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Maryland prepares for marriage referendum

O’Malley’s signature makes state eighth to legalize gay nuptials

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Martin O'Malley

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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Rehoboth Beach

Rehoboth’s Blue Moon is for sale but owners aim to keep it in gay-friendly hands

$4.5 million listing includes real estate; business sold separately

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The real estate at Rehoboth’s Blue Moon is for sale for $4.5 million. (Washington Blade photo by Michael Key)

Gay gasps could be heard around the DMV earlier this week when a real estate listing for Rehoboth Beach’s iconic Blue Moon bar and restaurant hit social media.

Take a breath. The Moon is for sale but the longtime owners are not in a hurry and are committed to preserving its legacy as a gay-friendly space.

“We had no idea the interest this would create,” Tim Ragan, one of the owners, told the Blade this week. “I guess I was a little naive about that.”

Ragan explained that he and longtime partner Randy Haney are separating the real estate from the business. The two buildings associated with the sale are listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They are listed for $4.5 million. 

The bar and restaurant business is being sold separately; the price has not been publicly disclosed. 

But Ragan, who has owned the Moon for 20 years, told the Blade nothing is imminent and that the Moon remains open through the holidays and is scheduled to reopen for the 2026 season on Feb. 10. He has already scheduled some 2026 entertainment. 

“It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” Ragan said, noting that he turns 70 next year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.” 

He said there have been many inquiries and they’ve considered some offers but nothing is firm yet. 

Given the Moon’s pioneering role in queering Rehoboth Beach since its debut 44 years ago in 1981, many LGBTQ visitors and residents are concerned about losing such an iconic queer space to redevelopment or chain ownership.

“That’s the No. 1 consideration,” Ragan said, “preserving a commitment to the gay community and honoring its history. The legacy needs to continue.” He added that they are not inclined to sell to one of the local restaurant chains.

You can view the real estate listing here.

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Comings & Goings

Tristan Fitzpatrick joins TerraPower

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Tristan Fitzpatrick

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]

Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.

Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind. 

Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.

Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris. 

Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.

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District of Columbia

New queer bar Rush beset by troubles; liquor license suspended

Staff claim they haven’t been paid, turn to GoFundMe as holidays approach

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A scene from the dance floor of Rush at a preview night on Friday, Nov. 28. (Washington Blade photo by Michael Key)

The D.C. Alcoholic Beverage and Cannabis Board on Dec. 17 issued an order suspending the liquor license for the recently opened LGBTQ bar and nightclub Rush on grounds that it failed to pay a required annual licensing fee.

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14 Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

It describes itself on its website as offering “art-pop aesthetics, high-energy nights” in a space that “celebrates queer culture without holding back.” It includes a large dance floor and a lounge area with sofas and chairs.

Jackson Mosley, Rush’s principal owner, did not immediately respond to a phone message from the Washington Blade seeking his comment on the license suspension.  

The ABC Board’s order states, “The basis for this Order is that a review of the Board’s official records by the Alcoholic Beverage and Cannabis Administration (ABCA) has determined that the Respondent’s renewal payment check was returned unpaid and alternative payment was not submitted.”

The three-page order adds, “Notwithstanding ABCA’s efforts to notify the Respondent of the renewal payment check return, the Respondent failed to pay the license fee for the period of 2025 to 2026 for its Retailer’s Class CT license. Therefore, the Respondent’s license has been SUSPENDED  until the Respondent pays the license fees and the $50.00 per day fine imposed by the Board for late payment.”

ABCA spokesperson Mary McNamara told the Blade that the check from Rush that was returned without payment was for  $12,687, which she said was based on Rush’s decision to pay the license fee for four years. She said that for Rush to get its liquor license reinstated it must now pay $3,819 for a one-year license fee plus a $100 bounced check fee, a $750 late fee, and $230 transfer fee, at a total of $4,919 due.

Under D.C. law, bars, restaurants and other businesses that normally serve alcoholic beverages can remain open without a city liquor license as long as they do not sell or serve alcohol. 

But D.C. drag performer John Marsh, who performs under the name Cake Pop and who is among the Rush employees, said Rush did not open on Wednesday, Dec. 17, the day the liquor board order was issued. He said that when it first opened, Rush limited its operating days from Wednesday through Sunday and was not open Mondays and Tuesdays. 

Marsh also said none of the Rush employees received what was to be their first monthly salary payment on Dec. 15. He said approximately 20 employees set up a GoFundMe fundraising site to raise money to help sustain them during the holiday period after assuming they will not be paid.

He said he doubted that any of the employees would return to work in the unlikely case that Mosley would attempt to reopen Rush without serving liquor or if he were to pay the licensing fee to allow him to resume serving alcohol without having received their salary payment. 

As if all that were not enough, Mosley would be facing yet another less serious problem related to the Rush policy of not accepting cash payments from customers and only accepting credit card payments. A D.C. law that went into effect Jan. 1, 2025, prohibits retail businesses such as restaurants and bars from not accepting cash payments. 

A spokesperson for the D.C. Department of Licensing and Consumer Protection, which is in charge of enforcing that law, couldn’t immediately be reached to determine what the penalty is for a violation of the law requiring that type of business to accept cash payments.

The employee GoFundMe site, which includes messages from several of the employees, can be accessed here.

Mosley on Thursday responded to the reports about his business with a statement on the Rush website. 

He claims that employees were not paid because of a “tax-related mismatch between federal and District records” and that some performers were later paid. He offers a convoluted explanation as to why payroll wasn’t processed after the tax issue was resolved, claiming the bank issued paper checks.

“After contacting our payroll provider and bank, it was determined that electronic funds had been halted overnight,” according to the statement. “The only parties capable of doing so were the managers of the outside investment syndicate that agreed to handle our stabilization over the course of the initial three months in business.”  

Mosley further said he has not left the D.C. area and denounced “rumors” spread by a former employee. He disputes the ABCA assertion that the Rush liquor license was suspended due to a “bounced check.” Mosley ends his post by insisting that Rush will reopen, though he did not provide a reopening date.  

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