Local
Judge rules against Choi in ‘vindictive’ prosecution claim
Gay activist on trial for arrest over White House protest
A federal judge ruled on Oct. 11 that gay former Army Lt. Dan Choi cannot argue in his ongoing trial that he was targeted for “selective” or “vindictive” prosecution following his arrest last year for chaining himself to the White House fence in a protest against “Don’t Ask, Don’t Tell.”
In a 17-page decision, Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia overturned an earlier ruling by Magistrate Judge John Facciola that allowed Choi’s lawyers to pursue allegations of selective or vindictive prosecution in the trial, which began Aug. 29.
Lamberth’s decision, among other things, granted a petition by prosecutors for a Writ of Mandamus, a formal and unusual request challenging a ruling of a trial judge by appealing to a higher court or to another judge with greater authority.
Under Lamberth’s decision, Facciola is prohibited from “considering selective or vindictive prosecution as a defense to the merits of the prosecution,” prohibited from “allowing evidence as to either claim” and barred from entertaining any motion filed by Choi to dismiss the case based on selective or vindictive prosecution.
Facciola is presiding over a non-jury trial in which Choi is being prosecuted for a misdemeanor charge of disobeying a lawful police order to disperse from the White House fence. Although the prohibition against Choi’s use of a defense based on selective or vindictive prosecution is a blow to the defense, one of his attorneys, Norman Kent, said Sunday that the defense will move forward on other grounds and that Choi’s defense team remains confident that Choi will be found not guilty.
Choi was the only one of a group of protesters arrested during the November 2010 protest that did not agree to plead guilty to the charge in exchange for having the case dismissed if they weren’t arrested again at the White House within a four-month period.
Through his attorneys, Choi has argued that he had a constitutional right to handcuff himself to the White House fence. The attorneys also have contested the government’s case on a technicality, saying police ordered Choi to disperse from the sidewalk. They note that Choi was standing on an elevated ledge on which the White House fence is attached, not the sidewalk itself and thus Choi was not legally bound to obey the police order.
Lamberth said in his decision that prosecutors were correct in arguing that under longstanding court rules of evidence, a case alleging selective or vindictive prosecution must be initiated in a pre-trial motion, not during the trial itself.
Choi’s attorneys — Kent of Fort Lauderdale, Fla., and Robert Feldman of New York — have argued that they lacked sufficient evidence of selective or vindictive prosecution prior to the start of the trial. The two said persuasive evidence of a selective-vindictive prosecution only emerged during their cross-examination of government witnesses during the trial itself.
Following strong opposition by the prosecutor in the case, Facciola ruled on Aug. 31 that preliminary evidence existed to show a selective or vindictive prosecution could have occurred against Choi. Facciola ruled that Choi’s lawyers could go forward with using selective-vindictive enforcement as a defense.
Feldman and Kent argued that Choi’s decision to handcuff himself to the White House fence in November 2010 was identical to two prior White House protests in which he and others handcuffed themselves to the fence. They noted that while prosecutors charged Choi in the earlier protests under a local municipal statute that carried no jail time, in the November 2010 protests, they charged Choi under a more stringent federal statute that includes a possible sentence of six months in jail.
Feldman and Kent alleged that prosecutors chose the more stringent statute in the November case because Choi’s protests were embarrassing the Obama administration over the gays in the military issue. They said the harsher prosecution was in retaliation for Choi’s political message that the White House wasn’t moving fast enough to repeal “Don’t Ask, Don’t Tell.”
Assistant U.S. Attorney Angela George, the lead prosecutor in the case, disputed that assertion, saying the government prosecuted Choi for refusing to obey a lawful order by police to move away from the White House fence. She said Choi’s political message was irrelevant to the government’s case and had no role in the decision to prosecute him.
In court briefs, George said prosecutors charged Choi under a more stringent law in the November case because it was the third time in less than a year that he had been arrested for the same illegal conduct and the government has legal discretion to select different statutes or regulations under which to make an arrest in such a case.
Facciola put the trial on hold on Aug. 31 after George said the government would take the unusual step of challenging his ruling through a Petition for a Writ of Mandamus. Under U.S. District Court rules, the court’s chief judge rules on such a petition.
Kent told the Blade on Oct. 16 that following consultation with Choi he and Feldman are strongly considering appealing Lamberth’s decision to the U.S. Court of Appeals for D.C. He said Choi’s legal team would make a final decision on whether to file an appeal by Oct. 20, a deadline set by Judge Facciola for the two sides to inform the court whether an appeal will be made or whether the trial will resume.
Choi enjoyed widespread support from LGBT activists when he worked with the LGBT direct action group GetEqual last year in a series of non-violent civil disobedience protests at the White House and other locations to pressure Congress and the Obama administration to push harder for repeal of “Don’t Ask, Don’t Tell.”
But since Obama signed legislation approved by Congress repealing “Don’t Ask, Don’t Tell” and since the repeal took effect on Sept. 20, some activists have questioned the rationale for Choi’s decision to demand a trial in the current case. Some have asked why Choi is contesting the type of civil disobedience arrest that most other protesters acknowledge involves breaking a law and choose to resolve by paying a small fine or agreeing to a plea offer like the one prosecutors made to Choi.
Gay rights attorney and television commentator Mark Levine called non-violent civil disobedience arrests an important and historic tradition in the U.S. civil rights movement made famous by Martin Luther King Jr. in his efforts to end racial discrimination. Levine said the benefit of drawing public attention to an injustice comes from the arrest itself, “not a long drawn out trial that has the potential for wasting court resources that would be better used for something else.”
Choi has said he chose to take his case to trial because he believes his action handcuffing himself to the White House fence is protected by his First Amendment right to free speech and should not be considered an illegal act.
District of Columbia
Gay Men’s Chorus of Washington to celebrate Spring Affair honorees
‘Their work inspires our music and deepens our mission’
For 44 years, the Gay Men’s Chorus of Washington (GMCW) has served as a powerful voice for love, unity, and pride among Washington’s LGBTQ community and its allies. Since its first performance in 1981—at the opening of the National Gay Task Force’s Washington office (later becoming the National LGBTQ Task Force)—GMCW has built a politically engaged and culturally significant legacy as one of the nation’s foremost LGBTQ performing arts organizations.
As its music and mission evolved, GMCW deepened its involvement in supporting LGBTQ individuals and allies alike. In 2004, the chorus launched its first Spring Affair fundraiser. This annual event not only generates financial support for the inclusive choral group, but also honors individuals and organizations in the Washington community who exemplify GMCW’s mission of unity, equity, and empowerment through music.
Each year at the Spring Affair gala, the chorus honors one community leader, one external organization, and one GMCW member. For the 2025 gala, GMCW will recognize Bishop Mariann Edgar Budde, Atlas Performing Arts Center, and GMCW member Keygan Miller.
“These honorees remind us why we sing,” said Thea Kano, artistic director of the Gay Men’s Chorus of Washington, DC, in an email. “In moments when our community has needed strength, they’ve offered hope. Whether it’s a brave voice from the pulpit, a tireless advocate for our youth, or an organization that opens its doors to every story—each has chosen to lead with love, truth, and courage. Their work inspires our music and deepens our mission.”
GMCW will honor Bishop Mariann Edgar Budde, the first woman elected to lead the Episcopal Diocese of Washington, as its 2025 individual award recipient. A longtime champion of equity and inclusion, Bishop Budde gained national prominence during the Inaugural Prayer Service at Washington National Cathedral, where she spoke directly to newly sworn-in President Donald Trump.
“Have mercy, Mr. President,” she implored, lifting the hopes of the most vulnerable Americans targeted by Trump’s policies—particularly LGBTQ and immigrant communities. Her bold words signaled to the nation that she remains a genuine and outspoken voice for justice, unity, and truth, inspiring compassion and faith within and beyond her religious community.
GMCW will present the Harmony Award for an Organization to the Atlas Performing Arts Center, located in the historic H Street, N.E. corridor. In 2024 alone, Atlas hosted more than 400 events and provided $1.6 million in free and discounted tickets, arts education, community programming, and space use. Through this work, Atlas has amplified “artistic voices that reflect the full diversity of our community.”
The center has long partnered with GMCW, offering space for open mic nights, cabarets, GenOUT Chorus events like the Youth Summit, and even memorial services such as that for Bobby T. Boaz. Atlas exemplifies GMCW’s mission of storytelling, equity, and civic connection through programs like the INTERSECTIONS Festival and City at Peace.
“We are absolutely thrilled and deeply honored that the Atlas Performing Arts Center has been named a recipient of the GMCW Harmony Award! This recognition is a powerful affirmation of our commitment to uplifting voices, fostering inclusive creative expression, and building a space where everyone feels seen, heard, and celebrated,” said Jarrod Bennett, Executive Director of the Atlas Performing Arts Center.
“At the Atlas, our mission is rooted in the belief that the arts are for everyone—and that through performance, dialogue, and community, we can help shape a more just, compassionate world. To be acknowledged by the Gay Men’s Chorus of Washington, DC—an organization that has long stood at the forefront of championing equality and advancing the well-being of the LGBTQ+ community—is a profound and humbling honor. We continue to be inspired by GMCW’s work and are proud to stand alongside them in this shared vision. Thank you, GMCW, for this beautiful recognition. We carry it forward with gratitude and renewed energy for the work ahead.”
Finally, GMCW will honor Keygan Miller, a chorus member since 2017, for their leadership, advocacy, and commitment to equity both onstage and off. Within GMCW, Miller served as Vice President of Diversity and Inclusion, led conversations to expand trans inclusion, authored the “Day One” pledge, and played a critical role in shaping inclusive programming.
Outside the chorus, Miller serves as Director of Public Training for The Trevor Project, a national nonprofit focused on crisis intervention and suicide prevention services for LGBTQ youth under 25. They previously worked as an Advocacy Manager at the Trevor Project, where they championed policies protecting LGBTQ+ youth at every level of government.
As GMCW continues its mission to uplift and unite through music, the organization encourages new voices to join its ranks. GMCW welcomes all singers—regardless of gender identity or sexual orientation—who can sing in the lower vocal registers.
The 2025 Spring Affair Gala will take place on May 17, 2025, at The Ritz-Carlton, Washington, D.C. This annual benefit supports GMCW’s artistic and educational programming. For tickets, audition information, and more, visit GMCW.org.
District of Columbia
Activists stage reenactment of 1965 gay rights protest at White House
Event marked 60th anniversary of historic picketing
With dozens of tourists watching, a little over two dozen LGBTQ activists walked in a circular picket line carrying “homosexual rights” signs on the sidewalk in front of the White House on April 17 in a reenactment of the historic 1965 first gay rights protest outside the White House.
Organized by D.C.’s Rainbow History Project, the event marked the 60th anniversary of the 1965 protest, which was organized by gay rights pioneers Frank Kameny and Lilli Vincenz on behalf of the Mattachine Society of Washington, one of D.C.’s first gay rights groups that Kameny co-founded in the early 1960s.
“The White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride marches and the annual LGBTQ Pride celebrations which occur across the globe,” according to a leaflet prepared by Rainbow History Project that participants in the reenactment handed out to passersby and tourists.
Among those participating in the reenactment protest was longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the last known survivor of the 1965 White House gay rights protest. Kuntzler carried a replica of the sign he said he carried at the 1965 protest, which states, “Fifteen Million U.S. Homosexuals Protest Federal Treatment.”
Other signs carried by participants stated, “Homosexuals Died for Their Country, Too;” “White House Refuses Replies To Our Letters – Afraid Of Us?”; “Cuba’s Government Persecutes Homosexuals, U.S. Government Beats Them To It;” “Homosexuals are American Citizens, Too.”
The leaflet that participants distributed at the April 17 reenactment, which includes a photo of the 1965 event, lists what it says were the four main demands issued by the Mattachine Society of Washington in 1965.
They called for an end to “the exclusion of homosexuals from federal employment,” an end to the ban on gays from serving in the U.S. military, an end to the “blanket denial of security clearances for gay people,” and an end to the government’s refusal to meet with the LGBTQ community or to reply to their letters.
The leaflet includes an excerpt from a letter that Kameny wrote to then-President Lyndon B. Johnson around the time of the 1965 protest.
“We ask you, Mr. President, for what all American citizens – singly and collectively – have the right to ask,” the letter states. “That our problems be given fair, unbiased consideration…consideration in which we, ourselves, are allowed to participate actively and are invited to do so.”
The leaflet notes that although Kameny died in 2011 and Vincenz died in 2023, “their legacy is carried on by modern LGBTQ+ rights activists, who continue to advocate for employment opportunities, legal protections, inclusive health services, and more.”
Rainbow History Project official Vincent Slatt, one of the lead organizers of the reenactment protest, said his group had no trouble obtaining a permit from the National Park Service to hold the event outside the White House.
“I think the picket is going very, very well today,” he said while watching the picketers on the White House sidewalk. “We have a couple of dozen people participating. And there are lots of tourists engaging,” he said. “We’re handing out pamphlets to let them know about the historic picket and the importance of learning LGBT history.”
Slatt added, “But the highest impact is really that the media showed up to spread awareness of this.”
Lesbian activist Leticia Gomez, while walking on the White House picket line at the reenactment event, said she was among those who benefited from the 1965 protest and those that followed in support of LGBTQ rights.
“I’m blessed,” she said. “I got to work 34 years for the federal government as an out lesbian in the Department of the Navy,” she told the Blade. “So, because of what they did and all the other protests that came after that, it allowed me to have the career that I had.”
Also walking the picket line at the April 17 reenactment event was Deacon Maccubbin, owner of the former D.C. LGBTQ bookstore Lambda Rising and organizer of D.C.’s first Gay Pride Day event in 1975.
“It was really wonderful to be here today after 60 years,” he said. “I wasn’t at the first one,” he told the Blade. “But it’s just wonderful that this happened in 1965. It started the ball rolling, and all the progress that we’ve made, the fact that we do gay Pride every year in D.C. – all of those are dependent on this demonstration that got started in 1965.”
District of Columbia
Capital Pride wins $900,000 D.C. grant to support WorldPride
Funds not impacted by $1 billion budget cut looming over city
Capital Pride Alliance, the nonprofit D.C. group organizing WorldPride 2025, this week received a $900,000 grant from the city to help support the multiple events set to take place in D.C. May 17-June 8.
According to an announcement by D.C. Mayor Muriel Bowser and Events D.C., the city’s official convention, sports, and events authority, Capital Pride Alliance was one of 11 nonprofit groups organizing 2025 D.C. events to receive grants totaling $3.5 million.
The announcement says the grants are from the city’s Large Event Grant Program, which is managed by Events D.C. It says the grant program is funded by the Office of the D.C. Deputy Mayor for Planning and Economic Development through a grant from the U.S. Department of Commerce Economic Development Administration.
Nina Albert, the Deputy Mayor for Planning and Economic Development, told the Washington Blade that because the grants consist of federal funds already disbursed to the city, they are not impacted by the billion dollar budget cut imposed on the city by Congress earlier this year.
“WorldPride is one of the 11 grantees, and we’re really just excited that there’s going to be generated a large crowd and introducing the city to a national and international audience,” Albert said. “And we think it is going to be a real positive opportunity.”
The statement from the mayor’s office announcing the grants says funds from the grants can be used to support expenses associated with hosting large events such as venue rental fees, security, labor costs, equipment and other infrastructure costs.
“All of those things are things that we do for our major events, including WorldPride,” said Ryan Bos, executive director of Capital Pride Alliance. “So, the resources from this grant will be extremely helpful as we approach the final weeks of preparation of WorldPride Washington, D.C.,” he said.
Bos said Events D.C. has been an important partner in helping to promote WorldPride 2025 since the planning began more than two years ago. “And we’re excited to have them now support us financially to get us over the finish line and have an amazing event.”
Both Bos and Deputy Mayor Albert said WorldPride organizers and D.C. government officials were doing all they can to inform potential visitors from abroad and other parts of the U.S. that the local D.C. government that is hosting WorldPride is highly supportive of the LGBTQ community.
The two said WorldPride organizers and the city are pointing out to potential visitors that the local D.C. government is separate from the Trump administration and members of Congress that have put in place or advocated for policies harmful to the LGBTQ community.
“D.C. is more than the federal city,” Bos told the Blade. “It’s more than the White House, more than the Capitol,” he said. “We have a vibrant, progressive, inclusive community with many neighborhoods and a great culture.”
Marcus Allen, an official with Broccoli City, Inc., the group that organizes D.C.’s annual Broccoli City Music Festival, reached out to the Blade to point out that Broccoli City was among the 11 events, along with WorldPride, to receive a D.C. Large Event Grant of $250,000.
Allen said the Broccoli City Festival, which includes performances by musicians and performing artists of interest to African Americans and people of color, is attended by large numbers of LGBTQ people. This year’s festival will be held Aug. 8-10, with its main event taking place at Washington Nationals Stadium.
“Visitors from around the world come to D.C. to experience our world-class festivals and events,” Mayor Bowser said in the grants announcement statement. “These grants help bring that experience to life, with the music, the food, and the spirit of our neighborhoods,” she said. “Together with Events D.C., we’re creating jobs, supporting local talent, and showcasing the vibrancy of our city.”
The full list of organizations receiving this year’s Large Event grants are:
• Restaurant Association of Metropolitan Washington
• National Cherry Blossom Festival, Inc.
• Asia Heritage Foundation
• Capital Pride Alliance
• U.S. Soccer Federation
• Broccoli City, Inc.
• U.S.A. Rugby Football Union
• Washington Tennis and Education Foundation
• D.C. Jazz Festival
• Woolly Mammoth Theatre Company
• Fiesta D.C., Inc.
“Events DC is focused on creating unique experiences that result in jobs, economic impact, and lasting memories for residents, tourists, and guests,” said Events DC President and CEO Angie M. Gates in the announcement statement. “Through the Large Event Grant Program, we will support even more remarkable events this year that build community connections, celebrate our distinctive culture, and contribute to our economy.”
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