Maryland
Judge rules trans teacher’s lawsuit against P.G. County can go to trial
Gay man files separate case charging discrimination
A federal judge in Maryland issued a ruling on Tuesday, Jan. 18, clearing the way for a lawsuit filed by transgender former English teacher Jennifer Eller in 2018 charging the Prince George’s County, Md., Public Schools with discrimination and harassment based on her gender identity to proceed to a trial.
In the ruling, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland denied key parts of several motions filed by attorneys representing the P.G. County Public Schools that in effect called for the dismissal of the lawsuit. The motions, among other things, claimed the lawsuit failed to provide sufficient evidence that Eller was subjected to discrimination and harassment, which forced her to resign due to a hostile work environment.
Chuang also ruled against a separate motion introduced by Eller’s attorneys calling for him to issue a summary judgement decision affirming all the lawsuit’s allegations that would have ended the litigation in Eller’s favor without the need to go to trial.
Eller’s lawsuit charges that school officials acted illegally by failing to intervene when she was subjected to a hostile work environment for five years that included abuse and harassment by students, parents, fellow teachers, and supervisors and retaliation by school administrators.
The lawsuit alleges that the school system and its administrators in its actions against Eller violated Title VII of the U.S. Civil Rights Act of 1964, Title IX of the federal Education Amendments Act of 1972, the Equal Protection Clause of the U.S. Constitution, the Maryland Fair Employment Practices Act, and the nondiscrimination provision of the Prince George’s County Code.
“We think the judge did as best he could,” said Omar Gonzales-Pagan, an attorney with the LGBTQ litigation group Lambda Legal, which, along with the D.C. law firm Arnold & Porter, are representing Eller in her lawsuit.
“The takeaway is that the case is now in a posture to proceed to trial,” Gonzales-Pagan told the Washington Blade. “The court found that the alleged facts and the information as discovered throughout the case in the discovery process is sufficient to allow a jury to find whether Jennifer Eller was subjected to a hostile work environment and constructive discharge and retaliation unlawfully by the defendants,” he said.
By the term constructive discharge, Gonzales-Pagan was referring to the lawsuit’s charge that Eller was forced to resign from her teaching job in 2017 after being diagnosed with post-traumatic stress disorder due to the alleged abuse she faced on the job.
P.G. County Public Schools officials have declined to comment on the lawsuit on grounds that the school system has a longstanding policy of not discussing pending litigation. However, in its response to the lawsuit in court filings, school system officials have denied Eller’s allegations of discrimination, harassment, and retaliation.
“For years, I was aggressively misgendered, attacked and harassed in the hallways and even in my own classroom by students, peers and supervisors,” Eller said in a statement released by her attorneys.
“My pleas for help and for sensitivity training on LGBTQ issues for students and staff, were ignored,” Eller said in her statement. “The relentless harassment stripped me of the joy of teaching and forced me to resign,” she said. “It is time for Prince George’s County Public Schools to be held accountable.”
The lawsuit says the harassment and discriminatory action against her began in 2011 when she began presenting as female during the school year. It says school officials initially responded to her complaints about the harassment by demanding that she stop dressing as a woman and return to wearing men’s clothes, which she refused to do.
In a separate action, gay former Spanish teacher Jared Hester filed on his own without an attorney a lawsuit in the Maryland federal court charging the P.G. County Public Schools with failing to take action to prevent him from being subjected to discrimination and harassment similar to some of the allegations made in Eller’s lawsuit.
Hester told the Blade that he was subjected to harassment by students who repeatedly called him “faggot,” but school officials, including the principal of the middle school where he taught, refused to take action to stop the harassment.
He provided the Blade with copies of earlier complaints he filed against school system officials with the U.S. Equal Employment Opportunity Commission (EEOC), the Maryland Commission on Civil Rights, and the P.G County Public Schools’ internal Office of Equity Assurance. Each of the three agencies issued rulings against Hester’s complaints, with two of them saying sufficient evidence could not be found to support his allegations.
The EEOC, in a Nov. 3, 2021 “dismissal” notice, told Hester the EEOC “will not proceed further with its investigation, and makes no determination about whether further investigation would establish violations of the statute.” The notice added, “This does not mean the claims have no merit” or that the respondent, meaning the P.G. County Public Schools, “is in compliance with the statutes.”
The notice did not give a reason for why it chose to end its investigation into Hester’s complaint, but it said his filing with the EEOC cleared the way for him to file a lawsuit to further his case against the school system.
Hester told the Blade he reached out to Lambda Legal to represent him in his lawsuit, but the LGBTQ litigation group declined to take on his case without giving a reason. Gonzalez-Pagan, the Lambda attorney working on the Eller case, said he was unfamiliar with Hester’s request for representation. Another Lambda official couldn’t immediately be reached to determine the reason for its decision not to represent Hester.
Maryland
Queer candidates, allies win Md. primary races
Evan Glass lost Montgomery County Executive race
Several LGBTQ candidates secured spots on Maryland’s November ballot following Tuesday’s primary elections, though a handful of history-making campaigns fell short.
Congresswoman April McClain Delaney, who is running for re-election in the 6th Congressional District, won in the Democratic primary with 43.65 percent of the vote. Her main opponent, former Congressman David Trone, lost with 37.33 percent of the vote.
When Trone was last in the U.S. House of Representatives, he was a staunch supporter of LGBTQ rights, backing legislation such as the Equality Act. However, Delaney has also supported LGBTQ rights in her position, with the Human Rights Campaign endorsing her for standing up for the LGBTQ community and for “stands ready to fight against MAGA-led attacks.” Robin Ficker won the Republican primary with 42.61 percent of the vote.
In the 5th Congressional District, voters chose who will replace retiring U.S. Rep. Steny Hoyer.
Hoyer was a major advocate for LGBTQ rights during his time in office and opposed the Trump-Vance administration’s transgender military ban. He helped pass the state’s marriage equality law in a referendum in 2012, alongside his daughter, who came out as lesbian in the same year.
Adrian Boafo won the Democratic primary for Hoyer’s seat with 31.97 percent of the vote. Boafo is a former state delegate for Prince George’s County. Boafo had received endorsements from both Hoyer and Gov. Wes Moore. The former state delegate will face Republican Chris Chaffee in November.
Queer candidate Evan Glass lost in the primary election for Montgomery County Executive to Will Jawando, an at-large member of the County Council, and Andrew Friedson, a councilmember for District 1 in Montgomery County.
Jawando is ahead as the final votes are counted.
Moore is running for a second term in office. He won the Democratic primary, alongside Lt. Gov. Aruna Miller with 87.79 percent of the vote. Moore and Miller will face off against Republicans Dan Cox and Rob Krop.
Cox ran against Moore in the 2022 gubernatorial race.
Josie Caballero, a candidate running for the at-large seat on the Montgomery County Council, lost with 9.24 percent of the vote. Caballero would have been the first trans woman elected to office in Maryland if she had won. Former Montgomery County Executive Marc Elrich won the primary race with 14.62 percent of the votes.
For House District 4, voters can pick up to three candidates. In the Democratic primary, this included Andrew Duck, Jerry Donald, and Alleria Stanley. If elected in the general election as one of three House of Delegates members, Stanley would become the first trans person elected to the General Assembly.
In the Republican race, all three candidates will advance to the general election.
Gay and lesbian candidates running for re-election to the General Assembly overwhelmingly won their Democratic primary races.
State Del. Joe Vogel, who is running for re-election to Montgomery County’s District 17, was one of three candidates chosen by the Democrats and will be on the ballot in November. He received 28.41 percent of the vote, with Ryan Spiegel receiving 28.45 percent. No Republicans ran in the primary, so none will be on the November ballot.
Christopher Reed, who also ran for the House in District 17, is openly queer but received only 10.93 percent of the vote. All three candidates who will move on to the general election are incumbents in the seat.
Also moving past the primary election is state Del. Ashanti Martinez, who represents House District 22 in Prince George’s County. He is the sole incumbent to run for re-election in the race.
State Del. Gabriel Acevero, who represents House District 39 in Montgomery County, will move on to the general election, along with state Del. Anne Kaiser of District 14 in Montgomery County and state Del. Kris Fair of House District 3 in Frederick County.
State Del. Luke Clippinger of House District 46 in Baltimore City will move on to the general election as well, earning 33.69 percent of the vote. The race for House District 46 includes three Democratic candidates who will advance immediately, as well as one Republican who will advance.
State Sen. Mary Washington (D-Baltimore County) won the Democratic primary unopposed. When she was first elected to the House of Delegates in 2010, Washington became Maryland’s first openly LGBTQ African American elected official. With no Republican opponent, she is expected to keep her seat in November.
Other LGBTQ candidates ran for local and state seats for the first time, with many hoping to make history in state politics.
Matt Menter, who was running in House District 41, will not advance to the general election. In a race with eight candidates, Menter failed to break into the top three. In the past, Menter served on Baltimore City’s LGBTQ Commission.
Spencer Dixon ran as a Democratic candidate House District 32 and will advance to the general election alongside incumbent Mike Rogers and J. Sandy Bartlett. Dixon is an openly gay man and has worked on Democratic political campaigns in Maryland in the past.
Jamar Day ran for an at-large seat on the Baltimore City Board of School Commissioners, but with 11.44 percent of the vote, he will not advance to the general election. If elected, he would have been the first openly queer member of the board, as he identified as pansexual.
Joe Toolan ran for the Anne Arundel County Council’s District 6 seat in the Democratic primary but fell short with 12.78 percent of the vote. Toolan previously served as the first chair of the Maryland Commission on LGBTQIA+ Affairs.
Gavin Buckley, the candidate who won the Democratic primary for Anne Arundel County Council District 6, is the former mayor of Annapolis.
Byron Macfarlane won the Democratic primary for Howard County’s Register of Wills with 61.79 percent of the votes. Macfarlane has held this position since 2010, when he became the first openly gay person elected in Howard County.
Gabrielle Zwi, a nonbinary candidate, ran for an at-large seat on the Democratic Central Committee in Montgomery County. The top eight candidates will advance to the general election in this race, and so far, according to the Maryland Board of Elections, Zwi is among them.
Jamie McGonnigal is running for the Prince George’s County Board of Education for District 3, but the primary for his election was canceled. Therefore, he will be on the ballot for the general election. If elected, he would be the first openly gay man to serve on the board.
Maryland
Union leader files assault complaint against gay Md. delegate after fight at early-voting site
Del. Gabriel Acevero, Gino Renne accuse each other of starting confrontation
By ANTONIO PLANAS | After a physical confrontation outside an early-voting site Thursday, local union leader Gino Renne filed an assault complaint against Del. Gabriel Acevero, who said he plans to do the same.
Each accuses the other of starting the fight and throwing punches in an incident Thursday at about 6 p.m. at the Bohrer Park Activity Center in Gaithersburg, police said. The park, an early-voting site that day, attracted many candidates and their supporters.
Acevero, 35, is defending his seat representing District 39, which includes Montgomery Village and surrounding areas. The primary is on Tuesday.
The rest of this article can be read on the Baltimore Banner’s website.
Maryland
Queer candidates, allies on the ballot in Md. primary
Evan Glass running to become Montgomery County Executive
Maryland voters will see LGBTQ candidates on ballots across the state when they head to the polls for the June 23 primary election.
Evan Glass, an at-large member of the Montgomery County Council, is the current frontrunner in the Montgomery County Executive race.
He made history in 2018 as the first openly gay Jewish man on the County Council. Glass is currently nearing the end of his second term as a councilmember.
During his time on the council, he passed the ICE Out Act and the Pay Equity Act. He has also been outspoken about his disapproval of AI data centers and is endorsed by the Sierra Club.
“Our community is under attack and we need local leaders who will continue fighting back against Donald Trump while embracing our beautiful diversity,” Glass said in a statement to the Washington Blade.
Josie Caballero, who is running for an at-large seat on the Montgomery County Council, would become the first transgender woman elected to office in Maryland if successful.
Alleria Stanley, who is running for the House of Delegates in District 4, could also make history. Stanley, a U.S. Army combat veteran who served in Afghanistan, would become the first trans person elected to the Maryland General Assembly if successful. She currently serves as vice president of the Transgender American Veterans Association.
Several congressional races are also drawing attention ahead of the primary.
In Maryland’s 6th Congressional District, former Congressman David Trone is challenging U.S. Rep. April McClain Delaney. Trone has previously supported LGBTQ rights legislation, including the Equality Act, during his time in Congress.
Meanwhile, voters in Maryland’s 5th Congressional District will help determine who succeeds retiring U.S. Rep. Steny Hoyer. State Del. Adrian Boafo (D-Prince George’s County), former Prince George’s County Executive Rushern Baker, former U.S. Capitol Police Officer Harry Dunn, and Quincy Bareebe are among the Democrats running for Hoyer’s seat.
During his congressional career, Hoyer supported LGBTQ rights legislation and opposed the Trump-Vance administration’s trans military ban.
His daughter, Stefany Hoyer Hemmer, in 2012 came out as a lesbian in an exclusive interview with the Blade. Maryland voters the same year approved the state’s marriage equality law in a referendum.
“I’m pleased that Stefany is adding her voice to those across Maryland and the country calling for marriage equality,” Steny Hoyer told the Blade, referring to his daughter’s decision to come out and to champion the marriage equality law. “This is about ensuring all families receive equal treatment under the law. As more people speak out, the more momentum this effort gains to give every family the dignity and respect they deserve.”
Gay, lesbian incumbents running for re-election
A number of openly gay and lesbian members of the Maryland General Assembly are seeking re-election this year.
State Del. Joe Vogel, who represents Montgomery County’s District 17, is seeking another term in office. Vogel made national headlines during his 2024 congressional campaign and has received support from LGBTQ advocacy organizations, including the Human Rights Campaign.
State Del. Gabriel Acevero, who represents District 39 in Montgomery County, is also seeking re-election. When he was first elected in 2018, Acevero became the first openly gay Afro-Latino elected to the General Assembly.
State Del. Anne Kaiser (D-Montgomery County), who represents District 14, is running for another term. Kaiser, who is a lesbian, was recently appointed vice chair of the House Appropriations Committee and has served in the legislature since 2003.
State Del. Kris Fair is seeking re-election in District 3 in Frederick County. Fair has been active in civil rights advocacy and has worked with organizations including Marylanders for Marriage Equality, the campaign in support of the state’s marriage equality law.
State Del. Ashanti Martinez (D-Prince George’s County), who represents District 22, is also running for re-election. Martinez has focused on issues including affordable housing, healthcare access, and support for small businesses during his time in office.
State Sen. Mary Washington (D-Baltimore County) is seeking another term for District 43. When she was first elected to the House of Delegates in 2010, Washington became Maryland’s first openly LGBTQ African American elected official.
State Del. Luke Clippinger (D-Baltimore City) is also running for re-election for Legislative District 46. Clippinger has served in the House of Delegates since 2010 and has supported legislation including marriage equality and efforts to ban the use of LGBTQ panic defenses.
Byron MacFarlane seeking re-election in Howard County
Several other LGBTQ candidates are running for local and state offices across Maryland.
Jamar Day is running for an at-large seat on the Baltimore City Board of School Commissioners. According to the LGBTQ+ Victory Fund, Day identifies as pansexual and would become the first openly gay member of the board if elected. He previously worked as a teacher and dean of students in Baltimore and Washington.
Jamie McGonnigal is running for the Prince George’s County Board of Education representing District 3. McGonnigal currently serves as president of the Hyattsville Elementary School PTA and founded the advocacy organization TalkAboutEquality.org.
Matt Menter is seeking election to represent District 41 in the House of Delegates. Menter has worked on issues related to homelessness and addiction recovery and has served on Baltimore City’s LGBTQ Commission.
Joe Toolan is running for Anne Arundel County Council’s District 6 seat. Toolan previously served as the first chair of the Maryland Commission on LGBTQIA+ Affairs and currently works with the environmental advocacy organization GreenLatinos.
Spencer Dixon is seeking a seat in the House of Delegates representing District 32 in Anne Arundel County. Dixon currently serves on the Maryland Prescription Drug Affordability Board and has worked on Democratic political campaigns in Maryland.
Byron Macfarlane is running for re-election as Howard County’s register of wills. When he was first elected in 2010, Macfarlane became the first openly gay person elected in Howard County.
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