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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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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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