Local
Maryland prepares for marriage referendum
O’Malley’s signature makes state eighth to legalize gay nuptials
Maryland Gov. Martin O’Malley was scheduled to sign the state’s marriage equality bill into law on Thursday. (Washington Blade file photo by Michael Key)
Maryland Gov. Martin O’Malley was scheduled to sign a bill to legalize same-sex marriage at a ceremony at the State Capitol building in Annapolis Thursday afternoon, highlighting what LGBT activists consider an historic advancement for marriage equality.
O’Malley’s signature on the Civil Marriage Protection Act was also considered the kick-off for what political observers predict will be an acrimonious referendum campaign in which opponents will ask Maryland voters to kill the bill before it becomes law.
Opponents were expected to gather the required number of petition signatures needed to place the referendum on the ballot for the November election.
The governor’s bill signing ceremony was set to take place one week after the Maryland Senate voted 25 to 22 to approve the marriage bill. The vote came after senators supporting the bill defeated six hostile amendments introduced by opponents.
The vote to approve the bill triggered a burst of applause and cheers in the Senate chamber by supportive lawmakers and LGBT activists, who packed the visitors gallery.
“We could not be more grateful to the senators who today voted to make all Maryland families stronger,” said Joe Solmonese, president of the Human Rights Campaign, which is a member of Marylanders for Marriage Equality, a coalition of LGBT and allied organizations that pushed for the bill.
“Today we took another giant step toward marriage equality becoming law — and we are in this position due to the unwavering leadership and resolve of Gov. O’Malley and our legislative allies,” Solmonese said.
U.S. House Minority Leader Nancy Pelosi (D-Calif.) called the Senate vote “an extraordinary victory for the people of Maryland and a critical step forward in the march for marriage equality nationwide.”
Pelosi added, “As a native Marylander, this vote is a source of personal pride; as an American this action is a symbol of our progress as a nation and as a people.”
Maryland Sen. Rich Madaleno (D-Montgomery County) said he considers himself a ‘married man’ and part of the ‘family of Maryland’ without the right to legalize his and his partner’s relationship with a marriage license. (Washington Blade photo by Michael Key)
The Senate vote came six days after the Maryland House of Delegates passed the bill by a razor-thin two-vote margin. That vote followed an intense lobbying effort by O’Malley, who is credited with helping to persuade the few wavering Democratic delegates needed to put the bill over the top.
Unlike past years, O’Malley this year introduced the marriage bill as part of his legislative package and placed all of the resources of his office behind the bill.
But supportive and opposing lawmakers acknowledged in the Senate floor debate Thursday night that the Civil Marriage Protection Act now faces its most daunting hurdle — a bruising referendum campaign leading up to the November election, when voters will have the final say on whether the bill should be enacted into law.
Public opinion polls show Maryland voters are nearly evenly divided on the issue of same-sex marriage, with supporters showing a slight lead.
Most political observers believe opponents of the bill have the resources to gather the required number of petition signatures needed to place the measure on the ballot in the November election, when President Barack Obama’s name will also be on the ballot.
The referendum campaign received a boost last Friday, when the Fox TV station in Baltimore, WBFF, posted a prominent link to the website gathering signatures for the referendum on its homepage.
Scott Livingston, news director at WBFF, denied any corporate involvement in promoting the referendum campaign.
“We are not endorsing any element of this debate,” Livingston told the Blade. “We see it as a political process. Our goal is letting viewers understand they have a voice in the debate.” He added that the site has now been “modified.” The link that previously sent readers directly to the petition site now goes to a new page within the WBFF site that also includes a link to Equality Maryland’s website. The change followed what Livingston characterized as a “handful” of complaints from WBFF viewers.
The marriage bill died in the House of Delegates last year after clearing the Senate. Supporters decided to pull it from the House floor without a vote after determining they didn’t have the votes to pass it.
The Senate passed the bill last year by a vote of 25-21. Its approval of the bill on Thursday night by a 25-22 vote did not represent a change in the breakdown of supporters and opponents, according to observers at the state capital in Annapolis.
Sen. Joanne Benson (D-Prince George’s County) announced her opposition to the bill last year but was unable to reach the Senate floor to vote at that time, resulting in her being listed as not voting. Benson voted ‘no’ on the bill this time.
She was among 11 Democrats who voted against the bill last week, opposing the 24 Democrats who voted ‘yes’ in the 47-member Senate.
Eleven Republicans voted against the bill, with just one, Sen. Allan Kittleman (R-Carroll & Howard Counties), voting for it.
In the House debate, several opponents delivered highly emotional speeches condemning the bill as a threat to traditional marriage and an infringement on religious rights. The Senate debate was more measured, with opponents saying their positions were based mostly on religious beliefs while expressing respect for same-sex couples.
Sen. Jamie Raskin (D-Montgomery County), an American University law professor, served as floor leader for the marriage bill. LGBT advocates for the bill have long credited him with using a firm but diplomatic approach in refuting arguments that legalizing same-sex marriage would infringe on religious rights or create problems for traditional marriage.
Sen. Rich Madaleno (D-Montgomery County), the Senate’s only openly gay member, called on his colleagues to support the bill to provide equality and dignity to “all” families, including those headed by same-sex couples.
“We all cherish families,” he said, adding that the bill is intended for “people who find love and want a family.”
Noting that he and his partner are raising two kids, Madaleno said he considers himself a “married man” and part of the “family of Maryland” without the right to legalize his and his partner’s relationship with a marriage license.
“It is the marriage license that symbolizes the commitment,” he said. “It makes it worthwhile. I want that marriage license in the State of Maryland.”
In his closing remarks, Raskin praised his fellow senators on both sides of the political aisle for their “extraordinary civility and decency and even affection that pervaded these very tough discussions.”
He told of his personal bout with colon cancer last year, just as the Senate deliberated over the marriage bill, saying his doctors have given him a “clean bill of health” at this time.
“But I learned that there is a difference between misfortune and injustice in life,” he said, noting that a cancer diagnosis, which can happen to anyone, is a misfortune.
“But if you find someone to love in this life and to have and to hold and to dedicate your life to and you have kids together and you want to be married… and you can’t do it, that’s not a misfortune, that’s an injustice because we have the power to do something about it,” he said. “And today we have.”
Senate observers said Senate President Thomas V. Mike Miller (D-Anne Arundel County), who voted against the bill, took the unusual step of explaining why he did so. Miller, who has said all along that he opposes same-sex marriage on religious grounds, has been praised by the bill’s supporters for making sure it would reach the floor for a vote.
“Am I on the wrong side of history?” he asked. “As a historian, there is no doubt about it… I believe marriage is between a husband and a wife and that is why I voted the way I did,” he said.
Should Maryland’s marriage equality bill clear the referendum hurdle, the state joins D.C., Massachusetts, New York, Iowa, New Hampshire, Connecticut, Vermont and Washington State in allowing same-sex couples to marry.
“There remains a lot of work to do between now and November to make marriage equality a reality in Maryland,” said HRC’s Solmonese. “Along with coalition partners, we look forward to educating and engaging voters about what this bill does. It strengthens all Maryland families and protects religious liberty.”
Evan Wolfson, executive director of Freedom to Marry, the national same-sex marriage advocacy organization, startled HRC and other partners of the Marylanders for Marriage Equality coalition earlier this year when he expressed concern that supporters of the bill had not demonstrated the capability to win in a referendum fight.
“Lesbian and gay couples, their families, and non-gay friends and neighbors made a powerful case for the freedom to marry, which all should enjoy,” Wolfson told the Blade after the Maryland Senate vote Thursday night.
“The lawmakers responded to these moving stories of love and commitment,” he said. “Now, HRC, Marylanders for Marriage Equality, and those who led the passage of this bill must defend it against the attack coming in November. “
Asked if Freedom to Marry would become involved in the Maryland referendum fight, Wolfson said only, “You have my comment.”
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Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
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