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Two more D.C. ballot measures proposed to ban same-sex marriage

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Gay marriage opponents have filed papers with the city’s election board proposing two more ballot measures to overturn a same-sex marriage law the D.C. City Council passed and Mayor Adrian Fenty signed in December.

Bishop Harry Jackson, the Beltsville, Md., minister who is leading efforts to oppose same-sex marriage in the District, filed papers Wednesday calling for a voter referendum to block the Religious Freedom & Civil Marriage Equality Amendment Act from becoming law.

And in a separate development that went largely unnoticed, Ward 8 resident Joyce Little filed papers with the Board of Elections & Ethics on Dec. 23 calling for a voter initiative that seeks to overturn the same-sex marriage bill by banning same-sex marriage in the city.

“The purpose of this initiative is to allow the citizens of the District of Columbia to vote to preserve traditional marriage as between one man and one woman,” Little wrote in a summary statement submitted to the election board.

The election board scheduled a Feb. 16 public hearing for Little’s initiative. Board General Counsel Kenneth McGhie said the board was in the process of scheduling another hearing sometime this month for Jackson’s referendum proposal.

In a related development, two U.S. senators and 37 members of the House of Representatives — all Republicans — filed a friend-of-the-court brief this week in support of an older lawsuit from Jackson that seeks to force the city to hold a voter initiative on the gay marriage question. Jackson filed the lawsuit last year after the election board ruled that a ballot measure seeking to ban gay marriage would violate the city’s Human Rights Act and therefore not allowable.

The GOP lawmakers’ brief was countered by another friend of the court, or amicus, brief filed by three D.C. same-sex couples that were married in other states and another same-sex couple that hopes to marry in the District later this year. Also signing on to the couples’ brief were the local same-sex marriage advocacy groups D.C. Clergy United and Campaign for All D.C. Families.

Attorneys for same-sex marriage supporters and opponents argued on behalf of their respective motions and briefs at a hearing Wednesday before Superior Court Judge Judith Macaluso, who is expected to issue a ruling on Jackson’s lawsuit in the next few weeks.

The two new ballot measure proposals, including the ones filed in December by Little and this week by Jackson, come on the heels of decisions last year by the election board rejecting an earlier initiative and referendum proposal — both introduced by Jackson and his backers. A D.C. Superior Court judge last spring upheld the board’s ruling rejecting the referendum.

Macaluso is deliberating over Jackson’s lawsuit seeking to overturn the board’s decision to disallow his earlier initiative proposal.

Most legal observers expect the election board to reject the initiative filed this week by Little. Little could not be reached to determine whether she plans to appeal in court any board decision denying her request for the initiative.

“If they keep coming back and the courts continue to rule against them, at some point the courts will throw these cases out in summary judgment,” said gay activist Peter Rosenstein, who is a board member of the Campaign for All D.C. Families. “You can’t keep going back to the courts with the same case.”

But Jackson and Ward 5 Advisory Neighborhood Commissioner Robert King have vowed to do just that, saying they believe a higher-level court will eventually force the city to hold a referendum or initiative that brings the subject of gay marriage before the city’s voters.

Marriage bill goes to Hill

Meanwhile, the City Council’s Office of Legislative Affairs sent the same-sex marriage bill passed by the Council and signed by Fenty to Congress on Jan. 5 to arrange for a required congressional review of the law, according to office staffer Ebony Henry.

Henry said her office’s decision to wait more than two weeks after Fenty signed the bill Dec. 18 to send it to Capitol Hill was due to the office’s normal processing of bills that get sent to Congress for their required congressional review of 30 legislative days.

The clock for the congressional review is expected to start ticking next week, when the House begins its 2010 legislative session.

Capitol Hill observers initially thought the congressional review would be completed sometime in March, but some are now speculating the review could be concluded as early as February.

“Nobody knows for sure because it all depends on how many days we’re in session in any given week,” said one Capitol Hill staffer, who spoke on condition of not being identified.

Little, who filed papers in December for an initiative to overturn the city’s same-sex marriage law, filed a motion in federal court the same month seeking an injuction to block the City Council from voting on the same-sex marraige bill at its regularly scheduled legislative session. U.S. District Court Judge Colleen Kollar-Kotolly denied the motion Dec. 15, the same day the Council passed the bill, saying Little failed to provide evidence to support her claim that allowing the Council to vote on the marraige bill would cause the city and gay marraige opponents “irreparable harm.”

Little did not issue a public announcement about her motion for the injunction, and most local activists and Council members were unaware that she had made an apparently unprecedented attempt to ask a court to stop the Council from voting on a bill.

One issue is ‘home rule’ scope

U.S. Sens. James Inhoff (R-Oak.) and Roger Wilkins (R-Miss.) joined 37 conservative GOP House members, most of whom are vocal opponents of LGBT rights, in filing the amicus brief in support of the lawsuit by Jackson to force the city into holding a voter initiative on gay marriage.

“Under the United States Constitution, they serve as members of the ultimate legislative authority for the District of Columbia and the very body which delegated to the District its limited legislative power under home rule,” the amicus brief states.

D.C. home rule advocates, including LGBT groups that have pushed for full voting rights for D.C. in Congress, are likely to interpret the brief as a signal by the GOP lawmakers that they will seek to overturn the same-sex marriage law sometime in the future if Jackson loses his court fight. Congress retains authority to overturn any D.C. law at any time.

Most political observers believe the city’s same-sex marriage law will be protected as long as Democrats retain control of Congress, but they caution that the law could be in jeopardy if Republicans gain control in the future.

The same-sex couples who filed the amicus brief opposing Jackson’s lawsuit include city residents Trevor Blake and Jeff Krehely; Amy Hinze-Pifer and Rebecca Hinze-Pifer; Vincent Micone and Thomas Metzger; and Reginald Stanley and Rocky Galloway.

The nationally known law firm Covington & Burling is providing pro-bono legal representation for the same-sex couples in the case.

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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

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Spark Social House (Washington Blade photo by Michael Key)

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. 

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District of Columbia

Judge rescinds order against activist in Capital Pride lawsuit

Darren Pasha accused of stalking organization staff, board members, volunteers

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Darren Pasha (Washington Blade photo by Michael Key)

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.

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District of Columbia

Trans activists arrested outside HHS headquarters in D.C.

Protesters demonstrated directive against gender-affirming care

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(Photo by Alexa B. Wilkinson)

Authorities on Tuesday arrested 24 activists outside the U.S. Department of Health and Human Services headquarters in D.C.

The Gender Liberation Movement, a national organization that uses direct action, media engagement, and policy advocacy to defend bodily autonomy and self-determination, organized the protest in which more than 50 activists participated. Organizers said the action was a response to changes in federal policy mandated by Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.”

The order directs federal agencies and programs to work toward “significantly limiting youth access to gender-affirming care nationwide,” according to KFF, a nonpartisan, nonprofit organization that provides independent, fact-based information on national health issues. The executive order also includes claims about gender-affirming care and transgender youth that critics have described as misinformation.

Members of ACT UP NY and ACT UP Pittsburgh also participated in the demonstration, which took place on the final day of the public comment period for proposed federal rules that would restrict access to gender-affirming care.

Demonstrators blocked the building’s main entrance, holding a banner reading “HANDS OFF OUR ‘MONES,” while chanting, “HHS—RFK—TRANS YOUTH ARE NO DEBATE” and “NO HATE—NO FEAR—TRANS YOUTH ARE WELCOME HERE.”

“We want trans youth and their loving families to know that we see them, we cherish them, and we won’t let these attacks go on without a fight,” said GLM co-founder Raquel Willis. “We also want all Americans to understand that Trump, RFK, and their HHS won’t stop at trying to block care for trans youth — they’re coming for trans adults, for those who need treatment from insulin to SSRIs, and all those already failed by a broken health insurance system.”

“It is shameful and intentional that this administration is pitting communities against one another by weaponizing Medicaid funding to strip care from trans youth. This has nothing to do with protecting health and everything to do with political distraction,” added GLM co-founder Eliel Cruz. “They are targeting young people to deflect from their failure to deliver for working families across the country. Instead of restricting care, we should be expanding it. Healthcare is a human right, and it must be accessible to every person — without cost or exception.”

(Photo by Cole Witter)

Despite HHS’s efforts to restrict gender-affirming care for trans youth, major medical associations — including the American Medical Association, the American Academy of Pediatrics, and the Endocrine Society — continue to regard such care as evidence-based treatment. Gender-affirming care can include psychotherapy, social support, and, when clinically appropriate, puberty blockers and hormone therapy.

The protest comes amid broader shifts in access to care nationwide. 

NYU Langone Health recently announced it will stop providing transition-related medical care to minors and will no longer accept new patients into its Transgender Youth Health Program following President Donald Trump’s January 2025 executive order targeting trans healthcare. 

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