Local
Two more D.C. ballot measures proposed to ban same-sex marriage
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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Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
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