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Prop 8 lawyers honored at D.C. events

This week in Washington D.C., Whitman-Walker and the Cato Institute honored Ted Olson and David Boies, the lead attorneys in Perry v Schwarzenegger, the Federal case seeking to overturn California’s Proposition 8.

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Ted Olson and David Boies at the Cato institute (Blade photo by Michael Key)

The two lead attorneys in the widely followed lawsuit seeking to overturn the California ballot measure that bans same-sex marriage in the state and the attorney who successfully argued the Supreme Court case that overturned anti-gay sodomy laws were honored this week in Washington.

The Cato Institute, an LGBT supportive libertarian think tank, held a forum on Wednesday that featured presentations by conservative Republican lawyer Theodore Olson and Democratic attorney David Boies, who have teamed up to fight Proposition 8.

D.C.’s Whitman-Walker Health, formerly known as Whitman-Walker Clinic, was scheduled to present Olson, Boies and Washington attorney Paul Smith with its Joel A. Toubin Memorial Award at a reception Thursday evening. The award recognizes their legal work in support of the rights of LGBT people.

Smith was the lead attorney challenging state sodomy laws in the 2003 case known as Lawrence v. Texas, in which the high court ruled that laws banning intimate sexual relations between people of the same sex in the privacy of their home were unconstitutional.

In interviews with the Blade, Olson and Smith each said they were hopeful that the Lawrence decision would provide an important legal foundation for the Supreme Court to overturn Proposition 8 when that case reaches the high court possibly within the next two years.

Olson worked as U.S. Solicitor General defending federal laws before the Supreme Court during the administration of President George W. Bush. Prior to becoming solicitor general, Olsen represented Bush in a highly controversial Supreme Court case credited with deciding the outcome of the 2000 presidential election in favor of Bush over then Vice President Al Gore in a dispute over challenged ballots in Florida.

Olson told the Blade he doesn’t see his role in seeking to overturn what he calls a “highly discriminatory” ballot measure as a contradiction to his status as a conservative.

“I think those of us in the political world who care about individual rights and individual liberty and individual freedom and treating our fellow citizens with respect and decency and fairness and understanding ought to be in favor of changing laws that discriminate against people on the basis of sexual orientation,” he said.

The California-based American Foundation for Equal Rights, which retained Olson and Boies to challenge Prop 8 in court, was initially questioned by some LGBT groups and progressive legal experts for taking on too great a risk in seeking to bring the case before the U.S. Supreme Court. Some argued that the conservative-leaning court could very likely uphold Prop 8’s constitutional standing, setting a potentially harmful legal precedent.

Olson said he and Boies considered those concerns when they decided to take on the case.

“We felt it was important to go forward because we’ve been approached by persons who felt their constitutional rights were being denied to them,” he said. “And we felt that as lawyers, we couldn’t say, well we’re not going to represent you or we’re not going to try to vindicate your constitutional rights.”

Smith said he’s hopeful that the Supreme Court will uphold a lower federal district court ruling in Massachusetts, which declared as unconstitutional a provision in DOMA that bars the federal government from recognizing same-sex marriages legalized by states.

He said he and other attorneys seeking to overturn the DOMA provision banning federal recognition of same-sex marriages received an important boost when the Justice Department decided earlier this year to no longer defend the law in court. President Barack Obama has said he favors the full repeal of DOMA by Congress.

The president said he also believes DOMA is unconstitutional and determined the Justice Department should end all efforts to defend the law in court. The Republican-controlled U.S. House of Representatives has since stepped in to arrange for legal counsel to defend DOMA as it makes its way to the Supreme Court.

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Virginia

Mark Levine running in ‘firehouse’ Democratic primary to succeed Adam Ebbin

Outgoing gay Va. state senator has endorsed Elizabeth Bennett-Parker

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Former Virginia state Del. Mark Levine (D-Alexandria) (Washington Blade file photo by Michael Key)

Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) is one of four candidates running in a hastily called “firehouse” Democratic primary to be held Tuesday, Jan. 13, to select a Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria)

Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the administration of Gov.-elect Abigail Spanberger.

The Jan. 13 primary called by Democratic Party leaders in Alexandria and Arlington will take place less than a week after Ebbin announced his planned resignation.

According to the Community News of Alexandria publication, a public debate between the four candidates was scheduled to take place one day earlier on Monday, Jan. 12, from 7-9 p.m. at the Charles Houston Recreation Center in Alexandria.

The winner of the so-called firehouse primary will compete in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state Senate.

The other candidates competing in the primary on Tuesday, in addition to Levine, include state Del. Elizabeth Bennett-Parker, former Alexandria Vice Mayor Amy Jackson, and World Wildlife Fund executive Charles Sumpter.

Another Alexandria news publication, ALXnow, reports that Ebbin, Spanberger, and at least four other prominent Democrats in the Virginia General Assembly have endorsed Bennett-Parker, leading political observers to view her as the leading contender in the race.

“I have worked alongside Elizabeth and have seen her fight for the values of our community,” Ebbin said in a statement, ALXnow reports.

Arlington gay Democratic activist TJ Flavall said Parker-Bennett has attended LGBTQ community events and is known as an LGBTQ ally. 

Ebbin’s endorsement of Bennett-Parker over fellow gay politician Levine in the Jan. 13 firehouse primary follows what observers have said is a longstanding rivalry between the two over disagreements around legislative issues.

In 2021, Ebbin endorsed Parker-Bennett when she challenged Levine in the Democratic primary for his House of Delegates seat in the then 45th House District in Alexandria.

Parker-Bennett defeated Levine in that race at a time when Levine, in an unusual move, also ran for the position of lieutenant governor. He also lost that race.

ALXnow reports that in his Facebook announcement of his candidacy for Ebbin’s state Senate seat Levine discounted the relevance of the large number of prominent endorsements that Parker-Bennet has received. In campaigns that last for just a few days rather than weeks or months, “it’s about turnout,” ALX now quoted him as saying.

Levine, an attorney, has a longstanding record as an LGBTQ rights advocate. He worked as a legislative counsel to gay former U.S. Rep.  Barney Frank (D-Mass.) before becoming a radio talk show host and TV political commentator in Virginia prior to his election to the Virginia House of Delegates. 

The firehouse primary on Jan. 13, which is open only to voters with identification showing they live in the 39th District, will take place from 8:30 a.m. to 7 p.m. in these locations:

Alexandria: Charles E. Beatley, Jr. Public Library, 5005 Duke St.; and the Charles Houston Recreation Center, 901 Wythe St.

Arlington:  Aurora Hills Library, 735 18th St. S.

Annandale: New John Calvin Presbyterian Church, 6531 Columbia Pike

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Virginia

Gay Va. State Sen. Ebbin resigns for role in Spanberger administration

Veteran lawmaker will step down in February

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Virginia State Sen. Adam Ebbin will step down effective Feb. 18. (Washington Blade file photo by Michael K. Lavers)

Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.

Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.

His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.

“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.

She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.   

“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.   

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Maryland

Steny Hoyer, the longest-serving House Democrat, to retire from Congress

Md. congressman served for years in party leadership

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At 86, Steny Hoyer is the latest in a generation of senior-most leaders stepping aside, making way for a new era of lawmakers eager to take on governing. (Photo by KT Kanazawich for the Baltimore Banner)

By ASSOCIATED PRESS and LISA MASCARO | Rep. Steny Hoyer of Maryland, the longest-serving Democrat in Congress and once a rival to become House speaker, will announce Thursday he is set to retire at the end of his term.

Hoyer, who served for years in party leadership and helped steer Democrats through some of their most significant legislative victories, is set to deliver a House floor speech about his decision, according to a person familiar with the situation and granted anonymity to discuss it.

“Tune in,” Hoyer said on social media. He confirmed his retirement plans in an interview with the Washington Post.

The rest of this article can be found on the Baltimore Banner’s website.

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