)

Join Rabbi Jenna will be leading an inclusive, musical service celebrating the diversity of Jewish life in Washington, DC. Happy Hour, which is limited to people 21 and older, will start at 6 pm. The service will start at 7 pm, with dinner at 8:15 pm. The service is free but registration is required, and the kosher-style pescatarian meal does cost money. Register online here.

Muslim Pride

June 14th at 5 pm

Black Cat (1811 14th St NW, Washington, DC 20009)

Muslim Pride is a community-led and funded grassroots performance series centering queer and trans Muslim artists through music, drag and dance. The series was originally founded in 2020 as a way to create affirming spaces where faith, culture, and queerness can coexist. This year’s series features Mercedes Iman Diamond. This year, Muslim Pride expands to Washington, DC, New York City, and Los Angeles. Buy tickets here.

Pride Celebrations and Sunday Worship Service

June 14th all day

Riverside Baptist Church (699 Maine Avenue SW, Washington, DC 20024)

Join Riverside Baptist Church for a day-long Pride celebration beginning with Pride Weekend/Musical Theater Sunday worship service at 10 am. Later that morning and early afternoon, from 11:30 am to 1:30 pm, the church will be hosting a Pride Pageant, a technicolor celebration featuring a runway showcase, line dancing, food, and refreshments. 

Pride Interfaith Service 

June 22nd at 7 pm

St. Mark’s Episocpal Church (301 A Street, SE, Washington, DC 20003)

Join this interfaith service celebrating affirming faith traditions and intertradition dialogue hosted by queer and trans faith leaders. The interfaith service has been hosted annually for over 40 years, and first began back in the 1980s with faith leaders and queer people of faith coming together to mourn and pray at the site of the AIDS Memorial Quilt on the National Mall. Learn more about the history of the interfaith service here.

6th Annual Pride Mass

June 23rd at 6 pm 

Holy Trinity Catholic Church (3513 N St NW, Washington, DC 20007)

Holy Trinity will be hosting its 6th annual Pride Mass. After its debut this past summer, the Pride Mass choir will be singing at the Pride Mass in June, and following the Mass, there will be an annual reception with ice cream and other goodies. Learn more about attending the reception and Holy Trinity’s LGBTQ+ Ministry. 

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Delaware

Blade Foundation awards 9th journalism fellowship to AU student

Thomas Weaverling will cover LGBTQ issues in Delaware this summer

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Thomas Weaverling

The Blade Foundation this week announced the recipient of its 2026 Steve Elkins Memorial Fellowship in Journalism is Thomas Weaverling, who is scheduled to graduate from American University with a degree in communication, language, and culture this month.

He will cover issues of interest to Delaware’s LGBTQ community for 12 weeks this summer. The fellowship is named in honor of Steve Elkins, a journalist and co-founder of the CAMP Rehoboth LGBTQ community center. Elkins served as editor of Letters from CAMP Rehoboth for many years as well as executive director of the center before his death in March of 2018.

Kevin Naff, editor of the Blade, welcomed Weaverling and will introduce him to the Rehoboth Beach community at an event this week. 

“If the applicants to our fellowship program are any indication, the future of American journalism is very bright,” Naff said. “Thomas stood out for his broad skillset and strong writing and reporting skills and we’re all excited to work with him this summer.”

Weaverling is the ninth recipient of the Elkins fellowship, which is funded by community donations at the Blade Foundation’s annual fundraiser in Rehoboth Beach. This year’s event is scheduled for May 15 at Diego’s and includes a generous sponsorship from Realtor Justin Noble and remarks from Ashley Biden accepting an award on behalf of her brother Beau Biden for his LGBTQ advocacy while serving as Delaware’s attorney general.

“I am incredibly honored and excited to receive the Steve Elkins Memorial Fellowship in Journalism,” Weaverling said. “Writing for the Washington Blade has been a goal of mine since I began my freshman year of college and I could not be more thrilled to have this opportunity. I am looking forward to getting to know the LGBTQ+ community in Rehoboth Beach and throughout Delaware.”

Weaverling is graduating cum laude with a concentration in journalism and Spanish. He studied in Spain in 2025 and worked in the office of Rep. Bonnie Watson Coleman (D-N.J.) as a policy intern.

For more information on the fellowship program or to donate, visit bladefoundation.org.

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