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 David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”
Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.
Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.
He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.
Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.
Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street.
Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors.
District of Columbia
D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee
Alleged years of verbal harassment, slurs, intimidation
The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.
The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”
Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.
Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.
“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,” the ACLU’s statement says.
“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.
“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.
He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”
The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.
“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.
The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. ACLU spokesperson Andy Hoover said Jones has been on administrative leave since March 2022. Jones couldn’t immediately be reached for comment.
“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”
Virginia
Spanberger signs bill that paves way for marriage amendment repeal referendum
Proposal passed in two successive General Assembly sessions
Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.
The ballot question that voters will consider on Election Day is below:
Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.
“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.
Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.
