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Only one of two separate sodomy laws repealed in 2020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that it approved in March of 2020, leading most LGBTQ activists into incorrectly believing the full sodomy law had been repealed.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
Ghazala Hashmi names Equality Virginia executive director to transition team
Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.
Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.
State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.
“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”
“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”
Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.
Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.
District of Columbia
Capital Pride files anti-stalking complaint against local LGBTQ activist
Darren Pasha denies charge, claims action is linked to Ashley Smith’s resignation
Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27 against local LGBTQ activist and former volunteer Darren Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.
The complaint, which was filed in D.C. Superior Court, was accompanied by a separate motion seeking a court restraining order, preliminary injunction and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”
According to online court records, on Oct. 28, a judge issued an “initial order” setting the date for a scheduling conference for the case on Feb. 6, 2026. As of the end of the business day on Friday, Nov. 7, the judge did not issue a ruling on Capital Pride’s request for an injunction and restraining order
The court records show that on Nov. 5 Pasha filed an answer to the complaint in which he denies all allegations that he targeted Capital Pride officials or volunteers for stalking or that he engaged in any other improper behavior.
“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha says in his response, adding that “no credible or admissible evidence has been provided” to meet the statutory requirements for an anti-stalking order.
The Capital Pride complaint includes an 18-page legal brief outlining its allegations against Pasha and an additional 167-page addendum of “supporting exhibits” that includes multiple statements by witnesses whose names are blacked out in the court filing documents.
“Over the past year, Defendant Darren Dolshad Pasha (“DSP”} has engaged in a sustained and escalating course of conduct directed at CPA, including repeated and unwanted contact, harassment, intimidation, threats, manipulation, and coercive behavior targeting CPA staff, board members, volunteers, and affiliates,” the Capital Pride complaint states.
It continues, “This conduct included physical intimidation, unwanted physical contact, deception to gain unauthorized access to events, retaliatory threats, abusive digital communication, proxy-based harassment, and knowing defiance of organizational bans and protective orders.”
The sweeping anti-stalking order requested in Capital Pride’s court motion would prohibit Pasha from interacting in person or online or electronically with “all current and future staff, board members, and volunteers of Capital Pride Alliance, Inc.”
The proposed order adds, the “defendant shall stay at least 200 yards away from the principal offices of Capital Pride Alliance” and “shall stay at least 200 yards away from all Capital Pride Alliance events, event venues, associated activities, and affiliated gatherings.”
The reason for these restrictions, according to the complaint, is that Pasha’s actions toward Capital Pride staff, board members, and volunteers allegedly reached the level of causing them to fear for their safety, become “alarmed, disturbed, or frightened,” or suffer emotional distress as defined in D.C.’s anti-stalking law.
Among the Capital Pride officials who are identified by name and who have included statements in the complaint in support of its allegations against Pasha are Ashley Smith, the former Capital Pride Alliance board president, and June Crenshaw, the Capital Pride Alliance deputy director.
“I am making this declaration based on my personal knowledge to support CPA’s petition for a Civil Anti-Stalking Order (ASO) against Daren Pasha,” Smith says in his court statement. “My concerns about the respondent are based on my personal interactions with him as well as reports I have received from other members of the CPA community,” Smith states.
The Capital Pride complaint against Pasha and its supporting documents were filed by D.C. attorney Nick Harrison of the local law firm Harrison-Stein PC.
In his 16-page response to the complaint that he says he wrote himself without the aid of an attorney, Pasha says the Capital Pride complaint against him appears to be a form of retaliation against him for a dispute he has had with the organization and its then president, Ashley Smith, over the past year.
His response states that the announcement last month by Capital Pride that Smith resigned from his position as board president on Oct. 18 after it became aware of a “claim” regarding Smith and it had opened an investigation into the claim supports his assertion that Smith’s resignation is linked to his year-long claim that Smith tarnished his reputation.
Among his allegations against Smith in his response to the Capital Pride complaint, Pasha accuses Smith of using his position as a member of the board of the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization, to persuade HRC to terminate his position as an HRC volunteer and to ban him from attending any future HRC events. He attributes HRC’s action against him to “defamatory” claims about him by Smith related to his ongoing dispute with Smith.
The Capital Pride complaint cites HRC officials as saying Pasha was ousted from his role as a volunteer after he allegedly engaged in abusive and inappropriate behavior toward HRC staff members and other volunteers.
Capital Pride has so far declined to disclose the reason for Smith’s resignation pending an internal investigation.
In its statement announcing Smith’s resignation, a copy of which it sent to the Washington Blade, Capital Pride Alliance says, “Recently, CPA was made aware of a claim made regarding him. The organization has retained an independent firm to initiate an investigation and has taken the necessary steps to make available partner service providers for the parties involved.”
The statement adds, “To protect the integrity of the process and the privacy of all involved, CPA will not be sharing further information at this time.”
Smith did not respond to a request by the Blade for comment, and Capital Pride has declined to disclose whether Smith’s resignation is linked in any way to Pasha’s allegations.
The Capital Pride complaint seeks to “characterize me as posing a threat sufficient to justify the issuance of a Civil Anti-Stalking Order (CAO), yet no credible or admissible evidence has been provided to satisfy the statutory elements required under D.C. Code 22-3133,” Pasha states in his response.
“CPA’s assertions fail to establish any such conduct on my part and instead appear calculated to discredit and retaliate against me for raising legitimate concerns regarding the conduct of its former Board President,” he states in his response.
In its complaint against Pasha and its legal memorandum supporting its request for an anti-stalking order, Capital Pride provides a list of D.C. Superior Court records that show Pasha has been hit with several anti-stalking orders in cases unrelated to Capital Pride in the past and has violated those orders, resulting in his arrest in at least two of those cases.
“A fundamental justification for granting the [Anti-Stalking Order] lies in the Respondent’s extensive and recent criminal history demonstrating a proven propensity for defying judicial protective measures,” the complaint states. “This history suggests that organizational bans alone are insufficient to deter his behavior, elevating the current situation to one requiring mandatory judicial enforcement,” it says.
“It is alleged that in or about June 2025, Defendant was convicted on multiple counts of violating existing Anti-Stalking Orders in matters unrelated to Capital Pride Alliance (“CPA”),with consecutive sentences imposed, purportedly establishing a pattern of contempt for judicial restraint,” Pasha states in his court response to the Capital Pride complaint.
“These allegations are irrelevant to the matter currently before the Court,” his response continues. “The events cited are entirely unrelated to CPA and the allegations underlying the petition for a Civil Anti-Stalking Order. Moreover, each of these prior matters has been fully adjudicated, resolved, and dismissed, and therefore cannot serve as a basis to justify the issuance of a permanent Civil Anti-Stalking Order in this unrelated proceeding.”
He adds in his response, “Any reliance on such prior matters is misleading, prejudicial, and legally insufficient.”
District of Columbia
‘Sandwich guy’ not guilty in assault case
Sean Charles Dunn faced misdemeanor charge
A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10.
Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets.
Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers standing in front of the shop.
Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.
“I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.
“And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”
The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.
Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured.
Prosecutors with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.
“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”
The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1.
Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom.
Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.
Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.
The dispute over the intricacies of the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.
Court observers have said in cases like this, a jury could have issued a so-called “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.
DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.
“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.
Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.
Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident.
“I would like to thank family and friends and strangers for all of their support, whether it was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.”
“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.
“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.
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