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Big day for gay candidates in N.C.

Brandon, Aiken face uphill fight in bids for Congress

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Marcus Brandon, Clay Aiken, Democratic Party, United States House of Representatives, North Carolina, gay news, Washington Blade
Marcus Brandon, Clay Aiken, Democratic Party, United States House of Representatives, North Carolina, gay news, Washington Blade

Marcus Brandon (left) and Clay Aiken are facing primaries today in North Carolina. (Washington Blade photos by Michael Key)

The outcome of today’s primary in North Carolina will determine whether gay candidates in the state will carry the Democratic banner heading into the congressional mid-term elections.

Two openly gay candidates are on the ballot in congressional races: State Rep. K. Marcus Brandon, who’s running to represent North Carolina’s 12th congressional district, and Clay Aiken, who’s seeking the seat for the state’s 2nd congressional district.

Aiken has faced significant challenges during his congressional bid. Despite the buzz over his celebrity status and distinction as a runner up on “American Idol,” Aiken has raised only $287,000. Meanwhile, his opponent in the primary, former North Carolina commerce secretary Keith Crisco, has raised $680,000.

Crisco has also been hitting Aiken with negative ads. Aiken has touted his work on behalf of children with disabilities, but one Crisco ad with the slogan “No Show Clay” questions his commitment.

The ad asserts that after Aiken was appointed in 2006 to the Presidential Committee for People with Intellectual Disabilities, the singer never showed up to meet with the group. Aiken, who notes his membership on the panel on his campaign website, reportedly said in response he showed up for the first meeting of the group.

Whoever wins the election in the Democratic primary will go on to face Republican incumbent Renee Ellmers (R-N.C.), who’s considered the favorite in the Republican district.

Also facing a challenging primary is Brandon, who if elected could become the first openly gay black member of Congress. He’s in a crowded primary among five Democratic candidates seeking to replace former Rep. Melvin Watt, who left Congress to head the Federal Housing Finance Agency.

State Rep. Alma Adams is considered the front-runner in the race. She’s raised $386,000 compared to the $254,000 that Brandon has raised, although he’s in second in terms of funds raised among the candidates in the crowded field.

The 12th congressional district is heavily Democratic, so whoever wins the Democratic primary will more than likely have the seat secured. But if no candidate secures 40 percent of the vote, which is likely, a run-off election for the top two vote-getters will take place on July 15.

The Gay & Lesbian Victory Fund has endorsed Brandon, but Aiken received no endorsement from the group.

Another race of note is the primary for the Republican nomination to run for U.S. Senate in North Carolina. House Speaker Thom Tillis, obstetrician Greg Brannon, and Baptist pastor Mark Harris are vying for the Republican nomination to challenge Sen. Kay Hagan (D-N.C), who’s considered among the most vulnerable Democrats in the mid-term election.

All the Republican candidates have expressed opposition to same-sex marriage. Hagan, who spoke out against North Carolina’s constitutional ban on same-sex marriage, endorsed marriage equality last year.

As QNotes’ Matt Comer reports, gay representation in the state legislature is also at stake in the primary. Openly gay candidate Ty Turner is among a field of five candidates in the primary State Senate District 40, which is near Charlotte. Gay state candidate Derek Kiszely is running Kim Hanchette in House District 49.

But even if he wins the primary, Kiszely is unlikely to win the general election because he’s running in a Republican district. That means if Turner loses in the primary, the state General Assembly will likely have no gay representation for the first time in 10 years.

Polls opened today at 6:30 a.m. and will close at 7:30 p.m.

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Obituary

Beloved local master gardener Frank Asher dies at 69

Longtime LGBTQ rights advocate also known as actor, artist

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Frank Asher in 2014. (Washington Blade file photo by Michael Key)

Frank Larue Asher, described by friends and family members as an acclaimed urban gardener who operated a nonprofit nursery business in D.C.’s Shaw neighborhood from around 2008 until his retirement in 2018 when he moved to Cumberland, Md., and served on the board of a local museum, died July 15.

His longtime friend Raphael Aguon said his passing followed a years-long battle with cancer.

“He was a master gardener who worked diligently to make beautiful spaces for us passersby to enjoy and be inspired,” Aguon said in a Facebook posting. “Frank was kind, and fierce when it came to advocating for LGBTQ rights,” Aguon wrote. “He was deeply loving, sensitive, intelligent, inquisitive, and wondrously creative.”

A Washington Blade profile on Asher published in 2014 reported he was a native of California who moved to D.C. in 1994 as a conference organizer and a short time later began upgrading “sidewalk tree boxes” near his then Dupont Circle home before taking a job managing a local floral shop.

He next started a local landscaping business called Fairies Crossing that specialized in residential, rooftop, and commercial installations, he told the Blade.

In 2008, Asher opened his nursery called the Old City Farm and Guild in what had been a trash-strewn empty lot across from his then new nearby home in the city’s Shaw neighborhood.

Located at 925 Rhode Island Ave., N.W., the sprawling nursery offered a wide range of plant-related items such as seedlings, flowering plants, vegetable plants, shrubs, soils and compost, and gardening supplies. Described by Asher as a place “where people and plants come together,” the Old City Farm and Guild also became a community gathering place.

The Blade profile on Asher reported it soon began hosting performances by local musicians “in a step-down oval space serving as an amphitheater for outdoor neighborhood dances and movie nights projecting films onto a whitewashed wall.”

Asher stated in online postings that in 2018 he sold his businesses to retire and moved to Cumberland, Md., where, among other things, he served on the board of Gilchrist Museum of the Arts.

At the time of his passing the museum released a statement calling Asher “a talented local artist, a devoted supporter of the museum, a former board member, and, above all, a genuinely kind soul. His passion for the arts and his generosity touched countless lives, leaving a lasting impact on our community.”

Melissa Ryan, Asher’s niece, appeared to highlight Asher’s life as he was known by friends and family members in her own Facebook posting.

“He loved people, animals, and plants, all living things were respected and loved,” she wrote. “He was an actor, an artist, an author, an amazing gardener, heavily involved in his communities, always helping, seeking out needs and doing anything he could to fulfill them.”

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DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit

David Maltinsky was fired after displaying Pride flag at desk

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A gay FBI trainee was fired after displaying a Pride flag at his desk. (Washington Blade photo by Michael Key)

Attorneys for gay former FBI employee David Maltinsky, who was fired from his job as a non-agent employee at the FBI’s Los Angeles Field Office in October 2025 after more than 16 years of service for displaying an LGBTQ Pride flag at his workstation, filed court papers on July 15 opposing a motion by government attorneys to dismiss some but not all of the provisions in his unlawful discrimination lawsuit seeking to overturn the firing.

Maltinsky’s lawsuit, filed in federal court in D.C. on Nov. 19, 2025, states that FBI Director Kash Patel acted illegally by violating Maltinsky’s First Amendment constitutional rights and the U.S. Civil Rights Act of 1964 by ordering his firing on grounds that he “exercised poor judgement with an inappropriate display of political signage” by displaying the Pride flag.

The firing came at a time when Maltinsky successfully completed 16 weeks of the FBI’s 19-week training program at the FBI training academy in Quantico, Va. to become an FBI Special Agent, according to the lawsuit.

In addition to Patel, who took office as FBI director in February 2025 under the Trump administration, the lawsuit names as defendants the FBI itself, Acting U.S. Attorney General Todd Blanche, and the U.S. Department of Justice, which oversees the FBI.

“Defendants discriminated against Maltinsky for engaging in protected speech, for his sexual orientation, and for opposing discrimination – a clear and brazen violation of federal law and the Constitution,” the lawsuit states in an amended complaint filed May 5, 2026.

The Department of Justice, which is representing the FBI in its response to the lawsuit, did not immediately respond to a request from the Washington Blade for comment on the lawsuit and why it is seeking dismissal of some but not all of the lawsuit’s multiple allegations, including its claim that the firing violated Maltinsky’s First Amendment rights.

In its “Partial” motion filed on June 15, 2026, to dismiss some provisions in the lawsuit, the Justice Department through Assistant Attorney General Brett A. Shumate and Associate Branch Director Christopher Hall, stated that the lawsuit fails to provide sufficient evidence that Maltinsky was fired because he is gay.    

“The Amended Complaint contains no factual allegations that Director Patel or any other decisionmaker expressed hostility toward gay employees, relied on Plaintiff’s sexual orientation in making employment decisions, even knew Plaintiff’s sexual orientation or otherwise indicated that Plaintiff’s status as a gay man played any role in the challenged actions,” the motion states.

Based on that, among other things, the motion says the lawsuit’s claim that the firing violated the U.S. Civil Rights Act of 1964 should be dismissed. A 2020 U.S. Supreme Court decision ruled that the 1964 law bans employment discrimination based on sexual orientation and gender identity along with its other categories including race, religion, and gender.  

In its arguments that the decision to fire Maltinsky was illegal, unconstitutional, and unjust, the lawsuit’s amended complaint points out that FBI officials at the Los Angeles Field Office where Maltinsky worked presented the Pride flag to him and gave him full permission to display it at his workstation.  

“The FBI encouraged and honored Maltinsky’s work by awarding him the 2020 Director’s Award For Excellence-Outstanding Service in Diversity and Inclusion,” the lawsuit says. “In 2022, the Attorney General for the Department of Justice awarded Maltinsky the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Program,” it says.

“In special recognition of Maltinsky’s efforts to improve the FBI, in June 2021 LAFO [Los Angeles Field Office] leadership entrusted to Maltinsky two Pride flags that had been flown from the flagpole located in front of the LAFO,” the lawsuit complaint continues. “Maltinsky displayed one of those flags at his workstation.”

Although the lawsuit doesn’t say so directly, all of that happened during the administration of President Joe Biden and previous FBI Director Christopher Wray, who held the director’s position from August 2017 to January 2025, when Donald Trump took office as president.

Nathaniel Zelinsky, one of the attorneys representing Maltinsky regarding the lawsuit, told the Blade that because the Justice Department did not contest the lawsuit’s First Amendment provisions, the case will move forward to the discovery stage, in which he and fellow attorneys can seek and obtain government documents, and most likely go to trial. He said that regardless of whether the judge approves the dismissal of the lawsuit provisions the government has asked for, the other provisions and the case as a whole  will continue.

“And those First Amendment claims are extremely serious,” he said. “The government, by its admission, fired David Maltinsky because they did not like the speech he displayed when he put up the Pride flag that was gifted to him by the FBI,” Zelinsky said. “The federal government cannot discriminate against its workers based on their speech.”      

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Baltimore

The government pressured USA Rugby to ban transgender women. A Baltimore team refused to comply.

Ferals is a women’s-plus team within the Flamingos

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Harper Ockert runs drills with teammates at Utz Field in Patterson Park during rugby practice with her team, the Ferals. (Photo by Jessica Gallagher of the Baltimore Banner)

By KYLE GOON | It was midmorning, and the March winds lashed against the faces of the players on the Ferals rugby team as they suited up at a park in Frederick. The turf was frozen.

Harper Ockert, 24, wrapped her left knee with tape, stabilizing her joint for the jarring hits to come. She had struggled to sleep the night before, but her anxiety was not strictly about the game.

She and her teammates were preparing to defy newly enacted rules set by the sport’s governing body. A nervous energy thrummed in her chest as she considered what her defiance meant.

Ockert is a transgender woman who plays for the Ferals — the women’s-plus team within the Baltimore Flamingos rugby club. Three of her teammates are trans women, too. They had played games for the Ferals before, but this match at Walnut Ridge Park was the team’s first since USA Rugby had shifted its policy to allow only people assigned female at birth to play women’s rugby.

The rest of this article can be found on the Baltimore Banner’s website.

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