Local
Va. high court rejects gay man’s appeal
Court says it can’t help in discrimination case
The Virginia Supreme Court has denied a gay man’s effort to obtain restitution after he allegedly was forced to resign from his job at a state museum because of his sexual orientation.
In a two-paragraph notice issued May 17, the state’s high court said it wouldn’t hear the case of Michael Moore v. Virginia Museum of Natural History because there’s nothing in the situation the justice system could rectify.
“Upon review of the record in this case and consideration of the argument submitted in support of and in opposition to the granting of an appeal, the Court is of opinion there is no reversible error in the judgment complained of,” the notice states. “Accordingly, the court refuses the petition for appeal.”
The notice says that Justice Williams Mims took no part in considering the case.
Last month’s petition denial is the result of a process that began when Moore allegedly was forced to resign his position as public relations associate at the Virginia Museum of Natural History in Martinsville, Va., in November 2006 because of his sexual orientation.
On appeal to Virginia’s high court, Moore also contended his dismissal violated his rights under the U.S. Constitution providing for freedom of religion and equal protection.
Moore, who has since moved to Lakeland, Fla., and is now preparing for law school, said the court decision was disappointing but not unexpected.
“We’ve been dealt blows all along, so I was kind of pessimistic going into it,” he said. “Them having to decide either for me or against me would have just required sweeping change. It should have been the reason they made a decision and they didn’t, so I’m disappointed actually.”
Moore said he plans to appeal the decision to the U.S. Supreme Court based on violation of rights in the U.S. Constitution. He noted that he has 90 days from when Virginia’s high court issued its notice to appeal the case.
In his case, Moore has said his supervisor discovered he was gay and asked him shortly thereafter to resign, even though he was rewarded with satisfactory marks after completing a performance review.
Following his firing, Moore filed a complaint first within the state government and later with the courts based on an executive order from former Gov. Tim Kaine (D) prohibiting job bias against gay employees in the state and public workforce.
But the administration wasn’t able to find restitution for Moore, and the courts have said the executive order didn’t provide a legal basis by which the courts could take action.
Claire Guthrie Gastanaga, general counsel for Equality Virginia, said the failure of the Virginia Supreme Court to take up the case shows the need for the passage of state legislation that would help protect LGBT Virginians against workplace discrimination.
“The bottom line is this decision just demonstrates what we’ve held for years — that LGBT employees don’t have any meaningful law to seek redress for discrimination, and frankly, they don’t have any cause of action under the old executive order, either,” she said.
When he took office this year, Republican Gov. Bob McDonnell didn’t renew the executive order for workplace protection against gays and instead replaced it with a less forceful executive directive.
Gastanaga said if there weren’t any meaningful protections under Kaine’s order, “there really, really isn’t any protection now” under McDonnell’s directive.
Greg Nevins, supervising senior staff attorney for Lambda Legal, called the Virginia Supreme Court case decision “a disappointing result” and said the reasoning for the court’s rejection “isn’t completely clear.”
Still, he said LGBT people have some workplace protections because the U.S. Constitution grants them some rights.
“It doesn’t mean that public employees in Virginia don’t have recourse for discrimination,” he said. “The Equal Protection Clause of the U.S. Constitution does protect state workers from arbitrary discrimination that’s based on sexual orientation.”
Nevins said many courts have found that the Equal Protection Clause protects LGBT people against discrimination in the public workplace, although a U.S. district court in Virginia hasn’t made such a ruling.
“A whole bunch of different courts around the country have said it,” he said. “I don’t really think it’s controversial.”
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
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.
Rehoboth Beach
Former CAMP Rehoboth official sentenced to nine months in prison
Salvator Seeley pleaded guilty to felony theft charge for embezzlement
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.
Maryland
Christian Siriano to serve as grand marshal of Annapolis Pride Parade
Fashion designer is an Annapolis native
BY JOHN-JOHN WILLIAMS IV | He’s conquered fashion week. His designs have slayed the red carpet during award season. And now Christian Siriano is coming home.
The Annapolis native will serve as grand marshal and keynote speaker June 1 for the annual Annapolis Pride Parade and Festival, which is a major coup as the event enters its fourth year.
The rest of this article can be read on the Baltimore Banner’s website.
D.C. Council member proposes change for Mayor’s Office of LGBTQ Affairs
United Methodist Church removes 40-year ban on gay clergy
Republican state AGs challenge Biden administration’s revised Title IX policies
University students have a right to protest
Former CAMP Rehoboth official sentenced to nine months in prison
Md. governor signs Freedom to Read Act
HHS reverses Trump-era anti-LGBTQ rule
4th Circuit rules gender identity is a protected characteristic
PHOTOS: Capital Pride Pageant
