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Lawmakers cautious about repealing Md. sodomy law

Similar statutes remain on the books in 17 states

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Mary Washington, gay news, Washington Blade
Mary Washington, gay news, Washington Blade

Del. Mary Washington said she would be willing to introduce a bill to repeal Maryland’s sodomy law. (Washington Blade photo by Michael Key)

Gay and lesbian residents of Maryland may be surprised to learn that while their state approved a law last year that allows them to marry, it has yet to repeal an antiquated law that classifies their intimate sexual relations as a crime punishable by up to 10 years in prison.

LGBT activists may also be surprised that only one of the eight openly gay members of the Maryland General Assembly confirmed to the Washington Blade that she would introduce legislation to repeal the state’s sodomy law.

“I definitely would introduce it,” said Del. Mary Washington (D-Baltimore City), who is one of five out lesbians serving in the Maryland House of Delegates.

“Now that we have marriage equality, it’s time to go back to old-school anti-discrimination and make sure we are protected at work to the fullest extent and that there aren’t any laws on the books that can be used against us,” Washington said.

The other four lesbian members of the House of Delegates, their two gay male colleagues, and the out gay member of the Maryland Senate, Richard Madaleno (D-Montgomery County) didn’t respond to written questions from the Blade asking whether they would introduce or vote for a sodomy law repeal bill.

Among those who didn’t respond are Del. Heather Mizeur (D-Montgomery County), who is considering running for governor, and Del. Maggie McIntosh (D-Baltimore City), who is considered a potential future candidate for the post of Speaker of the House.

Alan Brody, a spokesperson for Maryland Attorney General Douglas Gansler, said Gansler’s office isn’t aware of the state’s sodomy law being enforced since the 2003 Supreme Court ruling in Lawrence v. Texas, which struck down state sodomy laws.

Others familiar with Maryland’s law enforcement agencies say they aren’t aware of the sodomy statute being enforced since at least 1998, when a court ruled that the statute could no longer be enforced against consenting adults, gays or straights, for private, noncommercial sex.

But Carlos Maza, the author of a 2011 report released by the LGBT advocacy organization Equality Matters, told the Blade police and prosecutors in several states have continued to enforce their sodomy laws under various circumstances, apparently ignoring or blatantly disregarding the Supreme Court or state court rulings.

In his report, “State Sodomy Laws Continue to Target LGBT Americans,” Maza says many cases involving the arrest of an adult charged with consensual sex with another adult are eventually dismissed by courts citing the Supreme Court’s Lawrence decision. But the emotional stress of contending with an arrest and the expense of hiring a lawyer amounts to a penalty against LGBT people ensnared under sodomy laws even if the cases are dismissed, Maza says.

Gansler, who has a strong record of support for LGBT rights, and Maryland Gov. Martin O’Malley (D), who was an outspoken supporter of the marriage equality law, are not expected to seek to enforce the sodomy laws, most LGBT activists agree.

Gansler spokesperson Brody acknowledged, however, that a future attorney general and prosecutors in counties throughout the state could seek to enforce the sodomy statute just as prosecutors have in other states.

Article 3-321 of the Maryland criminal code states, “A person who is convicted of sodomy [anal sex] is guilty of a felony and is subject to imprisonment not exceeding 10 years.”

Article 3-322 of the code states, “A person may not: take the sexual organ of another or of an animal in the person’s mouth; place the person’s sexual organ in the mouth of another or of an animal; or commit another unnatural or perverted sexual practice with another or with an animal.”

The article adds, “A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.”

Carrie Evans, executive director of the statewide LGBT rights group Equality Maryland, expressed caution that problems could surface if the sodomy law is repealed without making changes in other sections of the state criminal code.

In Virginia, the director of that state’s ACLU chapter, attorney Claire Gastanaga, said Virginia’s sodomy law is sometimes used to prosecute sexual assault cases and cases involving an adult sexually abusing a minor. Gastanaga noted that under Virginia’s criminal code, a sexual assault involving oral or anal sex isn’t always covered under the state’s rape law.

She said the repeal of Virginia’s sodomy or crime against nature law would have to be accompanied by a major overhaul of the criminal code pertaining to sexual assault, something she said lawmakers have been reluctant to do.

Evans said a similar situation may exist in Maryland.

“It’s not as easy as you would think to repeal old laws,” she said. “I would support a review of the code to see what should be repealed,” Evans said, when asked if Equality Maryland would call on the state’s lawmakers to repeal the sodomy law.

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Florida

Fla. Senate passes ‘Anti-Diversity’ bill that could repeal local LGBTQ protections

Bipartisan coalition urges Florida House to reject ‘extremism’ measure

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The Florida Capitol (Washington Blade photo by Yariel Valdés González)

The Florida Senate on March 4 voted 25-11 to approve an “Anti-Diversity in Local Government” bill that critics have called a sweeping and extreme measure that, among other things, could repeal local LGBTQ rights protections.

According to Equality Florida, a statewide LGBTQ advocacy organization, if approved by the Florida House of Representatives and signed by Republican Gov. Ron DeSantis, the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented’ with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

In a March 4 statement, Equality Florda added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

The Florida House was scheduled to vote on the bill on Monday, March 9, with opponents hopeful that a broad coalition of both Democratic and Republican lawmakers would secure enough votes to defeat the bill.

“Once again, Gov. DeSantis and Florida lawmakers are advancing one of the most sweeping and extreme bills in the country — this time threatening decades of local progress supporting diverse communities, including the LGBTQ community,” said Equality Florida Senior Political Director Joe Saunders. “This legislation is a sledgehammer aimed at cities and counties that recognize and address the diversity of the people they serve,” he said.

Among the LGBTQ organizations that could be adversely impacted by the bill is the highly acclaimed Stonewall National Museum, Archives and Library located in Fort Lauderdale.

Robert Kesten, the Stonewall organization’s president and CEO, told the Washington Blade the organization receives some funding from Broward County, in which Fort Lauderdale is located, and the city of Fort Lauderdale has provided support by purchasing tables at some of the museum’s fundraising events.

“Based on this legislation, hose things would be gone,” he said. “We also are based in a government building. So, we don’t know what potential side effects that could have.” He noted that the building in question is owned by Broward County and leased by Fort Lauderdale, with the bill’s vaguely worded provision making it unclear whether Stonewall would be forced to leave its building.

“It’s unknown, and we’re really in unchartered waters,” he said.

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13 HIV/AIDS activists arrested on Capitol Hill

Protesters demanded full PEPFAR funding

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(Washington Blade photo by Michael Key)

U.S. Capitol Police on Thursday arrested 13 HIV/AIDS activists in the Cannon House Office Building Rotunda.

The activists — members of Housing Works, Health GAP, and the Treatment Action Group — joined former PEPFAR staffers in demanding full funding of the program that President George W. Bush created in 2003. They chanted “AIDS cuts kill, PEPFAR now!” and unfurled banners from the Rotunda’s second floor that read “Trump and (Office of Management and Budget Director Russell) Vought kill people with AIDS worldwide,” “Over 200,000 deaths since January 2025,” and “Hands off PEPFAR” before their arrest.

(Washington Blade video by Michael K. Lavers)

This protest is the latest against the Trump-Vance administration’s HIV/AIDS policies since it took office.

Secretary of State Marco Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Washington Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia is among the nations in which the breakthrough HIV prevention drug has arrived.

The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29, 2025, said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

The White House in January announced an expansion of the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. The Council for Global Equality and other groups say the expanded rule will adversely impact HIV prevention efforts around the world.

A press release that Housing Works and Health GAP issued on Thursday notes more than $977 million “in appropriated PEPFAR funding for HIV prevention and treatment was unspent by the end of fiscal year (FY) 2025 — triple amount unspent at the end of FY 2024.”

“Activists predict this backlog will worsen rapidly in FY 2026 unless Congress immediately reasserts its Constitutionally-mandated oversight authority,” notes the press release.

The press release also indicates funding for the Centers for Disease Control and Prevention’s PEPFAR programs “will run out” by April 1 because “only 45 percent of their FY26 funding has been transferred from the State Department.

“Unless funding is transferred immediately, CDC’s global HIV programs across sub-Saharan Africa, Asia and the Caribbean will grind to a halt,” notes the press release.

The activists demanded Trump, Vought, Rubio, and Congress do the following:

  • Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs 
  • Immediately release already-appropriated, unobligated PEPFAR funds 
  • Break the blackout on PEPFAR data, so Congress and people with HIV know how funding is being spent and can program based on data  
  • Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs.

“PEPFAR has saved more than 26 million lives and changed the trajectory of an epidemic,” said Housing Works CEO Charles King. “However, the Trump administration’s decision, over the objection of Republicans in Congress, to freeze PEPFAR funding has caused decades of progress to come undone and has been a death sentence for people with HIV relying on life-saving treatment. The U.S. must immediately restore PEPFAR funding and regain our standing in the global fight against HIV.”

King is among the activists who were arrested.

(Washington Blade video by Michael K. Lavers)

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Texas

Talarico beats Crockett in Texas primary

Pro-LGBTQ seminarian hopes to turn seat blue

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Texas state Rep. James Talarico (Screen capture via James Talarico/YouTube)

Texas state Rep. James Talarico won a hard-fought primary Tuesday to become the state’s Democratic nominee for U.S. Senate, defeating U.S. Rep. Jasmine Crockett in one of the year’s most closely watched and competitive Democratic contests.

Talarico, a Presbyterian seminarian and three-term lawmaker from Round Rock, was declared the winner by the Associated Press early Wednesday morning after a closely tracked vote count that drew national attention.

“Tonight, the people of our state gave this country a little bit of hope,” Talarico told the AP. “And a little bit of hope is a dangerous thing.”

With 52.8% of the vote to Crockett’s 45.9%, Talarico secured the nomination outright, avoiding a runoff and capping months of sharp contrasts between the two candidates over strategy, messaging, and how best to compete statewide in Texas. Democrats hope the competitive primary — and the relatively narrow margin — signals growing momentum in a state that has not elected a Democrat to the U.S. Senate since 1988.

Talarico has long expressed support for the LGBTQ community, a position he highlights prominently on his campaign website. Under the “Issues” section, he directly addresses assumptions that might arise from his faith and background as a seminarian in a deeply conservative state.

“My faith in Jesus leads me to reject Christian Nationalism and commit myself to the project of democracy,” his website reads. “Because that’s the promise of America: a democracy where every person and every family — regardless of religion, race, gender, sexual orientation, or any other difference between us — can truly be free and live up to their full potential.”

Crockett struck a conciliatory tone following her defeat, emphasizing party unity ahead of November.

“This morning I called James and congratulated him on becoming the Senate nominee,” Crockett told Politico. “Texas is primed to turn blue and we must remain united because this is bigger than any one person. This is about the future of all 30 million Texans and getting America back on track.”

Talarico also drew national attention earlier in the race when “Late Show” host Stephen Colbert said he was initially unable to air an interview with the state legislator due to potential FCC concerns involving CBS. The episode sparked a broader political debate.

Brendan Carr, chair of the Federal Communications Commission, appointed by President Donald Trump, told reporters the controversy was a “hoax,” though he also acknowledged Talarico’s ability to harness the moment to build support as an underdog candidate. The interview was later released online and garnered millions of views, boosting Talarico’s national profile.

In November, Talarico will face the winner of the Republican primary between incumbent Sen. John Cornyn and Texas Attorney General Ken Paxton, who have been locked in a bruising GOP contest. Rep. Wesley Hunt was also in the Republican primary field. The GOP race is expected to head to a May runoff.

In a joint statement, Senate Minority Leader Chuck Schumer and Democratic Senatorial Campaign Committee Chair Kirsten Gillibrand praised Talarico’s victory and framed him as a candidate capable of broad appeal.

“As an eighth-generation Texan, former middle school teacher, and Presbyterian seminarian, James will be a fighter for Texans from all walks of life and of all political stripes,” they said. “In November, Texans will elect a champion for working people: James Talarico.”

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