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D.C. files Supreme Court brief defending marriage

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D.C. Attorney General Peter Nickles and other city attorneys have urged the U.S. Supreme Court not to take a case filed by a local minister seeking to overturn the city’s same-sex marriage law.

In a 35-page legal brief filed Dec. 17, the city attorneys argue that the D.C. Court of Appeals ruled correctly earlier this year that the District has authority to prohibit a voter initiative or referendum seeking to overturn the Religious Freedom and Marriage Equality Amendment Act of 2009.

“This case is not important enough to merit review” by the Supreme Court because it “lacks national importance as it is confined in effect to the District,” Nickles and the other attorneys said in their brief.

The case, known as Jackson v. the D.C. Board of Elections and Ethics, was initiated by Bishop Harry Jackson and other local opponents of same-sex marriage earlier this year.

The city filed its brief on the last day such a brief could be filed under Supreme Court rules.

Jackson and his allies are seeking to overturn separate rulings by the city’s election board and the D.C. Superior Court and Court of Appeals that the District’s initiative and referendum law doesn’t allow ballot measures that would have the effect of violating the city’s Human Rights Act. The act, among other things, bans discrimination based on sexual orientation.

Most legal observers say the Supreme Court traditionally defers to state appeals courts –- including the D.C. Court of Appeals — in matters that don’t have national implications. The observers, including local gay rights attorney Mark Levine, have said the high court would be violating its own precedent and possibly showing a sign of bias against same-sex marriage should it rule in favor of Jackson’s petition.

The city’s brief also seeks to refute a claim by Jackson’s attorneys that the Supreme Court can take on a case without national significance if the lower court ruling is reached through an “egregious error.”

“In fact, the appeals court decision is correct” and the “egregious error” argument doesn’t apply, Nickles and his team of city lawyers argue in the brief.

Jackson’s petition to the high court, known as a Petition for a Writ of Certiorari,” calls for the court to take on the case and involves a decision by the nine justices to accept or reject that request. Should they accept the case, the justices would then review it on its merits through oral and written arguments and issue a separate ruling.

Arthur Spitzer, legal director of the ACLU’s D.C. area office, said the Supreme Court is likely to decide whether to accept or reject the Jackson case in January.

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Virginia

Man went on ‘homophobic rant’ inside Va. pub that displayed Pride flags

Suspect arrested on charges of public intoxication, assaulting police officer

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Justin Wayne Hendricks was arrested in the case. (Photo courtesy of the Fairfax County Adult Detention Center)

The Hawk & Griffin British Pub located in Vienna, Va.,  posted a message on Facebook last week saying a man was arrested after going on a “homophobic rant” inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.

“Last night we had an incident here at the pub when a man came off the street to accost patrons in our beer garden because of our flags displayed for pride month,” the Hawk & Griffin Facebook posting says. “He then spit on our windows and came inside to confront our staff and patrons with homophobic rants,” the posting continues.

“Our manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,” the message says. “We want to thank the Vienna Police Department for their quick response. We are and will continue to be community focused and we will never stop working to create and maintain a place of inclusion and tolerance,” the statement concludes.

Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being “drunk in public” and  providing false identification to a police officer and with a felony count of assault on a police officer. A police spokesperson said Hendricks was also found to be in violation of an outstanding arrest warrant from Alexandria, Va., related to a prior charge of failing to register as a sex offender.

The spokesperson, Juan Vazquez, said Hendricks is currently being held without bond at the Fairfax County Adult Detention Center. Online records for the Fairfax County General District Court show that Hendricks is scheduled to appear at a preliminary hearing on Oct. 9.

“On Friday, June 28, around 9:28 p.m. the Vienna Police Department responded to reports of an intoxicated individual threatening customers of the Hawk & Griffin,” a Vienna police statement says. “Upon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,” according to the statement.

The statement adds that Hendricks was subsequently charged with being drunk in public, providing false information about his identity to police, and assault on a police officer along with being served with the outstanding warrant related to the prior charge in Alexandria of failing to register as a sex offender.

Details of the prior sex offender charge couldn’t immediately be obtained from online court records. However, the online records show that Hendricks has at least a dozen or more prior arrests between 2014 and 2023 on charges including public intoxication, trespassing, and failing to register as a sex offender.

Police spokesperson Vazquez said it would be up to prosecutors with the office of the Fairfax County Commonwealth’s Attorney to determine if a subsequent hate crime related charge would be filed in the case.

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Virginia

Parades, community events held to mark Pride Month in Va.

Upwards of 30,000 people attended PrideFest in Norfolk on June 22

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Shi-Queeta-Lee at Arlington Pride in Arlington, Va., on June 29, 2024. (Washington Blade photo by Michael Key)

Activists across Virginia last month held a series of events to mark Pride Month.

Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June. 

Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk. 

PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.

Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.

Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.

“You know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,” Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

“It was a great year,” he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.”

State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.

Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond. 

Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.

The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state. 

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Baltimore

Baltimore street named in honor of trans activist

Iya Dammons is founder of support groups Safe Haven in Baltimore, D.C.

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Iya Dammons was honored last week in Baltimore. (Photo courtesy Iya Dammons)

Baltimore city officials and LGBTQ activists participated in a ceremony on June 29 officially dedicating the renaming of a street in honor of transgender woman Iya Dammons, who founded and serves as executive director of the LGBTQ services organization Maryland Safe Haven.

A section of Baltimore’s 21st Street at the intersection of North Charles Street, where the Maryland Safe Haven offices are located, has been renamed Iya Dammons Way.

The ceremony took place six years after Dammons founded Maryland Safe Haven in 2018 and one year after she launched a Safe Haven operation in D.C.in 2023 located at 331 H St., N.E.

A statement on its website says Safe Haven provides a wide range of supportive services for LGBTQ people in need, with a special outreach to Black trans women “navigating survival mode” living.

“Through compassionate harm reduction and upward mobility services, advocacy support, and community engagement, we foster a respectful, non-judgmental environment that empowers individual agency,” the statement says. “Our programs encompass community outreach, a drop-in center providing HIV testing, harm reduction, PrEP, medical linkage, case management, and assistance in accessing housing services,” it says.

Among those participating in the street renaming ceremony were Baltimore City Council member Zeke Cohen, interim director of Baltimore Mayor Brandon Scott’s Office of LGBTQ Affairs Alexis Blackmon, and Dominique Morgan, an official with the national foundation Borealis Philanthropy, which provides financial support for transgender supportive nonprofit organizations, including Safe Haven.

“This is a significant achievement and historic moment for our city,” a statement by Maryland Safe Haven announcing the ceremony says. “Iya Dammons has been a tireless advocate for transgender rights and has worked tirelessly to provide safe spaces and resources for transgender individuals in our city,” it says. “This honor is well-deserved, and we are thrilled to see her contributions recognized in such a meaningful way.”

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