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Olson, Boies join Virginia marriage lawsuit

Lawyers argued against Proposition 8 before the U.S. Supreme Court

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David Boies, Ted Olson, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade
David Boies, Ted Olson, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

Ted Olson and David Boies (Washington Blade photo by Michael Key)

The American Federation of Equal Rights on Sunday announced the lawyers who argued against California’s Proposition 8 before the U.S. Supreme Court will join a federal lawsuit that seeks to overturns Virginia’s same-sex marriage ban.

The Washington Post first reported attorneys representing Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond asked Ted Olson and David Boies to join the case. The plaintiffs joined one of their lawyers, Tom Shuttleworth, AFER Executive Director Adam Umhoefer and Human Rights Campaign President Chad Griffin at a press conference that took place at the National Press Club in downtown D.C. on Monday

“I’m a Virginian,” Olson said, referring to the fact that Thomas Jefferson and many of the country’s other founding fathers are from the commonwealth. “Of all places in the United States, Virginia should recognize the rights of equality. Men and women in that state have the same basic fundamental underlying freedoms that everyone in America has.”

“This case is about liberty,” Boies added. “It’s about the pursuit of happiness. It’s about the inalienable right of every individual to marry the person who they love.”

Carol Schall, Mary Townley, gay marriage, same-sex marriage, marriage equality, Virginia

Carol Schall (left) with Mary Townley and their daughter Emily. (Washington Blade photo by Michael Key)

Bostic and London, who have been together for 24 years, in July filed a federal lawsuit that challenges Virginia’s gay nuptials ban after the Norfolk Circuit Court denied them a marriage license. Towning and Schall, who have been together for 30 years and married in California in 2008, joined the Norfolk couple’s case earlier this month when their lawyers filed an amended lawsuit.

“We aren’t asking for special privileges or treatment,” Towning said at the National Press Club press conference as she stood alongside Schall and their 15-year-old daughter Emily. “We just want to be the same as everyone else to be married.”

Bostic told reporters his family’s Virginia roots date back to before the Declaration of Independence.

“I also stand before you as an individual who has and continues to be discriminated against by my home state because of who I am and who I love,” he said.

Neighboring Maryland is among the 13 states and D.C. in which same-sex couples can legally marry.

Virginia voters in 2006 approved a state constitutional ban on same-sex marriage, but Olson and Boies’ decision to join this case comes as the issue of nuptials for gays and lesbians continues to gain traction across the country after the U.S. Supreme Court in June struck down Prop 8 and a portion of the Defense of Marriage Act.

The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia last month filed a class action federal lawsuit against Virginia’s gay nuptials ban on behalf of two lesbian couples from Richmond and Staunton who had been denied marriage licenses. The ACLU in July formally challenged Pennsylvania’s statutory gay marriage ban on behalf of 10 same-sex couples and a lesbian widow.

New Jersey Gov. Chris Christie on Friday said he’d appeal a judge’s ruling that said the state must allow gays and lesbians to marry. An Illinois judge on the same day said two lawsuits that challenge the state’s same-sex marriage ban can proceed.

Gay couples in New Mexico and Ohio have also filed lawsuits seeking marriage rights.

Lambda Legal, the ACLU and the ACLU of Virginia on Monday filed a motion with the U.S. District Court for the Western District of Virginia in Harrisonburg that seeks an expedited judgment in their case that challenges the commonwealth’s same-sex marriage ban.

“Virginians denied the freedom to marry have no meaningful legislative path to gain the same protections for their families as other loving committed couples,” ACLU of Virginia Executive Director Claire Guthrie Gastañaga said. “That’s why we’ve had to ask the federal court to overturn Virginia’s sweeping bans on recognizing same-sex relationships. We shouldn’t have to go to federal court to get Virginia to do what’s right.”

Gay state Sen. Adam Ebbin (D-Alexandria) is among those who applauded Olson and Boies’ decision to join the case.

“It is not a question of whether marriage equality will come to Virginia; it is a question of when,” he said in a statement in which he also praised Lambda Legal, the ACLU and the ACLU of Virginia for challenging the commonwealth’s same-sex marriage ban. “This is the time for Virginia to wake up from history–as Jefferson said, ‘laws and institutions must go hand in hand with the progress of the human mind.'”

“This team brings years of experience advocating for the rights of gay and lesbian couples and will only help to ensure that all Virginians will soon be able to enjoy the freedom to marry,” James Parrish, executive director of Equality Virginia, added. “As we continue our work to change hearts and minds throughout the state, we will closely monitor both this lawsuit and the one filed by the ACLU and Lambda Legal.”

Tucker Martin, a spokesperson for Gov. Bob McDonnell, defended the gay nuptials prohibition.

“The voters of Virginia passed a constitutional amendment in 2006 defining marriage in the commonwealth as being only a union of one man and one woman,” Martin said. “It is the law in this state based on the popular will of the voters as expressed at the ballot box.”

Attorney General Ken Cuccinelli did not immediately return the Washington Blade’s request for comment. He did reaffirm his opposition to marriage rights for gays and lesbians as he squared off against former Democratic National Committee Chair Terry McAuliffe during the latest gubernatorial debate that took place in McLean on September 25.

“I understand and respect the fact that this is a sensitive issue to a lot of Virginians,” Cuccinelli said. “But I’m one of those who do believe that the institution of marriage should remain between one man and one woman.”

Both Olson and Umhoefer noted during the AFER press conference that the U.S. Supreme Court in 1967 struck down the commonwealth’s interracial marriage ban in its landmark Loving v. Virginia decision.

“We’re hoping that the case in Virginia is the beginning of the end,” Boies said, referring to the movement for marriage rights for same-sex couples after the U.S. Supreme Court found Prop 8 and the Defense of Marriage Act unconstitutional. “The citizens of Virginia, no less than the citizens of California are entitle to marry the person they love.”

Boies told the Blade he and Olson decided to join the case Bostic and London and Schall and Townley filed because it was the first one in the commonwealth to “establish marriage equality.” Greg Nevins of Lambda Legal said after the AFER press conference that Boies and Olson’s involvement in legal efforts to extend marriage rights to gays and lesbians in Virginia “can only be a good thing.”

“We’re happy to collaborate and work with anyone who shares this goal,” Nevins said.

Boies also told the Blade he would like to see President Obama intervene in the Virginia marriage case of which he and Olson are now a part as the Justice Department did in the Prop 8 lawsuit.

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Maryland

What Anne Arundel County school board candidates think about book bans

State lawmakers passed Freedom to Read Act in April

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Parents in some Maryland school districts have organized campaigns to restrict the kinds of books allowed in school libraries. (Photo by Kylie Cooper/Baltimore Banner)

BY ROYALE BONDS | Parents’ efforts to restrict content available to students in school libraries has become a contentious issue in Maryland. Conservative parent groups, such as Moms for Liberty, have been working to get books they believe are inappropriate removed from libraries in Carroll and Howard counties, sparking protests, new policies, and even a state law.

The Freedom to Read Act, passed in April, sets standards that books cannot be removed from public and school libraries due to an author’s background. Library staff that uphold the standard are protected under this act. The law, however, does not prohibit removing books deemed “sexually explicit,” the stated reason local Moms for Liberty chapters challenged school library books.

The rest of this article can be read on the Baltimore Banner website.

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District of Columbia

D.C. Council member proposes change for Mayor’s Office of LGBTQ Affairs

Parker also seeks increased funding for LGBTQ programs in FY 2025 budget

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D.C. Council member Zachary Parker (D-Ward 5) (Washington Blade file photo by Michael Key)

D.C. Council member Zachary Parker (D-Ward 5), the Council’s only LGBTQ member, has asked his fellow Council members to support a proposal to change the Mayor’s Office of LGBTQ Affairs to become a “stand-alone entity outside the Executive Office of the Mayor to allow for greater transparency and accountability that reflects its evolution over the years.”

In an April 30 letter to each of his 12 fellow Council members, Parker said he plans to introduce an amendment to the city’s Fiscal Year 2025 Budget Support Act to make this change for the LGBTQ Affairs Office.

His letter also calls for adding to the city’s FY 2025 budget two specific funding proposals that local LGBTQ activists submitted to D.C. Mayor Muriel Bowser that the mayor did not include in her budget proposal submitted to the Council. One calls for $1.5 million to fund the completion of the build out and renovation for the D.C. Center for the LGBTQ Community’s new building in the city’s Shaw neighborhood and $300,000 in subsequent years to support the LGBTQ Center’s operations.

Parker’s second budget proposal calls for what he said was about $450,000 to fund 20 additional dedicated LGBTQ housing vouchers as part of the city’s existing program to provide emergency housing support for LGBTQ residents and other residents facing homelessness.

“The Office of LGBTQ+ Affairs currently manages about 90 vouchers across various programs and needs,” Parker said in his letter to fellow Council members. “Adding an additional 20 vouchers will cost roughly $450,000,” he wrote, adding that dedicated vouchers “play a crucial role in ensuring LGBTQ+ residents of the District can navigate the complex process of securing housing placements.”

In her proposed FY ’25 budget, Bowser calls for a 7.6 percent increase in funding for the Office of LGBTQ Affairs, which amounts to an increase of $132,000, bringing the office’s total funding to $1.7 million.

“To be clear, I support the strong work and current leadership of the Office of LGBTQ+ Affairs,” Parker says in his letter to fellow Council members. “This push for change is in recognition of the office’s notable achievements and the significant demands being placed on it, which require a greater level of accountability.”

Parker told the Blade in an April 30 telephone interview that he believes Japer Bowles, the current director of the Office of L|GBTQ Affairs is doing an excellent job in operating the office, but he believes the office would be able to do more for the LGBTQ community under the change he is proposing.

“Making it a stand-alone office versus it being clustered within the Community Affairs division of the mayor’s office, it will get more attention,” Parker told the Blade. “The leadership will have greater flexibility to advocate for the interest of LGBTQ residents, And we will be able to conduct greater oversight of the office,” he said, referring to the Council’s oversight process.

Parker noted that other community constituent offices in the mayor’s office, including the Office of Latino Affairs and the Office of Veterans Affairs are stand-alone offices that he hopes to bring about for the LGBTQ Affairs Office. He said Council member Brianne Nadeau, who chairs the Council committee that has oversight for the LGBTQ Affairs Office, has expressed support for his proposal.

Also expressing support for Parker’s proposal to make the LGBTQ Affairs Office a stand-alone office is the D.C. Advisory Neighborhood Commission Rainbow Caucus. Vincent Slatt, the caucus’s chairperson, submitted testimony last week before the D.C. Council Committee on Public Works and Operations, which is chaired by Nadeau, calling for making the LGBTQ Affairs Office a stand-alone office outside the Executive Office of the Mayor.

Slatt also stated in his testimony that the office has a “chronic staffing shortage” and recommended that at least three additional staff members be assigned to the office.

Daniel Gleick, the mayor’s press secretary, told the Blade the mayor’s office is reviewing Parker’s budget proposals, including the proposed change for the Office of LGBTQ Affairs.

But in testimony at a May 1, D.C. Council budget hearing before the Council’s Committee on Executive Administration and Labor, Lindsey Parker, Mayor Bowser’s Chief of Staff, appeared to express skepticism over making the LGBTQ Affairs office a stand-alone office. Lindsey Parker expressed her thoughts on the proposed change when asked about it by Councilmember Anita Bonds (D-At-Large), who chairs the committee that held the hearing.

“I would proffer that it doesn’t matter whether the agency is within the EOM [Executive Office of the Mayor] or not,” Lindsey Parker told Bonds. “They will still be reporting up into one would argue the most important agency in the D.C. government, which is the one that supports the mayor,” Lindsey Parker said. “So, it’s the closest to the mayor that you can get,” she said “So, you could pull it out and have a different budget chapter. I actually think that’s confusing and convoluted.”

Lindsey Parker added, “The Mayor’s Office of LGBTQ Affairs, with their six FTEs right now, if they were a stand-alone function they wouldn’t have all the non-personnel services in order to operate. They need to be under sort of the shop of the EOM in order to get those resources.” 

By FETs Lindsey Parker was referring to the term Full Time Equivalent employees.  

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Rehoboth Beach

Former CAMP Rehoboth official sentenced to nine months in prison

Salvator Seeley pleaded guilty to felony theft charge for embezzlement

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Salvator Seeley (Photo courtesy CAMP Rehoboth)

Salvator “Sal” Seeley, who served as an official with the Rehoboth Beach, Del., CAMP Rehoboth LGBTQ community center for 20 years, was sentenced on April 5 by a Sussex County Superior Court judge to nine months in prison and to pay $176,000 in restitution to the organization.

The sentencing took place about five weeks after Seeley pleaded guilty to a charge of Theft in Excess of $50,000 for allegedly embezzling funds from CAMP Rehoboth, a spokesperson for the Delaware Department of Justice told the Washington Blade.

Seeley’s guilty plea came shortly after a grand jury, at the request of prosecutors, indicted him on the felony theft charge following an investigation that found he had embezzled at least $176,000 from the nonprofit LGBTQ organization.

“Salvatore C. Seeley, between the 27th day of February 2019 and the 7th day of September 2021, in the County of Sussex, State of Delaware, did take property belonging to CAMP Rehoboth, Inc., consisting of United States currency and other miscellaneous property valued at more than $50,000, intending to appropriate the same,” the indictment states.

“The State recommended a sentence of two years of incarceration based on the large-scale theft and the impact to the non-profit organization,” Delaware Department of Justice spokesperson Caroline Harrison told the Blade in a statement.

“The defense cited Seeley’s lack of a record and gambling addiction in arguing for a probationary sentence,” the statement says. “Seeley was sentenced in Superior Court to a nine-month prison term and to pay a total of $176,000 in restitution for the stolen funds,” Harrison says in the statement.

Neither Seeley nor his attorney could immediately be reached for comment.

At the time of Seeley’s indictment in February, CAMP Rehoboth released a statement saying it first discovered “financial irregularities” within the organization on Sept. 7, 2021, “and took immediate action and notified state authorities.” The statement says this resulted in the investigation of Seeley by the state Department of Justice as well as an internal investigation by CAMP Rehoboth to review its “financial control policies” that led to an updating of those policies.

“As we have communicated from day one, CAMP Rehoboth has fully cooperated with law enforcement,” the statement continues. “At its request, we did not speak publicly about the investigation while it was ongoing for fear it would jeopardize its integrity,” according to the statement. “This was extremely difficult given our commitment to transparency with the community about day-to-day operations during the recent leadership transition.”

The statement was referring to Kim Leisey, who began her job as CAMP Rehoboth’s new executive director in July of 2023, while the Seeley investigation had yet to be completed, following the organization’s process of searching for a new director. It says Seeley left his job as Health and Wellness Director of CAMP Rehoboth in September of 2021 after working for the organization for more than 20 years.

“Mr. Seeley’s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve,” the statement says.

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