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D.C. court rejects ballot measure on gay marriage

Judges divided on city charter issue

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The D.C. Court of Appeals ruled 5-4 Thursday that the city acted within the law when it refused to allow a minister to place a voter initiative on the ballot seeking to overturn the city’s same-sex marriage law.

The court’s nine judges unanimously agreed with the D.C. Board of Elections & Ethics that a ballot measure to overturn the D.C. Marriage Equality Act, if approved by voters, would constitute discrimination prohibited by the city’s Human Rights Act.

But four of the judges, including Chief Judge Eric Washington, dissented from the majority, saying the law banning ballot measures that would result in discrimination prohibited by the Human Rights Act is invalid because the City Council passed it in violation of the congressionally approved D.C. Home Rule Charter. Associate Judge John Fisher wrote the dissenting opinion.

The majority decision, written by Associate Judge Phyllis Thompson, says the Council acted within the scope of the Home Rule Charter and a subsequent charter amendment, which it says gave the Council sufficient discretion to restrict ballot measures from taking away rights protected under the Human Rights Act.

In issuing its decision, the appeals court upheld an earlier ruling by a D.C. Superior Court judge, who also held that the election board acted within the law in denying Bishop Harry Jackson’s petition to file papers to place the Marriage Equality Act on the ballot as a voter initiative.

Jackson, pastor of a church in Beltsville, Md., recruited several D.C. same-sex marriage opponents to join him as plaintiffs in the case, Jackson v. D.C. Board of Elections & Ethics.

Jackson has said he would appeal the case to the U.S. Supreme Court if his side lost at the appeals court level.

Legal experts have said it’s possible — but unlikely — that the Supreme Court would agree to take the case because it is based on a local issue of whether the D.C. Home Rule Charter and a subsequent amendment to the charter allows ballot measures to be held that would result in discrimination. The case would not be on the issue of same-sex marriage itself or whether the U.S. Constitution requires states to accept same-sex marriage, as other pending lawsuits in state courts have asserted.

ā€œThe court’s ruling today is a significant victory for justice, the rule of law and the protection of all D.C. residents against discrimination,ā€ said Human Rights Campaign President Joe Solmonese. ā€œIt’s time for the National Organization for Marriage to realize equality is here to stay no matter how much money they want to throw at turning back the clock.ā€

Solmonese was referring to efforts by the National Organization for Marriage, an anti-gay group, to use its sizable financial resources to support Jackson’s campaign to overturn the D.C. Marriage Equality Act.

Solmonese added, ā€œThe D.C. Council made a wise decision decades ago that no initiative should be permitted to strip away any individual’s civil rights. The court unanimously found that the proposed anti-marriage initiative would have the effect of causing discrimination, and in doing so, stood up for the entire D.C. community.ā€

Rev. Anthony Evans, president of the D.C.-based National Black Church Initiative and one of the plaintiffs who joined Jackson in seeking to overturn the same-sex marriage law through an initiative, said opponents of the law will continue their fight.

ā€œToday the court has told the 500,000 residents of the District of Columbia that we have no right to vote on their own laws,” Evans said in a statement. “This is wrong. We should have a right to vote on issues challenging the fabric of our lives here in D.C. Like I’ve said in the past, we will continue to fight — taking this all the way to the Supreme Court. We will not give up easily.”

In the majority decision, Thompson said the claim by Jackson and those who joined him in challenging the city’s decision to ban a marriage ballot measure rested on the technical question of whether the City Council had the authority to pass implementing legislation to restrict voter initiatives or referenda.

ā€œAppellants’ challenge focuses on the validity of Council legislation that requires the [election] board to refuse to accept any proposed initiative that would authorize, or have the effect of authorizing, discrimination prohibited by the Human Rights Act,ā€ Thompson said in the decision.

ā€œSpecifically, appellants contend that, in establishing that requirement, the Council overstepped its authority and acted in contravention of the District of Columbia Charter. Alternatively, appellants contend that the proposed initiative would not authorize or have the effect of authorizing prohibited discrimination.

ā€œWe disagree with both contentions, and we therefore affirm the Superior Court’s rulings that the Council acted lawfully in imposing the Human Rights Act safeguard and that the [election] board correctly determined that the safeguard required it to reject the proposed initiative.”

D.C. City Council member Phil Mendelson (D-At Large), who chairs the committee that guided the same-sex marriage law through the Council, called the appeals court decision a major victory for the city and the law’s supporters.

ā€œIt’s significant that all of the judges agree that Bishop Jackson’s initiative would be discriminatory,ā€ Mendelson said.

Jackson could not be immediately reached for comment.

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District of Columbia

Capital Pride wins $900,000 D.C. grant to support WorldPride

Funds not impacted by $1 billion budget cut looming over city

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ā€˜Visitors from around the world come toĀ D.C. toĀ experience ourĀ world-classĀ festivals and events,’ said MayorĀ Muriel Bowser. (Washington Blade file photo by Michael Key)

Capital Pride Alliance, the nonprofit D.C. group organizing WorldPride 2025, this week received a $900,000 grant from the city to help support the multiple events set to take place in D.C. May 17-June 8.

According to an announcement by D.C. Mayor Muriel Bowser and Events D.C., the city’s official convention, sports, and events authority, Capital Pride Alliance was one of 11 nonprofit groups organizing 2025 D.C. events to receive grants totaling $3.5 million.

The announcement says the grants are from the city’s Large Event Grant Program, which is managed by Events D.C. It says the grant program is funded by the Office of the D.C. Deputy Mayor for Planning and Economic Development through a grant from the U.S. Department of Commerce Economic Development Administration.

Nina Albert, the Deputy Mayor for Planning and Economic Development, told the Washington Blade that because the grants consist of federal funds already disbursed to the city, they are not impacted by the billion dollar budget cut imposed on the city by Congress earlier this year.

ā€œWorldPride is one of the 11 grantees, and we’re really just excited that there’s going to be generated a large crowd and introducing the city to a national and international audience,ā€ Albert said. ā€œAnd we think it is going to be a real positive opportunity.ā€

The statement from the mayor’s office announcing the grants says funds from the grants can be used to support expenses associated with hosting large events such as venue rental fees, security, labor costs, equipment and other infrastructure costs.

ā€œAll of those things are things that we do for our major events, including WorldPride,ā€ said Ryan Bos, executive director of Capital Pride Alliance. ā€œSo, the resources from this grant will be extremely helpful as we approach the final weeks of preparation of WorldPride Washington, D.C.,ā€ he said.

Bos said Events D.C. has been an important partner in helping to promote WorldPride 2025 since the planning began more than two years ago. ā€œAnd we’re excited to have them now support us financially to get us over the finish line and have an amazing event.ā€

Both Bos and Deputy Mayor Albert said WorldPride organizers and D.C. government officials were doing all they can to inform potential visitors from abroad and other parts of the U.S. that the local D.C. government that is hosting WorldPride is highly supportive of the LGBTQ community.

The two said WorldPride organizers and the city are pointing out to potential visitors that the local D.C. government is separate from the Trump administration and members of Congress that have put in place or advocated for policies harmful to the LGBTQ community.

ā€œD.C. is more than the federal city,ā€ Bos told the Blade. ā€œIt’s more than the White House, more than the Capitol,ā€ he said. ā€œWe have a vibrant, progressive, inclusive community with many neighborhoods and a great culture.ā€

Marcus Allen, an official with Broccoli City, Inc., the group that organizes D.C.’s annual Broccoli City Music Festival, reached out to the Blade to point out that Broccoli City was among the 11 events, along with WorldPride, to receive a D.C. Large Event Grant of $250,000.

Allen said the Broccoli City Festival, which includes performances by musicians and performing artists of interest to African Americans and people of color, is attended by large numbers of LGBTQ people. This year’s festival will be held Aug. 8-10, with its main event taking place at Washington Nationals Stadium.

“Visitors from around the world come to D.C. to experience our world-class festivals and events,” Mayor Bowser said in the grants announcement statement. “These grants help bring that experience to life, with the music, the food, and the spirit of our neighborhoods,” she said. “Together with Events D.C., we’re creating jobs, supporting local talent, and showcasing the vibrancy of our city.” 

The full list of organizations receiving this year’s Large Event grants are:

• Restaurant Association of Metropolitan Washington

• National Cherry Blossom Festival, Inc.

• Asia Heritage Foundation

• Capital Pride Alliance

• U.S. Soccer Federation

• Broccoli City, Inc.

• U.S.A. Rugby Football Union

• Washington Tennis and Education Foundation

• D.C. Jazz Festival

• Woolly Mammoth Theatre Company

• Fiesta D.C., Inc.  

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District of Columbia

Two charged with assaulting, robbing gay man at D.C. CVS store

Incident occurred after suspects, victim ā€˜exchanged words’ at bar

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D.C. police just after 1 a.m. on April 10 arrested two men for allegedly assaulting and robbing a gay man inside a CVS store at 1418 P St., N.W., according to a police report and charging documents filed in D.C. Superior Court.

The charging documents state that the alleged assault and robbery occurred a short time after the three men ā€œexchanged wordsā€ at the gay bar Number 9, which is located across the street from the CVS.

The arrested men are identified in the charging documents as Marquel Jose Diaz, 27, of Northwest D.C., and Lorenzo Jesse Scafidi, 21, of Elizabeth City, N.C. An affidavit in support of the arrest for Diaz says Diaz and the victim ā€œwere previously in a relationship for a year.ā€

Court records show Diaz was charged with Simple Assault, Theft Second Degree, and Possession of a Controlled Substance. The court records show the controlled substance charge was filed by police after Diaz was found to be in possession of a powdered substance that tested positive for cocaine.

Scafidi was charged with Simple Assault and Theft Second Degree, the court records show.

The D.C. police report for the incident does not list it as a suspected hate crime. 

The court records show both men pleaded not guilty to the charges against them at a Superior Court arraignment on the day of their arrest on April 10. The records show they were released by a judge while awaiting trial with an order that they ā€œstay awayā€ from the victim. They are scheduled to return to court for a status hearing on May 21.

The separate police-filed affidavits in support of the arrests of both Diaz and Scafidi each state that the two men and the victim ā€œexchanged wordsā€ inside the Number 9 bar. The two documents state that both men then entered the CVS store after the victim went to the store a short time earlier.

Scafidi ā€œcame into the CVS shortly after and entered the candy aisle and slammed Complainant 1 [the victim] to the ground causing Complainant 1’s phone to fall out of CP-1’s pocket,ā€ one of the two affidavits says. It says Scafidi ā€œagain picked up CP-1 and slammed him to the ground.ā€

The affidavit in support of Diaz’s arrest says Diaz also followed the victim to the CVS store after words were exchanged at the bar. It says that after Scafidi allegedly knocked the victim down in the candy aisle Diaz picked up the victim’s phone, ā€œswung onā€ the victim ā€œwhile he was still on the ground,ā€ and picked up the victim’s watch before he and Scafidi fled the scene.

Without saying why, the two arrest affidavits say Diaz and Scafidi returned to the scene and were arrested by police after the victim and at least one witness identified them as having assaulted and robbed the victim.

Attorneys representing the two arrested men did not respond to phone messages from the Washington Blade seeking comment and asking whether their clients dispute the allegations against them.

The victim also did not respond to attempts by the Blade to obtain a comment from him. The police report says the victim is a resident of Fairfax, Va.

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District of Columbia

Bowser calls for ā€˜extraordinary’ response to reduction in D.C. budget

Impact on city funding for LGBTQ programs and grants unclear

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Mayor Muriel Bowser warned of ā€˜significant cuts in District Government services.’ (Screen capture via Forbes Breaking News YouTube)

D.C. Mayor Muriel Bowser on April 15 issued an executive order calling for ā€œextraordinary actions,ā€ including ā€œsignificant cuts in District Government services,ā€ to address a decision by Congress to cut the city’s current budget by $1.1 billion.

The nine-page executive order points out that these actions became necessary after the U.S. House of Representatives has so far declined to vote on a free-standing bill approved by the U.S. Senate last month that would restore the $1.1 billion D.C. budget cut initially approved by the House.

In addition to large-scale cuts in city services, the mayoral order says the congressionally imposed city budget cut will bring about city ā€œhiring freezes, financial impacts to employees, reductions and terminations in contracts and grants, and closures of District Government facilities.ā€

The order adds, ā€œThese are unprecedented actions given that the District itself adopted and is able to implement a fully balanced budget, but they are necessary due to the Congressional cut to the District’s budget and its inaction in timely fixing its legislative error.ā€

The House adjourned this week on a recess until the end of April, and congressional observers say it is unclear whether the majority Republican House will take up the Senate bill to undo the D.C. budget cut when the House returns from its recess. President Donald Trump has called on the House to approve the bill to restore the full D.C. budget.

Among the D.C. LGBTQ organizations and those providing services to the LGBTQ community that receive D.C. government funding and that could be impacted by the budget cuts are Capital Pride Alliance, which is organizing WorldPride 2025 set to take place in D.C. next month; and Whitman-Walker Health, one of the city’s largest private healthcare organizations that provides medical services for LGBTQ clients.

Also receiving city funding are the Wanda Alston Foundation, which provides housing services for LGBTQ people; and the LGBTQ youth advocacy and services organization SMYAL.

Spokespersons for the four organizations couldn’t immediately be reached to determine if they knew whether the soon-to-be implemented budget cuts would have an impact on the city funding they currently receive.

In response to questions from news reporters during an April 15 press conference call to discuss the Bowser executive order, Jenny Reed, director of the D.C. Office of Budget and Performance Management, said details on specific programs or funding allocations set to be cut would not be known until the mayor submits to the D.C. Council her Supplemental FY 2025 budget along with her proposed FY 2026 budget.

Reed was joined at the press briefing by Lindsey Parker, Mayor Bowser’s chief of staff; and Tomas Talamante, director of the Office of Intergovernmental Affairs.

They and other city officials have said the impact of the congressionally imposed city budget cut was expected to be lessened but remain highly problematic by Bowser’s decision to invoke a 2009 law that allows the city to increase its own spending without approval by Congress under certain circumstances.

The mayor has said under that law, the city would need to cut its FY 2025 budget by $410 million rather than by $1.1 billion. It couldn’t immediately be determined whether House Republicans, who initiated the requirement that the D.C. budget be cut by $1.1 billion, would challenge the mayor’s plan to invoke the 2009 law to reduce the size of the budget cut.

ā€œWithout the ability to fully execute the Fiscal Year 2025 budget as adopted and approved by the District, this gap will force reductions in critical services provided by our largest agencies, including the Metropolitan Police Department and the Fire and Emergency Medical Services Department,ā€ the mayor’s executive order states.

ā€œThe District will continue to work with members of the House of Representatives to urge them to vote to fully restore the District’s Fiscal year 2025 budget and will continue to work with President Trump to strongly encourage the House of Representatives to take that action,ā€ the order says.

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