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D.C. marriage officiant, surrogacy bills advance

Controversial provision would allow couples to marry each other

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Muriel Bowser, Ward 4, Washington D.C., D.C. Council, gay news, Washington Blade
Muriel Bowser, Ward 4, Washington D.C., D.C. Council, gay news, Washington Blade

D.C. Council Member Muriel Bowser (D-Ward 4) has expressed concern with a provision in the temporary officiant bill that would allow couples to act as their own officiant. (Washington Blade file photo by Michael Key)

LGBT activists watched with interest last week as the D.C. City Council took steps to advance one bill that would allow more people to perform marriage ceremonies and another that would repeal a little-known city law that prohibits surrogacy parenting.

On Tuesday, June 18, the Councilā€™s Committee of the Whole, which includes all Council members, voted to schedule a first-reading vote on June 26 for the Marriage Officiant Amendment Act of 2013.

The bill, among other things, would authorize same-sex and opposite-sex couples applying for a marriage license to designate a friend, parent, sibling or any other adult as a one-time ā€œtemporary officiantā€ empowered to perform the marriage. The current law limits the selection of the person who can perform a marriage ceremony to licensed clergy members, judges and court employees designated as officiants.

Council member Tommy Wells (D-Ward 6) wrote the bill and co-introduced it with five colleagues, including gay Council members David Catania (I-At-Large) and Jim Graham (D-Ward 1).

In an unexpected development, Council member Muriel Bowser (D-Ward 4), who is a candidate for mayor, exercised her authority to take the bill off the Councilā€™s consent calendar, which would have enabled the Council to approve the bill on June 26 by unanimous consent without a roll call vote.

Bowser expressed concern about a provision in the bill that would allow couples that obtain a marriage license to act as their own officiant and to perform the marriage ceremony themselves. Bowserā€™s action prompted Gay and Lesbian Activists Alliance President Rick Rosendall and National Capital Area ACLU Legal Director Arthur Spitzer to send email messages to each Council member expressing support for the ā€œself-officiationā€ provision. The two urged the Council to retain the provision and to oppose a possible amendment introduced by Bowser to take the provision out of the bill.

Bowser told the Blade she supports the bill and expects to vote for it. But she said she took the bill off the consent agenda to enable her to ask some questions about the self-officiation provision.

ā€œThat one provision, as you know, was not in the introduced version of the bill,ā€ she said. ā€œAnd it is a departure from our witnessed and officiated ceremony for marriage in the District. And itā€™s a very new concept and I wanted to make sure it worksā€¦and that it gives due weight to entering into a marriage.ā€

Bowser said as of early this week she doesnā€™t plan to introduce an amendment on the Council floor to delete the provision. ā€œPersonally I favor that,ā€ she said, referring to marriages performed by a third party officiant. ā€œBut Iā€™m willing to listen to what people want.ā€

Council member Marion Barry (D-Ward 8), who supports the bill, has suggested adding members of the City Council to the list of people authorized to perform a marriage ceremony. Rosendall and Spitzer said they have no objections to Barryā€™s suggestion.

In a separate action, the Councilā€™s Judiciary and Public Safety Committee held a public hearing on June 20 on a revised version of the Surrogacy Parenting Agreement Act of 2013, which was introduced earlier this year by Catania. All 12 of Cataniaā€™s fellow Council members signed on as co-sponsors of the original bill.

The measure, renamed the Collaborative Reproduction Act of 2013, would make it legal for same-sex or opposite-sex couples ā€” or a single intended parent ā€” to arrange for a woman to carry a fertilized egg to term on behalf of the couple or single person. The revised bill includes language that would make the intended couple or single person the legal parents of the child. Current D.C. law prohibits surrogacy arrangements.

The 15-page draft bill discussed at the hearing includes detailed legal provisions that would help potential surrogates and couples seeking a child work out a complex arrangement to compensate the surrogate for direct and indirect costs associated with a pregnancy and the delivery of a baby in a hospital.

Gay rights attorney Nancy Polikoff, an American University law professor, called on the committee to change the bill to include in all its provisions regulations for both a ā€œgestationalā€ and ā€œtraditionalā€ surrogacy. Polikoff noted that the revised bill is mostly limited to addressing gestational surrogacy.

Gestational surrogacy allows the prospective parent or parents to provide a fertilized egg to be implanted in the surrogate. The process for doing this, Polikoff said, involves a medical procedure that could cost more than $100,000, making it difficult or impossible for many prospective parents to afford.

Traditional surrogacy involves the insemination of semen from one of the members of the couple or single person into the surrogate, in which case the surrogate becomes the biological mother of the child.

Polikoff said the draft bill would legalize traditional surrogacy but it lacks the detailed procedural language in the form of a regulation that it includes for gestational surrogacy, which she said is needed to help the ā€œtraditionalā€ surrogate and prospective parents work out a legal agreement.

ā€œWith no such regulation in place, every time a gay male couple wants to conceive and raise a child, and that couple cannot afford gestational surrogacy, they are on their own, as is the woman who agrees to help them become parents,ā€ Polikoff said in her testimony. ā€œI donā€™t think the City Council should leave to their own devices that portion of this cityā€™s population.ā€

Polikoff also called for a new provision in the bill to give a surrogate a short period of time after giving birth to back out of the deal and become the legal parent of and gain custody of the child.

Phillip L. Husband, general counsel for the D.C. Department of Health, who testified on behalf of the administration of Mayor Vincent Gray, said the administration supports the legislation but offered more than two-dozen suggested changes in the billā€™s wording that he said would strengthen the measure and improve the cityā€™s ability to implement it.

The Judiciary and Public Safety Committee must next draft a final version of the bill before the measure goes to the full Council for a vote.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy ā€œthat local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.ā€

Moore on Thursday also signed House Bill 1386, which GLSEN notes will ā€œdevelop guidelines for an anti-bias training program for school employees.ā€

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District of Columbia

Catching up with the asexuals and aromantics of D.C.

Exploring identity and finding community

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Local asexuals and aromantics met recently on the National Mall.

There was enough commotion in the sky at the Blossom Kite Festival that bees might have been pollinating the Washington Monument. I despaired of quickly finding the Asexuals and Aromantics of the Mid-Atlanticā€”I couldnā€™t make out a single asexual flag among the kites up above. I thought to myself that if it had been the Homosexuals of the Mid-Atlantic I wouldā€™ve had my gaydar to rely on. Was there even such a thing as ace-dar?

As it turned out, the asexual kite the group had meant to fly was a little too pesky to pilot. ā€œHave you ever used a stunt kite?ā€ Bonnie, the event organizer asked me. ā€œI bought one. It looked really cool. But I canā€™t make it work.ā€ She sighed. ā€œI canā€™t get the thing six feet off the ground.ā€ The group hardly seemed to care. There was caramel popcorn and cookies, board games and head massages, a game of charades with more than its fair share of PokĆ©mon. The kites up above might as well have been a coincidental sideshow. Nearly two dozen folks filtered in and out of the picnic throughout the course of the day.

But I counted myself lucky that Bonnie picked me out of the crowd. If thereā€™s such a thing as ace-dar, it eludes asexuals too. The online forum for all matters asexual, AVEN, or the Asexual Visibility and Education Network, is filled with laments: ā€œI donā€™t think itā€™s possible.ā€ ā€œDude, I wish I had an ace-dar.ā€ ā€œIf it exists, I donā€™t have it.ā€ ā€œI think this is just like a broken clock is right twice a day type thing.ā€ What seems to be a more common experience is meeting someone you just click withā€”only to find out later that theyā€™re asexual. A few of the folks I met described how close childhood friends of theirs likewise came out in adulthood, a phenomenon that will be familiar to many queer people. But it is all the more astounding for asexuals to find each other this way, given that asexual people constitute 1.7% of sexual minorities in America, and so merely .1% of the population at large. 

To help other asexuals identify you out in the world, some folks wear a black ring on their middle finger, much as an earring on the right ear used to signify homosexuality in a less welcoming era. The only problem? The swinger communityā€”with its definite non-asexualityā€”has also adopted the signal. ā€œItā€™s still a thing,ā€ said Emily Karp. ā€œSo some people wear their ace rings just to the ace meet-ups.ā€ Karp has been the primary coordinator for the Asexuals and Aromantics of the Mid-Atlantic (AAMA) since 2021, and a member of the meet-up for a decade. She clicked with the group immediately. After showing up for a Fourth of July potluck in the mid-afternoon, she ended up staying past midnight. ā€œWe played Cards against Humanity, which was a very, very fun thing to do. It’s funny in a way thatā€™s different than if we were playing with people that weren’t ace. Some of the cards are implying, like, the person would be motivated by sex in a way that’s absurd, because we know they aren’t.ā€ 

Where so many social organizations withered during the pandemic, the AAMA flourished. Today, it boasts almost 2,000 members on meetup.com. Karp hypothesized that all the social isolation gave people copious time to reflect on themselves, and that the ease of meeting up online made it convenient as a way for people to explore their sexual identity and find community. Online events continue to make up about a third of the groupā€™s meet-ups. The format allows people to participate who live farther out from D.C. And it allows people to participate at their preferred level of comfort: while many people participate much as they would at an in-person event, some prefer to watch anonymously, video feed off. Others prefer to participate in the chat box, though not in spoken conversation.

A recent online event was organized for a discussion of Rhaina Cohenā€™s book, ā€œThe Other Significant Others,ā€ published in February. Cohenā€™s book discusses friendship as an alternative model for ā€œsignificant others,ā€ apart from the romantic model that is presupposed to be both the center and goal of peopleā€™s lives. The AAMA group received the book with enthusiasm. ā€œIt literally re-wired my brain,ā€ as one person put it. People discussed the importance of friendship to their lives, and their difficulties in a world that de-prioritized friendship. ā€œI can break up with a friend over text, and we donā€™t owe each other a conversation,ā€ one said. But there was some disagreement when it came to the bookā€™s discussion of romantic relationships. ā€œIt relegates ace relationships to the ā€˜friendā€™ or ā€˜platonicā€™ category, to the normie-reader,ā€ one person wrote in the chat. ā€œOur whole ace point is that we can have equivalent life relationships to allo people, simply without sex.ā€ (ā€œAlloā€ is shorthand for allosexual or alloromantic, people who do experience sexual or romantic attraction.)

The folks of the AAMA do not share a consensus on the importance of romantic relationships to their lives. Some asexuals identify as aromantic, some donā€™t. And some aromantics donā€™t identify as asexual, either. The ā€œAromanticā€ in the title of the group is a relatively recent addition. In 2017, the group underwent a number of big changes. The group was marching for the first time in D.C. Pride, participating in the LGBTQ Creating Change conference, and developing a separate advocacy and activism arm. Moreover, the group had become large enough that discussions were opened up into forming separate chapters for D.C., Central Virginia, and Baltimore. During those discussions, the group leadership realized that aromantic people who also identified as allosexual didnā€™t really have a space to call their own. ā€œWe were thinking it would be good to probably change the name of the Meetup group,ā€ Emily said. ā€œBut we were not 100% sure. Because [there were] like 1,000 people in the group, and theyā€™re all aces, and itā€™s like, ā€˜Do you really want to add a non-ace person?ā€™ā€ The group leadership decided to err on the side of inclusion. ā€œYou know, being less gatekeep-y was better. It gave them a place to go ā€” because there was nowhere else to go.ā€

The DC LGBT Center now sponsors a support group for both asexuals and aromantics, but it was formed just a short while ago, in 2022. The founder of the group originally sought out the centerā€™s bisexual support group, since they didnā€™t have any resources for ace folks. ā€œThe organizer said, you know what, why donā€™t we just start an ace/aro group? Like, why donā€™t we just do it?ā€ He laughed. ā€œI was impressed with the turnout, the first call. Itā€™s almost like we tapped into, like, a dam. You poke a hole in the dam, and the water just rushes out.ā€ The group has a great deal of overlap with the AAMA, but it is often a personā€™s first point of contact with the asexual and aromantic community in D.C., especially since the group focuses on exploring what it means to be asexual. Someone new shows up at almost every meeting. ā€œAnd Iā€™m so grateful that I did,ā€ one member said. ā€œI kind of showed up and just trauma dumped, and everyone was really supportive.ā€

Since the ace and aro community is so small, even within the broader queer community, ace and aro folks often go unrecognized. To the chagrin of many, the White House will write up fact sheets about the LGBTQI+ community, which is odd, given that when the ā€œIā€ is added to the acronym, the ā€œAā€ is usually added too. OKCupid has 22 genders and 12 orientations on its dating website, but ā€œaromanticā€ is not one of them ā€” presumably because aromantic people donā€™t want anything out of dating. And since asexuality and aromanticism are defined by the absence of things, it can seem to others like ace and aro people are ā€˜missing something.ā€™ One member of the LGBT center support group had an interesting response. ā€œThe space is filled byā€¦ whatever else!ā€ they said.  ā€œWeā€™re not doing a relationship ā€˜without that thing.ā€™ Weā€™re doing a full scale relationship ā€” as it makes sense to us.ā€

CJ Higgins is a postdoctoral fellow with the Alexander Grass Humanities Institute at Johns Hopkins University.

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District of Columbia

Bowser budget proposal calls for $5.25 million for 2025 World Pride

AIDS office among agencies facing cuts due to revenue shortfall

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D.C. Mayor Muriel Bowserā€™s proposed 2025 budget includes a request for $5.25 million in funding to support the 2025 World Pride celebration. (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowserā€™s proposed fiscal year 2025 budget includes a request for $5.25 million in funding to support the June 2025 World Pride celebration, which D.C. will host, and which is expected to bring three million or more visitors to the city.

The mayorā€™s proposed budget, which she presented to the D.C. Council for approval earlier this month, also calls for a 7.6 percent increase in funding for the Mayorā€™s Office of LGBTQ Affairs, which amounts to an increase of $132,000 and would bring the officeā€™s total funding to $1.7 million. The office, among other things, provides grants to local organizations that provide  services to the LGBTQ community.

Among the other LGBTQ-related funding requests in the mayorā€™s proposed budget is a call to continue the annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents ā€œexperiencing homelessness and housing instability.ā€ The budget proposal also calls for a separate allocation of $600,000 in new funding to support a new Advanced Technical Center at the Whitman-Walker Healthā€™s Max Robinson Center in Ward 8.

Among the city agencies facing funding cuts under the mayorā€™s proposed budget is the HIV/AIDS, Hepatitis, Sexually Transmitted Disease, and Tuberculosis Administration, known as HAHSTA, which is an arm of the D.C. Department of Health. LGBTQ and AIDS activists have said HAHSTA plays an important role in the cityā€™s HIV prevention and support services. Observers familiar with the agency have said it recently lost federal funding, which the city would have to decide whether to replace.

ā€œWe werenā€™t able to cover the loss of federal funds for HAHSTA with local funds,ā€ Japer  Bowles, director of the Mayorā€™s Office of LGBTQ Affairs, told the Washington Blade. ā€œBut we are working with partners to identify resources to fill those funding  gaps,ā€ Bowles said.

The total proposed budget of $21 billion that Bowser submitted to the D.C. Council includes about $500 million in proposed cuts in various city programs that the mayor said was needed to offset a projected $700 million loss in revenue due, among other things, to an end in pandemic era federal funding and commercial office vacancies also brought about by the post pandemic commercial property and office changes.

Bowserā€™s budget proposal also includes some tax increases limited to sales and business-related taxes, including an additional fee on hotel bookings to offset the expected revenue losses. The mayor said she chose not to propose an increase in income tax or property taxes.

Earlier this year, the D.C. LGBTQ+ Budget Coalition, which consists of several local LGBTQ advocacy organizations, submitted its own fiscal year 2025 budget proposal to both Bowser and the D.C. Council. In a 14-page letter the coalition outlined in detail a wide range of funding proposals, including housing support for LGBTQ youth and LGBTQ seniors; support for LGBTQ youth homeless services; workforce and employment services for transgender and gender non-conforming residents; and harm reduction centers to address the rise in drug overdose deaths.

Another one of the coalitionā€™s proposals is $1.5 million in city funding for the completion of the D.C. Center for the LGBTQ Communityā€™s new building, a former warehouse building in the cityā€™s Shaw neighborhood that is undergoing a build out and renovation to accommodate the LGBTQ Centerā€™s plans to move in later this year. The coalitionā€™s budget proposal also calls for an additional $300,000 in ā€œrecurringā€ city funding for the LGBTQ Center in subsequent years ā€œto support ongoing operational costs and programmatic initiatives.ā€

Bowles noted that Bowser authorized and approved a $1 million grant for the LGBTQ Centerā€™s new building last year but was unable to provide additional funding requested by the budget coalition for the LGBTQ Center for fiscal year 2025.

ā€œWeā€™re still in this with them,ā€ Bowles said. ā€œWeā€™re still looking and working with them to identify funding.ā€

The total amount of funding that the LGBTQ+ Budget Coalition listed in its letter to the mayor and Council associated with its requests for specific LGBTQ programs comes to $43.1 million.

Heidi Ellis, who serves as coordinator of the coalition, said the coalition succeeded in getting some of its proposals included in the mayorā€™s budget but couldnā€™t immediately provide specific amounts.  

ā€œThere are a couple of areas I would argue we had wins,ā€ Ellis told the Blade. ā€œWe were able to maintain funding across different housing services, specifically around youth services that affect folks like SMYAL and Wanda Alston.ā€ She was referring to the LGBTQ youth services group SMYAL and the LGBTQ organization Wanda Alston Foundation, which provides housing for homeless LGBTQ youth.

ā€œWe were also able to secure funding for the transgender, gender non-conforming workforce program,ā€ she said. ā€œWe also had funding for migrant services that weā€™ve been advocating for and some wins on language access,ā€ said Ellis, referring to programs assisting LGBTQ people and others who are immigrants and arenā€™t fluent in speaking English.

Ellis said that although the coalitionā€™s letter sent to the mayor and Council had funding proposals that totaled $43.1 million, she said the coalition used those numbers as examples for programs and policies that it believes would be highly beneficial to those in the LGBTQ community in need.

 ā€œI would say to distill it down to just we ask for $43 million or whatever, thatā€™s not an accurate picture of what weā€™re asking for,ā€ she said. ā€œWeā€™re asking for major investments around a few areas ā€“ housing, healthcare, language access. And for capital investments to make sure the D.C. Center can open,ā€ she said. ā€œItā€™s not like a narrative about the dollar amounts. Itā€™s more like where weā€™re trying to go.ā€

The Blade couldnā€™tā€™ immediately determine how much of the coalitionā€™s funding proposals are included in the Bowser budget. The mayorā€™s press secretary, Daniel Gleick, told the Blade in an email that those funding levels may not have been determined by city agencies.

ā€œAs for specific funding levels for programs that may impact the LGBTQ community, such as individual health programs through the Department of Health, it is too soon in the budget process to determine potential adjustments on individual programs run though city agencies,ā€ Gleick said.

But Bowles said several of the programs funded in the mayorā€™s budget proposal that are not LGBTQ specific will be supportive of LGBTQ programs. Among them, he said, is the budgetā€™s proposal for an increase of $350,000 in funding for senior villages operated by local nonprofit organizations that help support seniors. Asked if that type of program could help LGBTQ seniors, Bowles said, ā€œAbsolutely ā€“ thatā€™s definitely a vehicle for LGBTQ senior services.ā€

He said among the programs the increased funding for the mayorā€™s LGBTQ Affairs office will support is its ongoing cultural competency training for D.C. government employees. He said he and other office staff members conduct the trainings about LGBTQ-related issues at city departments and agencies.

Bowser herself suggested during an April 19 press conference that local businesses, including LGBTQ businesses and organizations, could benefit from a newly launched city ā€œPop-Up Permit Programā€ that greatly shortens the time it takes to open a business in vacant storefront buildings in the downtown area.

Bowser and Nina Albert, D.C. Deputy Mayor for Planning and Economic Development, suggested the new expedited city program for approving permits to open shops and small businesses in vacant storefront spaces could come into play next year when D.C. hosts World Pride, one of the wordā€™s largest LGBTQ events.

ā€œWhile we know that all special events are important, there is an especially big one coming to Washington, D.C. next year,ā€ Bowser said at the press conference. ā€œAnd to that point, we proposed a $5.25 million investment to support World Pride 2025,ā€ she said, adding, ā€œItā€™s going to be pretty great. And so, weā€™re already thinking about how we can include D.C. entrepreneurs, how weā€™re going to include artists, how weā€™re going to celebrate across all eight wards of our city as well,ā€ she said.

Among those attending the press conference were officials of D.C.ā€™s Capital Pride Alliance, which will play a lead role in organizing World Pride 2025 events.

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