Local
D.C. Appeals Court hears gay marriage case
City defends law halting effort to repeal same-sex marriage law
Same-sex marriage opponents Rev. Anthony Evans, left, and Bishop Harry Jackson talk Tuesday outside the D.C. Court of Appeals. A case before the court could force the city to put its same-sex marriage law before voters in a ballot initiative. (Washington Blade photo by Michael Key)
In what legal observers called an unusual development, the full nine-judge D.C. Court of Appeals heard oral arguments Monday for a lawsuit seeking to force the city to put its same-sex marriage law before voters in a ballot initiative.
At issue is whether a 1970s amendment to the D.C. City Charter that allows voters to pass or repeal laws through an initiative or referendum can legally include a provision banning such ballot measures if they would take away rights from minorities.
The City Council added the provision to the charter amendment at the request of gay activists. The effort by same-sex marriage opponents to challenge the provision represents the first time it has been seriously questioned in more than 30 years.
All but two of the judges asked pointed questions that appeared to challenge the legal arguments presented by the lawyers on both sides of the case, taking on the role of devil’s advocate.
“The court asked a variety of probing questions, as they should have,” said Thomas Williamson, an attorney with Covington & Burling, which filed a friend of the court brief on the side of the D.C. government in defense of the law restricting ballot measures.
“But it seemed that a consistent theme in their questions was a sensitivity to the importance of protecting civil rights of a vulnerable minority, which is really what this case is about here — the right of same-sex couples to enjoy marriage and have the same status for their marriage as all other citizens of the District,” Williamson said.
Five of the nine judges, including Chief Judge Eric Washington, were appointed by President George W. Bush. President Bill Clinton appointed the remaining four.
Williamson and local gay rights attorney Mark Levine said it’s unusual for the Court of Appeals to hear a case for the first time en banc, or with all of its judges, instead of its usual practice of assigning a three-judge panel to hear a case.
One significant outcome of an en banc case is that the full court has the authority to overturn previous decisions it handed down either en banc or through a three-judge panel if the previous rulings would interfere with its intentions in a current case. Williamson said one possible ruling the court might overturn in the current case over the D.C. same-sex marriage law is the 1990s case known as Dean v. the District of Columbia.
In that case, the appeals court rejected a claim by a gay male couple that the city’s existing marriage law allowed for the issuance of marriage licenses to same-sex couples because of the Human Rights Act’s ban on discrimination based on gender and sexual orientation. At that time, the court ruled that the marriage law restricting marriages to opposite-sex couples took precedence over the Human Rights Law.
In recent years, gay rights attorneys and D.C. government officials have argued that the Dean decision was no longer relevant because the City Council had since made sweeping changes to the marriage law, providing extensive rights, including marriage, for same-sex couples.
Austin Nimocks, legal counsel for the Alliance Defense Fund, a Christian litigation group, argued the case Tuesday for Bishop Harry Jackson and other local opponents of same-sex marriage who filed the lawsuit seeking a ballot measure to overturn the gay marriage law.
Jackson initially filed his lawsuit before the D.C. Superior Court last fall, after the D.C. Board of Elections & Ethics rejected his application for a voter initiative calling for defining marriage in D.C. as the union between one man and one woman. The board ruled that the initiative would violate the provision added to the referendum and initiative law that bans such ballot measures if they would result in discrimination prohibited by the Human Rights Act.
The effect of the initiative, if approved by voters, would be to repeal the same-sex marriage law that the City Council passed and Mayor Adrian Fenty signed in December. The law took effect March 3 after it cleared a required 30 legislative day review by Congress.
Jackson then filed suit seeking to overturn the election board’s decision. In January, Superior Court Judge Judith Macaluso upheld the election board’s decision, saying the law cited by the city to ban such ballot measures was valid.
Tuesday’s hearing before the D.C. Court of Appeals came about after Jackson and his supporters appealed Macaluso’s ruling.
Nimocks sidestepped reporters’ questions about the appeals court judge’s comments, including those who challenged his arguments. He said after the hearing that his side is correct in claiming the 30-year-old provision in the D.C. Charter barring certain ballot measures violates the full District of Columbia Charter.
The city’s charter is considered to be equivalent to a state constitution, and legal experts say all laws enacted by the City Council and signed by the mayor must be consistent with any restrictions or limits set by the charter.
Nimocks argued before the court Tuesday that the charter amendment that created the city’s voter initiative and referendum system sets just one restriction on such ballet measures: a ban on voters directly deciding on matters related city funding or taxes.
He said the charter amendment, which the City Council passed and Congress approved, doesn’t allow further restrictions that would prevent a ballot measure seeking to curtail minority rights.
“The people have a right to vote that’s guaranteed by the District of Columbia Charter,” he said. “And the City Council cannot amend the charter. They cannot do anything to undermine the people’s right to vote.”
In his written brief, Nimocks also argued that the Dean case was still a factor that the appeals court should consider.
Todd Kim, the D.C. Solicitor General who argued on behalf of the city, told the court the charter amendment establishing the initiative and referendum system gives the City Council authority to make some changes in the system to carry out its “purpose.”
Kim noted that the Council wrote the charter amendment and that part of the purpose in creating it was to place certain restrictions consistent with longstanding city policy, including policies related to rights of minorities. The D.C. Human Rights Act, which was in place at that time, included a ban on discrimination based on sexual orientation, Kim said, indicating the city’s overall policy and purpose was to protect the rights of gays and lesbians along with other minorities.
He also noted that Congress approved the charter amendment through its normal 30 legislative day review, further solidifying its status as a valid law.
In another development that pleased gay activists attending Tuesday’s appeals court hearing, Judge Phyllis Thompson, a Bush appointee, pointed out that D.C. voters approved a statehood constitution in the early 1980s that included a provision banning initiatives and referenda that would take away rights of minorities, including gays.
Thompson appeared to be challenging Nimocks’ arguments that voters should have the right to decide on the gay marriage law by noting that D.C. voters approved the ban on ballot measures seeking to take away rights for gays and others.
Legal experts have said the statehood constitution passed by voters had no legal standing because D.C. statehood — which many D.C. residents favored in the 1980s — could not come about without approval by Congress. Congress never took the proposal seriously.
But Levine and Williamson said Thompson’s decision to raise the issued shows that she, and possibly a number of her colleagues on the appeals court, are sympathetic to the city law banning ballot measure that would take away rights, including the right of same-sex couples to marry in D.C.
“Marriage equality has already brought critical rights and responsibilities to hundreds of same-sex couples, yet outside forces are determined to undo our progress,” said Aisha Mills, president of the Campaign for All D.C. Families, one of the local groups that lobbied for a same-sex marriage law.
“As the courts have uniformly recognized in upholding D.C.’s comprehensive anti-discrimination laws, no one should have to have their marriages — or any of their civil rights — put to a public vote,” she said.
Jackson was among more than a hundred spectators to attend Tuesday’s appeals court hearing. The spectators appeared to be equally divided between same-sex marriage opponents and supporters, with many of the city’s prominent LGBT activists in attendance.
In addition to Washington and Thompson, the appeals court members include Judges Vanessa Ruiz, Inez Smith Reid and Stephen Glickman, who are Clinton appointees, and Judges John Kramer, John Fisher, Anna Blackbourne-Rigsby and Kathryn Oberly, who are Bush appointees.
Court observers say a decision on the marriage case could come anytime between the next several months and more than a year. The losing party could appeal the case to the U.S. Supreme Court, but many legal observers believe the high court would be unlikely to take the case.
District of Columbia
Over 2,000 turn out for Hands Around the Kennedy Center protest
Drag performer Tara Hoot serves as MC, Gay Men’s Chorus of DC performs, attendees shout for Trump to keep ‘hands off’ Kennedy Center
More than 2,000 supporters of the John F. Kennedy Center for the Performing Arts turned out on Sept. 18, for a rally in support of the performing arts center and a vocal protest against President Donald Trump’s threats to permanently close the center and possibly demolish it.
The event was organized by a group called Hands Off the Arts, which initially called for participants to form a “human chain” around the Kennedy Center’s main building following a rally on the plaza in front of the building.
However, due to a decision by the Trump-controlled Kennedy Center’s board of trustees to close the center earlier in the week and install fencing around part of the building, participants could only form the chain around part of the building, according to organizers.
Drag performer Tara Hoot, who co-organized the event and served as master of ceremonies for the rally preceding the “human chain,” said the large turnout could have fully surrounded the building at least twice had the fencing not prevented a full encirclement.
Among the musicians and singing groups that performed at the rally was the Gay Men’s Chorus of Washington, which, like other rally performers, had performed at the Kennedy Center in past years. They drew loud applause after singing one of their favorite songs from the Broadway musical show Ragtime, which includes the lyrics, “Will justice be demanded by 10 million men? Make them hear you. When they hear you, I’ll be near you again.”
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Prior to their performance, Gay Men’s Chorus of Washington’s artistic director, Thea Kano, spoke at the rally, reminding participants that shortly after the Trump takeover of the center last year, Kennedy Center officials cancelled a concert the chorus was scheduled to perform there for World Pride 2025.
A Kennedy Center spokesperson said the cancellation was due to a scheduling conflict, but chorus members and LGBTQ activists believe it resulted from policies put in place by Trump and his leadership team at the Kennedy Center following Trump’s statements that he would end controversial “woke” performances that he claimed the majority of Americans disapprove of.
“Now this building sits empty in silence,” Kano told the crowd at the rally. “Let us raise our voices together and bring back the Kennedy Center as it was intended, a place where American culture could be celebrated and elevated, embracing the vibrancy with the spectrum of identify without censure and without politics,” she said.
Among the others who spoke at the rally were U.S. Rep. Don Beyer (D-Va.), U.S. Rep. Jonathan Jackson (D-Ill.), and D.C. Councilmember Robert White (D-At-Large).
Most speakers, along with LGBTQ participants in the hands-around-the-building event expressed strong opposition to Trump’s demand that the Kennedy Center name be changed from the John F. Kennedy Center for the Performing Arts to the Donald J. Trump and the John F. Kennedy Center for the Performing Arts.
At Trump’s request, his appointed board initially made that name change and placed Trump’s name on the front wall of the building along with the Kennedy name. But following legal action taken by opponents who pointed out that Congress must approve such a name change, a judge ordered the removal of Trump’s name from the building. Trump has said he will take steps to reverse that order and has said he will stop plans to renovate the Kennedy Center building and possibly demolish it if his name is not restored in the Kennedy’s Center’s official name.
Throughout the Sept. 18 rally, LGBTQ participants repeatedly responded to the Trump threats by shouting, “Hands Off!”
Chris Raleigh, one of the founders of Hands Off the Arts and a lead organizer of the Sept. 18 event at the Kennedy Center who spoke at the event told the Washington Blade that more similar events are being planned and he welcomes the support the event has received from the LGBTQ community.
“The LGBTQ community was here first, and we’re following them,” he said. “They’ve been the spearhead; they’ve been the vanguard. And I’m so thankful for heroes like Tara Hoot,” he said, adding, “It’s because they know what it means and how this is a safe place – the theater – for many LGBTQ people.”
The DMV’s own furry group was on full display on the Metro on Sept. 12.
Shutterpaws is a volunteer-led 501(c)(3) non-profit organization located in Maryland.
The furry group has been doing the FurRide event since 2024 and has blown up in popularity for furries around DMV. They showcased themselves on the Silver and Blue Lines near the Smithsonian on Sept. 12.
“A lot of careful planning goes into running these events, with the goal being a seamless and enjoyable experience for everyone who attends,” says Zayre, a Shutterpaws staff member. “There’s a lot that you learn just by trial and error, and as Shutterpaws hosts more and more events, our team of event organizers continues to learn and refine our approach to keep things running smoothly and finding new ways to engage with our community.”
With a larger growth of participation in the community comes many challenges with the group, especially when it comes to the Metro rides and organizing.
“The biggest challenge that we face as organizers is keeping things fresh and finding new and engaging venues to host events,” says Zayre. “Recently we saw a lot of success hosting a meet at On Target Battlezone, an indoor NERF gun battle arena where our crew was welcome to show up and play both with and without a fur suit.”
Nevertheless, Shutterpaws receive overwhelming support from the community and partners.
“Across the DMV there are so many amazing places to host a Shutterpaws event so we can pursue our mission of helping connect fur suiters and photographers, and we’re blown away with the amount of support we’ve received from our community partners,” says Zayre.
Shutterpaws plans to do more events for anyone in the DMV who is interested.
Their next event in collaboration with DC Fur Meet will take place at Pitchers (2317 18th St., N.W.) on Saturday. Visit Shutterpaws’ website for more information.
Delaware
Republican challenger misgenders McBride during forum, forced to leave
Jewish Federation of Delaware hosted event on Thursday
Republican “Dr. Joe” Arminio, the Republican nominee for the First State’s at-large U.S. House of Representatives seat, attempted to misgender the the country’s first and only transgender member of Congress while at a forum on Thursday.
This story was first broken by WDEL out of Wilmington, Del.
Arminio used the terms “his” and later “gentleman” when referring to U.S. Rep. Sarah McBride (D-Del.) during his time on the mic before he was asked to leave the forum, hosted by the Jewish Federation of Delaware at the Siegel Jewish Community Center in Talleyville on Thursday night.
At that point, the crowd of about 100 people largely started booing Arminio, who then finished, “I would like to show respect to the speaker, that would be nice.”
The first time Republican US House candidate “Dr. Joe” Arminio referred to Rep. Sarah McBride (D) as a man during Thursday’s debate at the Siegel Jewish Community Center in Talleyville. He was warned for his comment. #netde https://t.co/j4EaMOL84W
— Sean Greene (@SeanGreeneWDEL) September 18, 2026
Moderator Ken Grant waited until Arminio was finished, then said, “this is your final warning, if you fail to show respect to anyone else on this stage, you’ll be asked to leave.”
During the answer to his next question at the forum, Arminio responded to what he called an “error.”
“I committed an error before, and I do acknowledge it,” Arminio said. “It’s not the first error I’ve made in this campaign, or at any point in my future life.”
Despite the apology and acknowledgement that he had committed what was, at the very least, a social taboo, he did it again 12 minutes later.
While talking about rising healthcare costs being a “catastrophe,” Arminio pointed to U.S. Sen. Chris Coons (D-Del.) and McBride.
“The reason it is is because gentlemen like the two up here with me in the Democratic Party, and the Republican Party … ” Arminio said.
Despite his direct attacks on McBride’s gender identity, she responded to the situation with grace, attempting to intervene to allow Arminio to still have a chance to speak despite not heeding the moderator’s warnings.
“I don’t want this gentleman to not have the ability … ,” McBride began.
However, Republican Senate candidate Michael Katz interrupted her shortly before Arminio was removed from the forum, which was meant to inform the Delaware electorate on the candidates’ issues.
Katz had his opening statement next and directly condemned Arminio’s comments.
“I would like to apologize to everybody here and everybody else on this stage. As a physician, I believe in our common humanity and respect for each other. I feel that pain over those comments, and my apologies.”
Following the forum, Katz called for Arminio to exit the race via social media.
“Those who seek to represent Delaware must demonstrate integrity, judgment, decency, and respect — even toward people with whom they profoundly disagree,” Katz’s post read on Facebook. “For these reasons, I am calling on Joseph Arminio to withdraw his candidacy for the United States House of Representatives.”
This is not the first time McBride has been the victim of misgendering.
In 2025, House Foreign Affairs Committee Chair Rep. Keith Self (R-Texas) introduced the sole representative from Delaware as “Mr. McBride” during a meeting.
This is also not the first time McBride has faced vitriol from the other side of the aisle — both in terms of personal and legislative attacks on her trans identity.
In 2025, the House voted to ban trans girls and women from playing school sports with other girls, while U.S. Rep. Nancy Mace (R-S.C.) pushed for legislation barring trans women from using women’s bathrooms.
House Speaker Mike Johnson (R-La.) instituted a similar rule barring McBride — and all other trans women — from women’s restrooms on Capitol Hill.
McBride has also been a vocal opponent of Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. The directive prohibits the federal government from recognizing the gender identity of trans people.
She has criticized Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which would ban trans service members from serving in the Armed Forces. The directive is still being challenged in the courts to determine its constitutional legitimacy, but it has been allowed to remain in effect as the judicial system considers its legality.
The Washington Blade sat down with McBride in May to reflect on a tense year for LGBTQ politics, where she, in typical McBride fashion, answered questions about the hate she has received.
“Our politics are too often defined by hate,” McBride told the Blade. “I’m glad Delaware and Delawareans are showing that a different kind of politics is possible.”
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