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Md. may recognize out-of-state gay marriages

Attorney general issues opinion as D.C. couples prepare to wed

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Maryland Attorney General Doug Gansler (Photo courtesy of Maryland state government)

Maryland Attorney General Douglas Gansler issued a long-awaited opinion Wednesday saying same-sex marriages performed in other states or countries most likely would have full legal standing in the state.

But in his 53-page legal opinion, Gansler said the Maryland Court of Appeals would have the final say in the matter should opponents of same-sex marriage choose to contest the legal standing of married same-sex couples living in or visiting the state.

Ganslerā€™s opinion comes one week before a law allowing same-sex marriages to be performed in D.C. is expected to take effect March 3. Same-sex couples in Maryland have said they would likely make wedding plans in the District in response to a favorable opinion from Gansler.

The attorney generalā€™s opinion comes nine months after state Sen. Richard Madaleno (D-Montgomery County), who is gay, asked Gansler to issue an official opinion on the question of whether the state could legally recognize same-sex marriages from other jurisdictions.

ā€œYou have asked whether those marriages may be recognized under state law,ā€ Gansler said in his opinion, which is addressed to Madaleno. ā€œThe answer to that question is clearly ā€˜yes.ā€™ā€

Madaleno could not immediately be reached for comment, but he told the Washington Post in a brief interview that changes in state policy could now result from a court ruling, legislation or administrative action, though none of those is imminent.

Gansler says in the opinion that while he believes the legal concept of state ā€œpublic policyā€ favors recognition of out-of-state gay marriages, others might raise legal grounds to contest that view.

In particular, he points to the 2007 ruling by the Maryland Court of Appeals upholding the stateā€™s marriage law banning same-sex marriages from being performed in the state. In that 4-3 ruling denounced by LGBT activists, the court ruled that restricting marriage to a man and a woman doesnā€™t discriminate against same-sex couples or deny them rights under the state constitution. The court held that the ban on same-sex marriage instead promotes the stateā€™s ā€œinterestā€ in traditional heterosexual marriage as a means of fostering procreation and protecting children.

But Gansler says in his opinion that the appeals court decision should not be a key factor in determining whether Maryland could recognize same-sex marriages from other jurisdictions.

ā€œThe Court of Appeals would start from the general principle that a marriage that is valid in the place of celebration remains valid in Maryland,ā€ he said in his opinion. ā€œThere are exceptions to that rule if the particular marriage is contrary to a strong state public policy. A statute that limits marriage in Maryland to opposite-sex couples could be said to embody a policy against same-sex marriage.ā€

However, Gansler noted that the Court of Appeals has not prevented the state from recognizing various types of marriages performed in other states that are not allowed to be performed in Maryland under the stateā€™s marriage law. Among them are common law marriages, which are recognized in many other states. The Court of Appeals also upheld a Rhode Island marriage between an uncle and a niece, even though the Maryland marriage law prohibits such a marriage, Gansler says in his opinion.

ā€œWhile the matter is not free from all doubt, in our view, the court is likely to respect the law of other states and recognize a same-sex marriage contracted validly in another jurisdiction,ā€ he says. ā€œIn light of Marylandā€™s developing public policy concerning intimate same-sex relationships, the court would not readily invoke the public policy exception to the usual rule of recognition.ā€

In response to a second question raised by Madaleno, Gansler says in his opinion that Maryland Gov. Martin Oā€™Malley does not have authority to issue an executive order recognizing same-sex marriages from other jurisdictions.

In his May 19, 2009, letter to Gansler requesting the same-sex marriage recognition opinion, Madaleno pointed out that New York Gov. David Paterson issued such an order, clearing the way for New York to recognize out-of-state same-sex marriages, even though the legislature had not approved a same-sex marriage bill.

ā€œAn executive order of the governor must be consistent with existing Maryland law, as enacted by the General Assembly and construed by the courts,ā€ Gansler says.

LGBT rights groups hailed Ganslerā€™s opinion as an important breakthrough for the marriage equality movement.

ā€œToday is a day to celebrate,ā€ said Morgan Meneses-Sheets, executive director of Equality Maryland, a state LGBT advocacy group.

ā€œEquality Maryland applauds a favorable opinion released by the Office of Attorney General Doug Gansler that states that the marriages of same-gender couples legalized in other jurisdictions have standing to be honored here at home.ā€

But Rick Bowers, director of Christian Impact Alliance, a Maryland group opposed to same-sex marriage, said Gansler acted without legal authority to issue such a ruling.

ā€œThe governing body over a decision like this should be the General Assembly or the people of the state of Maryland through a vote by referendum,ā€ Bowers said.

Gay rights groups, however, disputed Bowers assessment, saying Gansler has authority to issue such an opinion.

Lambda Legal, a national LGBT group, praised Ganslerā€™s opinion for ā€œsaying that recognition of out-of-state marriages of same-sex couples is consistent with Maryland law.ā€

Susan Sommer, director of the groupā€™s Constitutional Litigation program, said the Gansler opinion ā€œshould bring some peace of mind to married same-sex couples and their families in Maryland as this state aligns itself with New York, making clear that there is no gay exception to long-standing marriage recognition law.ā€

Evan Wolfson, executive director of the national same-sex marriage advocacy group Freedom to Marry, said he was confident that the Maryland Court of Appeals would uphold Ganslerā€™s assessment that valid same-sex marriages from other jurisdictions have full legal standing in Maryland.

ā€œMarylandā€™s typical practice, like all states historically, is to honor marriages rather than destabilize them,ā€ Wolfson said. ā€œThe Maryland Attorney General is concluding, looking at Maryland law, that there is no reason for a gay exception to that tradition and common sense practice.ā€

While praising Ganslerā€™s opinion as an important development for same-sex marriage equality, some LGBT organizations said it focuses attention on the need for all states to adopt same-sex marriage laws.

ā€œTodayā€™s opinion by the Maryland Attorney General only continues to further highlight the burdensome patchwork of unequal laws same-sex couples face across the country,ā€ said Joe Solmonese, president of the Human Rights Campaign. ā€œWith every step that is taken in the progress toward full equality, it becomes more and more obvious that separate is not equal and marriage by any other name is not marriage.ā€

The action by Gansler on Wednesday also comes less than a month after the Maryland House Judiciary Committee voted 12-8 to defeat a bill that would have banned same-sex marriage in the state. The measure was introduced by Del. Emmett Burns (D-Baltimore County), who said he anticipated Ganslerā€™s opinion would back same-sex marriage recognition.

Maryland Del. Don Dwyer (R-Anne Arundel County), meanwhile, is ā€œdefinitelyā€ moving ahead with plans to file impeachment papers against Gansler for his same-sex marriage recognition opinion, according to spokesperson Louisa Baucom.

ā€œHis position about the opinion is that Attorney General Gansler had no right to issue the opinion, regardless of what the opinion is ā€” that his constitutional limitations prohibit that,ā€ Baucom said.

ā€œHe will be drawing up letters of impeachment against Attorney General Gansler,ā€ she said, adding that the charges would be based on ā€œviolation of his oath of office.ā€

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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 wordsā€™ 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 1ā€™s phone to fall out of CP-1ā€™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 Diazā€™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 victimā€™s phone, ā€œswung onā€ the victim ā€œwhile he was still on the ground,ā€ and picked up the victimā€™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€˜extraordinaryā€™ 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.ā€™ (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 cityā€™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 Districtā€™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 cityā€™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 couldnā€™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 Bowserā€™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 Bowserā€™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 couldnā€™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 mayorā€™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 mayorā€™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 Districtā€™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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District of Columbia

LGBTQ budget advocates fight for D.C. resources in a tough fiscal year

‘Trying to preserve life-saving services’ amid $1 billion cut

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Heidi Ellis, coordinator of the DC LGBT Budget Coalition. (Photo courtesy of Heidi Ellis)

The months and days leading up to June are especially busy for LGBTQ Washingtonians. For one group, the DC LGBT Budget Coalition, which works year-round to ensure LGBTQ residents are represented and financially supported by the D.C. government, this time of year is their Super Bowl. Beginning in April, the D.C. Council and Mayorā€™s Office hold budget hearings for the next fiscal year.

With D.C.’s budget now under review, the Washington Blade spoke with Heidi Ellis, coordinator of the DC LGBT Budget Coalition, about the groupā€™s top priorities and their push to ensure continued support for queer communities.

ā€œThe LGBTQ Budget Coalition was founded in 2020 at the height of the pandemic, as a way for the community to work together to advocate for key funding and policy changes,ā€ Ellis said. ā€œWe recognized we were stronger together. A lot of groups are often pitted against each other for resources and dollars. This coalition was founded out of a need for unity. Since then, weā€™ve successfully advocated for more than $20 million in dedicated LGBTQ investments.ā€

In addition to coordinating the coalition, Ellis is the founder and CEO of HME Consulting & Advocacy, a firm that helps build coalitions and advance policy initiatives that address intersectional issues in the LGBTQ community. One of its most powerful tools, she explained, is direct outreach through community surveys.

ā€œWe actually do community surveys to see what people need and whatā€™s top of mind,ā€ Ellis said. ā€œOf course, we also pay attention to the broader political landscape ā€” like the current threats to HIV funding. That helps us prioritize.ā€

Because the coalition is comprised of more than 20 organizations across various sectors ā€”healthcare, housing, community organizing ā€” Ellis said its diversity enables it to connect grassroots needs to potential policy solutions.

ā€œOur coalition includes service providers, community groups, health and housing advocates-folks who are deeply plugged into whatā€™s happening on the ground,ā€ she said. ā€œThey help determine our direction. We know we donā€™t represent every queer person in D.C., but our coalition reflects a wide range of identities and experiences.ā€

The insights gathered through those surveys ultimately inform the coalitionā€™s annual budget proposal, which is submitted to the Council and mayor.

ā€œThatā€™s how we got to our FY26 priorities,ā€ she said. ā€œThis year, more than ever, weā€™re fighting to protect what weā€™ve already secured ā€” funding and policies weā€™ve had to fight for in the past. We know thereā€™s concern around this budget.ā€

One of the challenges this year is that the D.C. governmentā€™s operating budget and some of its legislation must be approved by Congress. With a projected decline in tax revenue and a Republican-controlled Congress that has historically opposed LGBTQ funding, the Coalition has had to think strategically.

ā€œEven before the situation on the Hill, the CFO projected lower revenue,ā€ Ellis said. ā€œThat meant cuts to social programs were already coming. And now, with the $1 billion slashed from D.C.ā€™s budget due to the continuing resolution, weā€™re not only fighting for D.C.ā€™s budget and autonomy, but also trying to preserve life-saving services. Our message is simple: Donā€™t forget about queer people.ā€

This yearā€™s proposal doesnā€™t include specific dollar figures. Instead, the Coalition outlines five funding priority areas: Healthcare, Employment & Economic Equity, Housing, Safety & Community Support, and Civil Rights.

Why no exact amounts? Ellis said itā€™s because not all solutions are financial.

ā€œSome of our asks donā€™t require new funding. Others build on existing programs-weā€™re asking whether the current use of funds is the most effective. Weā€™re also proposing policy changes that wouldnā€™t cost extra but could make a real difference. Itā€™s about using what we have better,ā€ she said.

When drafting the proposal, the Coalition tries to prioritize those with the most pressing and intersecting needs.

ā€œOur perspective is: If we advocate for the most vulnerable, others benefit too,ā€ Ellis said. ā€œTake LGBTQ seniors. Some may have done well in life but now face housing insecurity or struggle to access affordable healthcare. Many in our coalition are elders who fought on the frontlines during the AIDS epidemic. They bring critical historical context and remind us that Black and brown communities bore the brunt of that crisis.ā€

ā€œI love our coalition because it keeps us accountable to the moment,ā€ she added. ā€œIf we center those most marginalized, we can make an impact that lifts everyone.ā€

In addition to healthcare and housing, safety remains a top concern. The Coalition has fought to maintain funding for the Violence Prevention and Response Team (VPART), a city-supported group that includes MPD, community-based organizations, and the Mayorā€™s Office of LGBTQ Affairs. VPART responds to crimes affecting the LGBTQ community and connects victims to legal, healthcare, and housing services.

ā€œWeā€™ve pushed to make VPART more proactive, not just reactive,ā€ Ellis said. ā€œThe funding weā€™ve secured has helped survivors get the support they need. Cutting that funding now would undo progress weā€™re just beginning to see.ā€

At the end of the day, Ellis emphasized that this process is about far more than spreadsheets.

ā€œA budget is a moral document,ā€ she said. ā€œIf weā€™re not represented, youā€™re telling us our lives donā€™t matter at a time when we need protection the most. When people canā€™t get food, medicine, housing ā€” that has a devastating impact. These are vital services.ā€

The DC LGBT Budget Coalition is urging residents to support a letter-writing campaign to D.C. Council members and the mayor. You can send a letter here: https://actionnetwork.org/letters/fully-fund-dcs-lgbtq-communities

Read the full FY26 budget proposal here: https://drive.google.com/file/d/1bTrENnc4ZazJTO6LPrQ3lZkF02QNIIf1/view

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