Local
Supreme Court rejects D.C. marriage challenge
Action ends effort to force ballot measure
(Blade photo by Michael Key)
The U.S. Supreme Court issued an order today denying a request by a local minister to consider a case seeking to force the District of Columbia to allow voters to decide whether to repeal the city’s same-sex marriage law.
The order, which did not include any statement or opinion, ends the effort by Bishop Harry Jackson and other local opponents of same-sex marriage to go through the courts to impose a ballot measure calling for overturning the Religious Freedom and Civil Marriage Equality Amendment Act of 2009, which legalized same-sex marriage in the District.
None of the Supreme Court’s nine justices issued a dissent in their unanimous determination not to take the case.
“We are pleased that the Supreme Court turned down Bishop Jackson’s request for review of the Court of Appeals decision on marriage equality,” said Peter Rosenstein, president of the Campaign for All D.C. Families, the local group that campaigned for passage of the marriage equality law.
“This confirms our belief that what the D.C. Council did is both legal and just,” he said. “Equality will not be denied.”
Rosenstein was referring to a decision last October by the D.C. Court of Appeals that upheld an earlier ruling by the city’s Board of Elections and Ethics to reject a voter initiative proposed by Jackson and other same-sex marriage opponents calling for repealing the marriage equality law.
In the case known as Jackson v. the D.C. Board of Elections and Ethics, Jackson sought to force the city to hold a voter initiative that, if approved, would repeal the same-sex marriage law and replace it with a new law defining marriage in the District as a union only between a man and a woman.
The Court of Appeals decision stated that D.C. City Council acted within its authority under the city’s congressionally mandated Home Rule Charter when it imposed certain restrictions more than 30 years ago on the types of initiatives and referenda that could be placed on the ballot.
Among the restrictions adopted then was a ban on ballot measures that, if approved by voters, violate the non-discrimination provisions of the D.C. Human Rights Act. The act, among other things, bans discrimination based on sexual orientation.
Jackson and a team of lawyers representing him argued that Council violated the Home Rule Charter by adopting the ballot measure restrictions.
The Supreme Court today rejected Jackson’s request for a Petition for a Writ of Certiorari, which asked the court to hear the case to enable Jackson to appeal the ruling of the D.C. Court of Appeals. By denying that request, the Supreme Court allowed the Court of Appeals decision to permanently remain in effect.
“Today’s action by the Supreme Court makes abundantly clear that D.C.’s human rights protections are strong enough to withstand the hateful efforts by outside anti-LGBT groups to put people’s basic civil rights on the ballot,” said Joe Solmonese, president of Human Rights Campaign.
“For almost two years, the National Organization for Marriage and the Alliance Defense Fund, along with Bishop Harry Jackson, have fought a losing battle to shamelessly harm gay and lesbian couples in D.C. who seek nothing more than to share in the rights and responsibilities of marriage,” Solmonese said.
According to the Supreme Court’s public docket, the nine justices deliberated over whether to hear the Jackson case in a private conference held last Friday. Under longstanding court rules, the justices usually announce a decision on whether to accept or reject a case on the next business day following such a conference.
With the Supreme Court denying Jackson’s court challenge to the same-sex marriage law, marriage equality opponents are expected to take their fight back to Congress by resuming earlier requests for Congress to either overturn the D.C. marriage law or to impose a new law forcing the city hold a ballot measure to allow voters to decide the issue.
D.C. Council member Phil Mendelson (D-At-Large), who chairs the committee that shepherded the same-sex marriage law through the Council in 2009, said city voters have demonstrated through the city’s 2010 primary and general election that the marriage law was not a pressing issue for them.
He noted that despite promises by same-sex marriage opponents to work for the defeat of all Council members who voted for the marriage law, just a few candidates opposing the law surfaced in the elections and all of them lost by lopsided margins.
“They’ve lost in the courts, they lost overwhelmingly in the Council 12 to 1 [when the marriage bill came up for a vote in December 2009], and they lost at the ballot box,” he said. “Now they’ve lost their last chance, their last gasp in the judicial system.”
Jackson couldn’t be immediately reach for comment.
Rev. Anthony Evans, a D.C. minister who is working with Jackson to overturn the D.C. same-sex marriage law, called the Supreme Court’s refusal to hear the Jackson case “a travesty of justice.”
“This law was forced down the church’s throat and what the Supreme Court has set up is the greatest civil war between the church and the gay community,” Evans said. “And let me just state for the record, we don’t want that fight. We love our gay brothers and sisters. But if the Supreme Court is not going to acknowledge the fact that we have a right as religious people to have a say-so in the framework of religious ethics for our culture and society, then we reject the Supreme Court on this issue.”
Supporters of the same-sex marriage law have noted that large numbers of local religious leaders from all denominations, including black churches, came out in support of the law. Many have begun peforming same-sex marriages.
Evans, an official with the D.C.-based National Black Church Initiative, said local same-sex marriage opponents have began discussions with “our Republican friends” in Congress to take steps to challenge the D.C. marriage law. He declined to disclose further details but said he and others opposed to the marriage law lobbied GOP leaders on the Hill to strip congressional delegate Eleanor Holmes Norton (D-D.C.) of her voting privileges on the House floor.
Since Republicans took control of the House earlier this month, GOP leaders revoked Norton’s limited floor voting privileges that Democrats gave her when they took control of the House in 2007. House GOP leaders also revoked the limited voting privileges for delegates representing U.S. territories and Puerto Rico.
“[O]ur first action was to make sure that Eleanor didn’t get a vote as punishment for her wholehearted support for same-sex marriage in this city and also for her to ignore the black religious community,” Evans said. “There is a consequence to her actions. That was one of them.”
Norton, reached at her office late Wednesday, disputed Evans’ claim that same-sex marriage opponents played any role in her loss of House voting privileges.
Norton was referring to House Republican leaders’ decision to strip her of voting privileges when they gained control of the House in 1995. Democrats restored her voting privileges when they regained control of the House in 2007.
“But in any case, shame on any resident who wants the District of Columbia not to have a vote,” she said.
Norton said she expected some members of Congress to attempt to overturn the city’s same-sex marriage law through legislation, although she was hopeful that Democrats and moderate Republicans would join forces to defeat such legislation.
“I can tell you that I’ve had a good conversation with an important Republican who’s not interested,” she said, referring to efforts to overturn the D.C. marriage law. “That doesn’t mean that won’t happen. But there are Republicans here who would not like to get all mixed up with social issues.”
Virginia
Man went on ‘homophobic rant’ inside Va. pub that displayed Pride flags
Suspect arrested on charges of public intoxication, assaulting police officer
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.
Virginia
Parades, community events held to mark Pride Month in Va.
Upwards of 30,000 people attended PrideFest in Norfolk on June 22
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.
Baltimore
Baltimore street named in honor of trans activist
Iya Dammons is founder of support groups Safe Haven in Baltimore, D.C.
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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