Local
Md. sodomy law used in bookstore arrests of gay men still on books
Only one of two separate sodomy laws repealed in 2020
In a little-noticed development, the Maryland General Assembly agreed to requests by Republican lawmakers to delete one of the state’s two separate sodomy laws from a sodomy law repeal bill that it approved in March of 2020, leading most LGBTQ activists into incorrectly believing the full sodomy law had been repealed.
According to Maryland House of Delegates member David Moon (D-Montgomery County), who introduced the repeal bill in the state House, which approved the bill on Feb. 20, 2020, the Democratic-controlled Senate Judicial Proceedings Committee voted unanimously to pass an amendment that deleted from the bill a provision calling for the repeal of Maryland’s Criminal Code Section 3-322, which is known as the Unnatural or Perverted Sexual Practice Act.
The act criminalizes oral sex in all possible circumstances, including between consenting adults.
It states, “A person may not: take the sexual organ of another or of an animal in the person’s mouth; place the person’s sexual organ in the mouth of another or of an animal; or commit another unnatural or perverted sexual practice with another or with an animal.”
The offense of violating the act is listed as a misdemeanor but includes a penalty of up to 10 years in prison or a fine not exceeding $1,000 or both upon conviction of the offense.
During its deliberations in March 2020, the Senate Judicial Proceedings Committee, while deleting the Unnatural or Perverted Sexual Practice Act from the repeal bill, left in place the provision in the bill that called for repealing Maryland’s criminal Code Section 3-321, which criminalizes “sodomy” between consenting adults as a felony with a penalty of up to 10 years in prison upon conviction.
Supporters of the original repeal bill say the two statutes each criminalize same-sex sexual relations between consenting adults and the repeal of one of them and not the other leaves on the books a statute that stigmatizes LGBTQ people even if the law is not enforced.
Supporters of the original bill also pointed out that separate, existing Maryland laws strictly prohibit acts of cruelty to animals as well as any non-consensual sexual acts, including same-sex rape and sex between adults and juveniles. This meant that repealing the Unnatural or Perverted Sexual Practice Act would not prevent anyone engaging in sexual assault, sex with minors, or abuse of animals from being arrested and prosecuted to the full extent of the law.
Among those who supported that assessment in testimony before the committee was Lisae Jordan, executive director of the Maryland Coalition Against Sexual Assault.
But despite these assurances, which were further confirmed at the Judicial Proceedings Committee hearing by Maryland’s Assistant Attorney General Carrie J. Williams, Republican members of the committee, including Sen. Michael Hough (R-Frederick & Carroll Counties) raised strong objections to repealing any existing statute that might be used to prosecute someone engaging in sexual assault or pedophilia.
Sources familiar with the committee have speculated that Hough’s strong hints that he would hold anyone who voted for the full repeal responsible for an inability to prosecute sexual assault and sex with minors as well as incidents of cruelty to animals may have “spooked” the Democrats on the committee to back the amendment.
Sen. William Smith (D-Montgomery County), who chairs the committee; Sen. Jeff Waldstreicher (D-Montgomery County), the committee’s vice chair; and committee members Sen. Shelly Hettleman (D-Baltimore County) and Sen. Susan Lee (D-Montgomery County) did not respond to requests by the Blade for comment on why they voted for the amendment to remove the Unnatural and Perverted Sexual Practice Act from the repeal bill.
Each of them has been supportive on LGBTQ rights on other legislation that has come before the Maryland General Assembly. Lee, for example, introduced a sodomy law repeal bill several years earlier that failed to pass.
The other members of the committee that voted to remove the Unnatural or Perverted Sexual Practice Act from the repeal bill included Sens. Ronald Young (D-Frederick County), Charles Sydnor (D-Baltimore City & Baltimore County), Jill Carter (D-Baltimore City), Robert Cassilly (R-Harford County), Chris West (R-Baltimore County), Justin Ready (R-Carroll County), and Michael Hough (R-Frederick & Carroll Counties).
Moon said the full Maryland Senate quickly approved the committee’s amended bill that repealed the sodomy law but did not repeal the Unnatural or Perverted Sexual Practice Act. He noted the committee’s approval by a unanimous vote came just as the Maryland General Assembly’s 2020 legislative session was coming to an end one month earlier than usual due to restrictions related to the COVID pandemic.
With just one day left before the legislative session was to adjourn for the year on March 18, 2020, Moon said the House of Delegates, which had passed the full repeal version of the bill by a vote of 133 to 5 on Feb. 20, 2020, had a choice of accepting the Senate version or letting the bill die. He said House members decided to approve the Senate bill, with the vote taking place March 18.
“Basically, that change was made in the last day of the pandemic legislative session,” Moon told the Blade. “And so, it was a take it or leave it situation. So, we went ahead and struck the sodomy part out, and here we are,” he said.
He noted that the truncated legislative session did not provide time for the Senate version of the bill to come before a House-Senate conference committee, where supporters of the original bill could have pushed for rejecting the Senate version and sought approval of the House version.
“The next year the Unnatural or Perverted Sex Practice law is being used exactly in the manner we were trying to stop it from being used,” he said, referring to the May 20 raid on Bush River Books & Video store, in which four of the arrested men were charged with Perverted Sexual Practice.
Moon said he plans to introduce another repeal bill at the start of the General Assembly’s legislative session in January 2022 calling for the full repeal of the Unnatural or Perverted Sexual Practice Act. Supporters of Moon’s original bill in 2020, including the Maryland LGBTQ advocacy group Free State Justice, say they will push hard for passage of Moon’s bill next year.
The 2003 U.S. Supreme Court ruling in Lawrence v. Texas, which declared state sodomy laws unconstitutional, and other court rulings impacting Maryland made the two Maryland sodomy statutes theoretically unenforceable for consenting adults. But attorneys familiar with the two statutes have said police have made arrests and prosecutors sometimes have attempted to prosecute mostly men, including gay men, charged under the laws in the years following the court rulings.
The most recent known arrests took place on May 20 of this year, when Harford County, Md., Sheriff’s deputies arrested nine men during the raid on the adult Bush River Books & Video store in the town of Abingdon. Four of the men were charged with “Perverted Sexual Practice.” The store is located 25 miles north of Baltimore.
One of the men charged with Unnatural or Perverted Sexual Practice was also charged with indecent exposure. Another four were charged with indecent exposure and one of the men was charged with solicitation of prostitution.
A friend of one of the men charged with indecent exposure told the Blade his friend was with another adult male inside an enclosed video room with a locked door when Sheriff’s Office deputies opened the door with a key obtained from the store and placed the two men in handcuffs as they were arrested.
The friend and others familiar with the arrests said the arrested men spent the night in jail before they were released in the morning and appeared in court. Several of the cases are scheduled for trial on Aug. 2 in Harford County District Court.
Greg Nevins, an attorney who serves as senior counsel for the national LGBTQ litigation group Lambda Legal, said lower court rulings that apply to Maryland and other states, in addition to the U.S. Supreme Court’s Lawrence decision overturning state sodomy laws, have left it largely up to individual trial court judges to interpret these rulings to determine whether consensual sexual activity under sodomy or indecent exposure laws took place in a “private” or “public” setting.
Most of the court rulings declaring sodomy laws unconstitutional have limited those rulings to consensual, non-commercial sexual activity conducted in a private setting.
But according to Nevin, at least one ruling by the U.S. Court of Appeals for the Fourth Circuit, which includes Maryland, had the effect of making the Maryland Unnatural and Perverted Sexual Practice statute unenforceable for consenting adults regardless of whether alleged sexual activity takes place in a private or public place.
Nevin and other attorneys have said reports that some of the arrests at the Bush River Books & Video store in Harford County involving Sheriff’s Deputies opening locked private video rooms, where men allegedly were engaging in sexual activity, should be considered private spaces like a rented hotel room.
The owner or a representative of Bush River Books & Video store has not responded to requests by the Blade for comment.
Virginia
Va. activists preparing campaign in support of repealing marriage amendment
Referendum about ‘dignity and equal protection under the law’
Virginia voters in November will vote on whether to repeal their state’s constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Feb. 6 signed House Bill 612 into law. It facilitates a referendum for voters to approve the repeal of the 2006 Marshall-Newman Amendment. Although the U.S. Supreme Court’s Obergefell ruling extended marriage rights to same-sex couples across the country in 2014, codifying marriage equality in Virginia’s constitution would protect it in the state in case the decision is overturned.
Maryland voters in 2012 approved Question 6, which upheld the state’s marriage equality law, by a 52-48 percent margin. Same-sex marriage became legal in Maryland on Jan. 1, 2013.
LGBTQ advocacy groups and organizations that oppose marriage equality mounted political campaigns ahead of the referendum.

Equality Virginia has been involved in advancing LGBTQ rights in Virginia since 1989.
Equality Virginia is working under its 501c3 designation in conjunction with Equality Virginia Advocates, which operates under a 501c4 designation, to plan campaigns in support of repealing the Marshall-Newman Amendment.
The two main campaigns on which Equality Virginia will be focused are education and voter mobilization. Reed Williams, the group’s director of digital engagement and narrative, spoke with the Washington Blade about Equality Virginia’s plans ahead of the referendum.
Williams said an organization for a “statewide public education campaign” is currently underway. Williams told the Blade its goal will be “to ensure voters understand what this amendment does and why updating Virginia’s constitution matters for families across the commonwealth.”
The organization is also working on a “robust media and voter mobilization campaign to identify and turn out voters” to repeal Marshall-Newman Amendment. Equality Virginia plans to work with the community members to guarantee voters are getting clear and accurate information regarding the meaning of this vote and its effect on the Virginia LGBTQ community.
“We believe Virginia voters are ready to bring our constitution in line with both the law and the values of fairness and freedom that define our commonwealth,” said Equality Virginia Executive Director Narissa Rahaman. “This referendum is about ensuring loving, committed couples and their families are treated with dignity and equal protection under the law.”
The Human Rights Campaign has also worked closely with Equality Virginia.
“It’s time to get rid of outdated, unconstitutional language and ensure that same sex couples are protected in Virginia,” HRC President Kelley Robinson told the Blade in a statement.
District of Columbia
D.C. police arrest man for burglary at gay bar Spark Social House
Suspect ID’d from images captured by Spark Social House security cameras
D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.
“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.
The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.
“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.
Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.
According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m.
Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.
When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.
A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.
D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained.
District of Columbia
Judge rescinds order against activist in Capital Pride lawsuit
Darren Pasha accused of stalking organization staff, board members, volunteers
A D.C. Superior Court judge on Feb.18 agreed to rescind his earlier ruling declaring local gay activist Darren Pasha in default for failing to attend a virtual court hearing regarding an anti-stalking lawsuit brought against him by the Capital Pride Alliance, the group that organizes D.C.’s annual Pride events.
The Capital Pride lawsuit, initially filed on Oct. 27, 2025, accuses Pasha of engaging in a year-long “course of conduct” of “harassment, intimidation, threats, manipulation, and coercive behavior” targeting Capital Pride staff, board members, and volunteers.
In his own court filings without retaining an attorney, Pasha has strongly denied the stalking related allegations against him, saying “no credible or admissible evidence has been provided” to show he engaged in any wrongdoing.
Judge Robert D. Okum nevertheless on Feb. 6 approved a temporary stay-away order requiring Pasha to stay at least 100 feet away from Capital Pride’s staff, volunteers, and board members until the time of a follow-up court hearing scheduled for April 17. He reduced the stay-away distance from 200 yards as requested by Capital Pride.
In his two-page order issued on Feb. 18, Okun stated that Pasha explained that he was involved in a scooter accident in which he was injured and his phone was damaged, preventing him from joining the Feb. 6 court hearing.
“Therefore, the court finds there is a good cause for vacating the default,” Okun states in his order.
At the time he initially approved the default order at the Feb. 6 hearing that Pasha didn’t attend, Okun scheduled an April 17 ex parte proof hearing in which Capital Pride could have requested a ruling in its favor seeking a permanent anti-stalking order against Pasha.
In his Feb. 18 ruling rescinding the default order Okun changed the April 17 ex parte proof hearing to an initial scheduling conference hearing in which a decision on the outcome of the case is not likely to happen.
In addition, he agreed to consider Pasha’s call for a jury trial and gave Capital Pride 14 days to contest that request. The Capital Pride lawsuit initially called for a non-jury trial by judge.
One request by Pasha that Okum denied was a call for him to order Capital Pride to stop its staff or volunteers from posting information about the lawsuit on social media. Pasha has said the D.C.-based online blog called DC Homos, which Pasha claims is operated by someone associated with Capital Pride, has been posting articles portraying him in a negative light and subjecting him to highly negative publicity.
“The defendant has not set forth a sufficient basis for the court to restrict the plaintiff’s social media postings, and the court therefore will deny the defendant’s request in his social media praecipe,” Okun states in his order.
A praecipe is a formal written document requesting action by a court.
Pasha called the order a positive development in his favor. He said he plans to file another motion with more information about what he calls the unfair and defamatory reports about him related to the lawsuit by DC Homos, with a call for the judge to reverse his decision not to order Capital Pride to stop social media postings about the lawsuit.
Pasha points to a video interview on the LGBTQ Team Rayceen broadcast, a link to which he sent to the Washington Blade, in which DC Homos operator Jose Romero acknowledged his association with Capital Pride Alliance.
Capital Pride Executive Director Ryan Bos didn’t immediately respond to a message from the Blade asking whether Romero was a volunteer or employee with Capital Pride.
Pasha also said he believes the latest order has the effect of rescinding the temporary stay away order against him approved by Okun in his earlier ruling, even though Okun makes no mention of the stay away order in his latest ruling. Capital Pride attorney Nick Harrison told the Blade the stay away order “remains in full force and effect.”
Harrison said Capital Pride has no further comment on the lawsuit.
