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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.

Gansler’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 general’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.

“You have asked whether those marriages may be recognized under state law,” Gansler said in his opinion, which is addressed to Madaleno. “The answer to that question is clearly ‘yes.’”

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 “public policy” 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 state’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 doesn’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 state’s “interest” 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.

“The Court of Appeals would start from the general principle that a marriage that is valid in the place of celebration remains valid in Maryland,” he said in his opinion. “There 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.”

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 state’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.

“While 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,” he says. “In light of Maryland’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.”

In response to a second question raised by Madaleno, Gansler says in his opinion that Maryland Gov. Martin O’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.

“An executive order of the governor must be consistent with existing Maryland law, as enacted by the General Assembly and construed by the courts,” Gansler says.

LGBT rights groups hailed Gansler’s opinion as an important breakthrough for the marriage equality movement.

“Today is a day to celebrate,” said Morgan Meneses-Sheets, executive director of Equality Maryland, a state LGBT advocacy group.

“Equality 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.”

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.

“The 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,” 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 Gansler’s opinion for “saying that recognition of out-of-state marriages of same-sex couples is consistent with Maryland law.”

Susan Sommer, director of the group’s Constitutional Litigation program, said the Gansler opinion “should 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.”

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 Gansler’s assessment that valid same-sex marriages from other jurisdictions have full legal standing in Maryland.

“Maryland’s typical practice, like all states historically, is to honor marriages rather than destabilize them,” Wolfson said. “The 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.”

While praising Gansler’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.

“Today’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,” said Joe Solmonese, president of the Human Rights Campaign. “With 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.”

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 Gansler’s opinion would back same-sex marriage recognition.

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

“His position about the opinion is that Attorney General Gansler had no right to issue the opinion, regardless of what the opinion is — that his constitutional limitations prohibit that,” Baucom said.

“He will be drawing up letters of impeachment against Attorney General Gansler,” she said, adding that the charges would be based on “violation of his oath of office.”

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District of Columbia

Activists praise Mayor Bowser’s impact on city, LGBTQ community

‘She made sure LGBTQ residents knew they were seen, valued, loved’

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Mayor Muriel Bowser has one more year in her term but announced she will not seek re-election next year. (Washington Blade file photo by Michael Key)

Members of D.C.’s LGBTQ community offered their thoughts on the impact Mayor Muriel Bowser has had on them, the city,  and LGBTQ people in statements and interviews with the Washington Blade in the week following Bowser’s announcement that she will not run for re-election in 2026.

Bowser’s Nov. 25 announcement came during the third year of her third four-year term in office as mayor and after she served as a member of the D.C. Council representing Ward 4 from 2007 to Jan. 2, 2015, when she took office as mayor.

The LGBTQ activists and mayoral staffers who spoke to the Blade agreed that Bowser has been an outspoken and dedicated supporter on a wide range of LGBTQ-related issues starting from her time as a Council member and throughout her years as mayor.

Among them is one of the mayor’s numerous openly LGBTQ staff members, Jim Slattery, who has served in the Cabinet-level position as the Mayor’s Correspondence Officer since Bowser first became mayor. 

“As Mayor Muriel Bowser’s longest serving LGBTQIA+ staffer – dating back to her first term as the Ward 4 Council member – and a proud member of her Cabinet since day one of her administration, I have had the opportunity to witness her at work for the people she serves and leads,” Slattery said in a statement. “Noteworthy is that throughout the entirety of my 27 years in District government, I have always been able to do so as an out and proud gay man,” he stated.

Slattery added that he has witnessed first-hand Bowser’s “absolute belief” in supporting the LGBTQ community. 

Mayor Muriel Bowser, center, joins Jim Slattery and Andrew McCarty at the 2015 Brother, Help Thyself grant awards ceremony. (Washington Blade file photo by Michael Key)

“She has led on HIV/AIDS prevention and treatment, on shelter for vulnerable members of our community, housing for older members of the community, and has been a reliable and constant presence at events to LGBTQIA+ residents,” Slattery said. Among those events, he said, have been World AIDS Day, the D.C. Pride Parade, the 17th Street LGBTQ High Heel Race, and WorldPride 2025, which D.C. hosted with strong support from the mayor’s office.

Ryan Bos, CEO & president of Capital Pride Alliance, the D.C. group that organizes the city’s annual LGBTQ Pride events and served as lead organizer of WorldPride 2025, praised Bowser for being a longtime supporter of that organization.

“She played a very supportive role in helping us as an organization grow and to be able to bring WorldPride to Washington, D.C.,” Bos told the Blade. “And we commend her years of service, And our hope is that she helps us to continue to advocate for the support from the D.C. government of the LGBTQ+ community, especially during these times,” Bos said.

Bos, who was referring to the Trump administration’s hostility toward LGBTQ issues and sharp cutbacks in federal funds for nonprofit organizations, including LGBTQ organizations, said Capital Pride Alliance appreciated  Bowser’s efforts to provide city funding for events like WorldPride.

“She provided support through the event process of WorldPride and ultimately along with the D.C. Council provided necessary funding to ensure WorldPride was a success,” Bos said. “And we are proud that we are able to show that Capital Pride and WorldPride had such a large economic impact for D.C. and the D.C. government,” he added. 

Marvin Bowser, Mayor Bowser’s gay brother who operates a local photography business and has been active in the D.C. LGBTQ community for many years,  said he has also witnessed first-hand his sister’s support for the LGBTQ community and all D.C. residents since the time she became a Council member and even before that.

Among his vivid memories, he said, was his sister’s strong support for the marriage equality law legalizing same-sex marriage in D.C. that the Council approved in 2009 under then-Mayor Adrian Fenty.

“I remember the first time she was standing up and giving clear and unequivocal support to the community when that law passed,” Marvin Bowser told the Blade. “And she was front and center in speaking very strongly in support of marriage equality,” he said.

Marvin Bowser also credits his sister with expanding and strengthening the then-Mayor’s Office of GLBT Affairs, among other things, by appointing advocate Sheila Alexander Reid as the office’s director in 2015. 

Reid, who for many years prior to becoming director of the GLBT Affairs office was founder and publisher of the national lesbian publication Women In The Life, had the reputation of a “rock star,” according to Marvin Bowser.

He recalls that Mayor Bowser also played a lead role in D.C.’s bid to host to the quadrennial international LGBTQ sports competition Gay Games for 2022.

D.C lost its bid for the 2022 Gay Games after the Federation of Gay Games selected Hong Kong to host the event in an action that Marvin Bowser says was unfair and based on the effort to hold the Gay Games for the first time in Asia even though D.C. had a stronger bid for carrying out the event.

“Everything she’s done for the community has been very visible and from the heart,” he said of Muriel Bowser. “And in my personal relationship with her, she has also been nothing but absolutely supportive of me and my partner over the years,” he said.

“And we were just at her house helping her put up Christmas decorations,” he added. “And so, it’s been wonderful having her as a sister.”

Veteran D.C. LGBTQ advocate Japer Bowles, who serves as the current director of the Mayor’s Office of LGBTQ Affairs, discussed the mayor’s record on LGBTQ issues in his own statement to the Blade. 

“Mayor Muriel Bowser has been an unwavering champion for D.C.’s lesbian, gay, bisexual, transgender, queer, intersex, and asexual community and movement,” he said. “Her more than 20 years of leadership brought consistent and historic investments for our LGBTQIA+ youth, seniors, veterans, and residents experiencing homelessness as well as impactful violence-prevention initiatives,” he added.

 “Under her leadership, the Mayor’s Office of LGBTQ Affairs grew into a national leader, delivering more than $10 million in community grants for LGBTQIA+ programs and managing 110 Housing Choice vouchers,” Bowles said in his statement.

“Because of her work, we are stronger, safer, more visible, and, proudly, ‘the gayest city in the world,’” he said in quoting Bowser’s often stated comment at LGBTQ events about D.C. being the world’s gayest city.  

In a statement that might surprise some in the LGBTQ community, gay D.C. small business owner Salah Czapary, who served from 2022 to 2024 as director of the Mayor’s Office of Nightlife and Culture as a Bowser appointee, criticized some of the city’s non-LGBTQ related polices under the Bowser administration as being harmful to small businesses.

Bowser appointed Czapary, a former D.C. police officer, to the nightlife office position shortly after he lost his race as an openly gay candidate for the Ward 1 D.C. Council seat held by incumbent Brianne Nadeau.

“Mayor Bowser led D.C. through turbulent years and major growth, and we can all be proud of her leadership on many fronts,”  Czapary said in a statement to the Blade. “She is also setting an example that more leaders should follow by stepping aside to allow a new generation to lead,” he said. “But as we turn the page, we must be honest about what the next mayor should deliver,” he says in his statement.

Without mentioning Bowser by name, he went on to list at least four things the next mayor should do that implied that Bowser did not do or did wrong. Among them were treating the D.C. Council as a “true governing partner,” not letting residents and small businesses “feel the weight of outdated, slow, and unresponsive systems,” and the need for leadership that “values competence over loyalty.”

He added that a “reversal” by the city of the city’s streetery program that was put in place during the COVID pandemic to allow restaurants to install outdoor seating into street parking lanes, was a “roll it back” on progress for small businesses.

He concluded by stating, “LGBTQ rights and inclusion are among the many fronts on which we can be very proud of the mayor’s leadership.” 

The mayor’s office did not immediately respond to an offer by the Blade to give the office an opportunity to respond to Czapary’s statement.  

A significantly different perspective was given by Sheila Alexander Reid, who said she was proud to serve as director of the Mayor’s LGBTQ Affairs Office during the first six-and-a-half years of Bowser’s tenure as mayor.

“I watched her evolve from a newly elected mayor finding her footing into a confident, seasoned leader who met every challenge head-on and time after time slayed the competition,” Alexander Reid said in a statement to the Blade.

Sheila Alexander-Reid and Mayor Muriel Bowser attend the opening of the DC Center for the LGBT Community inside the Franklin D. Reeves Municipal Center on April 21, 2015. (Washington Blade file photo by Michael Key)

“With each year in office, her voice grew stronger, more grounded, and more fearless,” her statement continues. “And she needed that strength, because being a Black woman mayor is not for the faint of heart, But Mayor Bowser never backed down. Instead, she showed the city what courageous, compassionate leadership truly looks like.”

Alexander Reid added that Bowser funded a new LGBTQ Community Center facility, expanded a workforce development program for the transgender community, and “made D.C. the first jurisdiction in the nation to require LGBTQ+ cultural competency training for healthcare providers.” 

She also pointed to the mayor’s LGBTQ “safety nets” through low-barrier shelters and housing vouchers and her support for LGBTQ celebrations like the 17th Street High Heel Race.

“But what inspired me most was this,” Alexander Reid stated. “At a time when some elected officials across the country were retreating from LGBTQ support, Mayor Bowser was doing the opposite. She leaned in, she doubled down. She made sure LGBTQ residents knew they were seen, valued, protected, and loved by their city.”

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District of Columbia

HIV/AIDS activists block intersection near White House

World AIDS Day provided backdrop for calls to fully fund PEPFAR

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HIV/AIDS activists chant 'Restore PEPFAR Now' as they block the intersection of 16th and I Street, N.W., near the White House on World AIDS Day. (Washington Blade photo by Michael Key)

Upwards of 100 HIV/AIDS activists on Monday blocked an intersection near the White House and demanded the Trump-Vance administration fully fund PEPFAR.

Housing Works, Health GAP, Treatment Action Group, AIDS United, ACT UP Philadelphia, and the National Minority AIDS Council organized the protest that took place at the intersection of 16th and I Streets, N.W. The activists then marched to Lafayette Park.

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

Activists since the Trump-Vance administration took office in January have demanded full PEPFAR funding.

Secretary of State Marco Rubio Jan. 28 issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Washington Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, has severely impacted their work.

The State Department in September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. The first doses of the breakthrough HIV prevention drug arrived in Eswatini and Zambia last month.

The New York Times in August reported Office of Management and Budget Director Russell Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration in July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29 said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

“Russell Vought, director of the Office of Management and Budget, has defied the appropriations authority of Congress, slashing the budget for the program despite full funding enacted by lawmakers, stealing $1.6 billion despite the direction of Congress that PEPFAR be fully funded,” notes a press release that detailed Monday’s protest. “As a result, lifesaving treatment and prevention programs have closed across dozens of sub-Saharan African countries, while Vought has refused to release money ringfenced by Congress to save lives.” 

Housing Works CEO Charles King speaks at the intersection of 16th and I Streets, N.W., in D.C. on Dec. 1, 2025. (Washington Blade photo by Michael Key)

Monday’s protest coincided with World AIDS Day.

The White House has not publicly acknowledged World AIDS Day. A State Department directive the New York Times obtained last week mandated employees and grantees “to refrain from messaging on any commemorative days, including World AIDS Day.”

“Trump thinks by banning commemoration of World AIDS Day, he can hide from the death and destruction that he’s causing around the world,” said Health GAP Executive Director Asia Russell in Lafayette Square. “But we’re here to say, we can see him. We see him stealing medicine, stealing support services, stealing HIV testing, stealing life-saving care from communities all around the world suffering and dying without access.”

The Clinton Health Access Initiative in a report it published last month said more people with HIV or are at risk of contracting the virus because of “HIV treatment and prevention cascades” during the first half of 2025. Specific figures include:

• 3.4 million fewer adults tested for HIV

• 24,000 fewer infants tested for HIV

• A 22 percent decline in new HIV diagnoses due to a reduction in testing among the most vulnerable, highest-risk people

• An 8 percent decline in people living with HIV receiving CD4 tests to diagnose advanced HIV disease

• 2,000 fewer infants and children with HIV started on life-saving medication

• A 37 percent reduction in PrEP initiations for people at risk for HIV

• 26,000 fewer infants and children on antiretroviral medications

• A 5 percent reduction in adults starting antiretroviral medications

• A 10 percent increase in people living with HIV disengaging from treatment

The Clinton Health Access Initiative also said more children around the world will die “due to undiagnosed and un- or under-treated HIV infection” if “these trends persist.”

The Human Rights Campaign Foundation in its 2025 Annual LGBTQ+ Community Survey notes more than 20 percent of adults said “policies the federal government have made accessing HIV prevention and treatment care more difficult in the last year.” The report indicates 30 percent of respondents identify as LGBTQ.

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Comings & Goings

Heng-Lehtinen joins Trevor Project as SVP

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Rodrigo Heng-Lehtinen (Washington Blade file photo by Michael Key)

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to RODRIGO HENG-LEHTINEN on his new role as Trevor Project Senior Vice President of Public Engagement Campaigns. On accepting the position, he said, “My mission has long been to stop LGBTQ, and especially trans, people from being perceived as political footballs and start getting us seen as real people – your friends, your families, your neighbors. Now I get to focus on that 100% at The Trevor Project.”  

Prior to this, he was executive director, Advocates for Trans Equality (A4TE), where he co-led the merger of two national transgender rights organizations, NCTE and TDLEF, to create the new organization. He had served as executive director of the National Center for Transgender Equality, leading that organization through a period of growth, restoring organizational size and stability. He had served as deputy executive director prior to that. Previously he served as vice president of Public Education, Freedom for All Americans, where he led a successful campaign for transgender nondiscrimination protections in New Hampshire.  He oversaw a full range of legislative lobbying, field organizing, and communications strategies and oganized a leadership coalition, established structure, and divided roles for key committees of 17 state and national partner organizations and local activists.   

Heng-Lehtinen conducted English-language interviews with outlets such as The New York Times, CNN, MSNBC, and Politico. He planned a Transgender Leadership Summit for the Transgender Law Center and served as Development & Donor Services Assistant, Liberty Hill Foundation. He earned his bachelor’s degree in Latin American Studies from Brown University.

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