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Gansler predicts Md. marriage bill will pass in 2012

But AG warns of possible referendum

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Maryland Attorney General Doug Gansler predicted today that same-sex marriage would be legalized in the state next year.

He made the remarks during a forum at the Center for American Progress about the bill and prospects for a referendum that could overturn it.

“Our governor is now on board and other state leaders are on board, so I do believe it will have the momentum to get passed,” Gansler said.

In February, a measure that would legalize same-sex marriage passed the Maryland State Senate by a vote of 25-21. But the House scuttled the bill after LGBT advocates determined they lacked the votes for passage.

Gansler said the marriage bill came close to passage earlier this year and failed because of “political misjudment.”

“They thought that the Senate side of the Maryland Assembly would be the difficult part, and it turned out to be the House side that was more difficult,” Gansler said.

Gansler said passage didn’t happen because of the “microcosm in the Assembly that exists in the state, the heavy African-American vote, and so forth.”

If the Maryland Legislature passed the marriage legislation, opponents of same-sex marriage could seek to overturn the law through a voter-initiated referendum. Such a measure could appear on the ballot in 2012 at the same time voters would be going to the polls in the presidential race.

Gansler said opponents of marriage equality would “very likely” be able to obtain the necessary signatures to place the referendum on the ballot based on what he’s observed with the state’s DREAM Act, which would authorize in-state tuition benefits at local community colleges to undocumented students in some cases.

“As we just found with the DREAM Act, you can do that over the Internet — get signatures — so it would be very likely that it would actually be put on referendum,” Gansler said.

Gansler added the act of finding enough signatures for the referendum “would stay the enactment” of any marriage law that comes out of the Maryland Legislature.

“In between that time, we’d get a referendum,” Gansler said. “So, it would never actually become law unless and until it went to the voters.”

Gansler said the referendum “could very easily pass” in Maryland and said “the problem is with people most likely to vote” during the election. Still, Gansler said Maryland “would be the place” for a measure rescinding same-sex marriage to fail.

“I believe it’s the most liberal state now in the country, more so than Massachusetts in terms of Democrat-to-Republican registration,” Gansler said.

Gansler added that if the statute banning same-sex marriage remains in place, litigation could benefit gay couples because of the opinion he issued in 2009 saying out-of-state same-sex marriages should be recognized.

“Because of the opinion that I drafted, I believe that it’ll be challenged,” Gansler said. “It’ll go through the courts and be challenged at that point, and I think the Court of Appeals will find the law to be unconstitutional sometime between now and the end of that whole process.”

Gansler said a couple of cases “are already percolating” on whether same-sex couples can be divorced in Maryland who were married in another state. Another case in Western Maryland, Gansler said, challenged the law on the basis of the “spousal privilege.”

“The judge used our opinion in upholding the notion that this couple does have a spousal privilege because they were married in another state,” Gansler said.

Gansler continued, “So, I think if we go to the courts, we will win there. So, I think we win either way; it might take some time.”

The Maryland attorney general made the remarks during a forum highlighting a new report, titled “All Children Matter: How Legal and Social Inequalities Hurt LGBT Families,” which examines how shortcomings in the legal system negatively affect 2 million children living in LGBT families. The report was published by the Movement Advancement Project.

 

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Comings & Goings

David Reid named principal at Brownstein

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David Reid

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]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”

Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.

Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.

He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.

Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.

Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street. 

Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors. 

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District of Columbia

D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. ACLU spokesperson Andy Hoover said Jones has been on administrative leave since March 2022. Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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