Local
Cuccinelli challenges Va. sodomy ruling
Att’y gen’l asks appeals court for re-hearing of case


Virginia Attorney General Kenneth Cuccinelli is challenging a ruling that overturned the state’s sodomy law. (Washington Blade file photo by Michael Key)
Virginia Attorney General Kenneth Cuccinelli has filed a petition with the 4th Circuit U.S. Court of Appeals in Richmond asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.
The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s “Crimes Against Nature” statute that outlaws sodomy between consenting adults, gay or straight, is unconstitutional based on a U.S. Supreme Court decision in 2003 known as Lawrence v. Texas.
A clerk with the 4th Circuit appeals court said a representative of the Virginia Attorney General’s office filed the petition on Cuccinelli’s behalf on March 26. The petition requests what is known as an en banc hearing before the full 15 judges to reconsider the earlier ruling by the three-judge panel.
“We certainly hope they won’t,” said Claire Gastanaga, executive director of the ACLU of Virginia, which filed a friend of the court brief urging the three-judge panel to overturn the state sodomy law.
“We think it’s a situation in which everybody agrees that the statute is unconstitutional,” Gastanaga told the Blade.
Greg Nevins, an attorney with the LGBT litigation group Lambda Legal Defense and Education Fund, which joined the ACLU in filing the friend of the court brief calling for overturning the Virginia sodomy law, said requests for en banc hearings are turned down most of the time.
He quoted a federal appeals court rule as stating, “Although petitions for rehearing are filed in a great many cases, few are granted.”
Caroline Gibson, a spokesperson for Cuccinelli, told the Blade in an email that Cuccinelli believes the dissenting judge on the three-judge panel was correct in stating the Lawrence decision applies only to sex between consenting adults in private and doesn’t apply to cases involving a minor. The case in which the three-judge panel of the 4th Circuit Court of Appeals overturned the Virginia sodomy law involved a man charged with soliciting oral sex from a 17-year-old woman.
“We believe the panel decision was erroneous, and that the dissent correctly concludes that the petitioner was not entitled to federal habeas corpus relief, Gibson said, referring to the court’s decision to overturn the man’s conviction under the sodomy law. “So the full court should have the opportunity to decide this matter,” she said.
“Like most people, we think the court made the right decision,” said James Parrish, executive director of the LGBT advocacy group Equality Virginia.
“We think what needs to happen is the General Assembly needs to remove the current sodomy law that has been declared unconstitutional,” he said.
Parrish said Equality Virginia wouldn’t object to a careful revision by the legislature of the state’s criminal code to allow for continued prosecution of offenses such as sex with minors.
“What we’re saying is we agree with the court ruling that, in this case, the law was used unconstitutionally. The best course of action would be for the General Assembly to address that, just like they did with the cohabitation law that they took off the books this year,” he said.
“We think that’s a better recourse than the Attorney General filing another appeal and diverting precious state resources on an issue that the General Assembly should address because the court made the correct ruling on March 12,” Parris said.
Virginia State Sen. Adam Ebbin (D-Alexandria), who’s gay, said he is looking into the issue and the possibility of introducing legislation to address it.
“I’m reviewing this and will consider introducing a bill next year to repeal the Virginia Crimes Against Nature law for consenting adults,” he told the Blade.
The March 12 ruling of the appeals court’s three-judge panel overturned a lower court decision upholding the conviction of a 37-year-old man charged in 2005 with soliciting a 17-year-old woman to engage in oral sex. No sexual encounter took place, records show.
The Attorney General’s office argued that the Supreme Court’s Lawrence decision didn’t apply to cases involving minors. But 4th Circuit Appeals Court Judge Robert King, who wrote the majority opinion, said the Lawrence decision rendered the Virginia sodomy statue “facially” or completely unconstitutional.
He stated other laws could be used to prosecute an adult for engaging in sex with a minor and that the Virginia General Assembly would likely have authority under the Lawrence decision to pass a new law specifically outlawing sodomy between an adult and a minor.
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.”
District of Columbia
Two charged with assaulting, robbing gay man at D.C. CVS store
Incident occurred after suspects, victim ‘exchanged words’ at bar

D.C. police just after 1 a.m. on April 10 arrested two men for allegedly assaulting and robbing a gay man inside a CVS store at 1418 P St., N.W., according to a police report and charging documents filed in D.C. Superior Court.
The charging documents state that the alleged assault and robbery occurred a short time after the three men “exchanged words” at the gay bar Number 9, which is located across the street from the CVS.
The arrested men are identified in the charging documents as Marquel Jose Diaz, 27, of Northwest D.C., and Lorenzo Jesse Scafidi, 21, of Elizabeth City, N.C. An affidavit in support of the arrest for Diaz says Diaz and the victim “were previously in a relationship for a year.”
Court records show Diaz was charged with Simple Assault, Theft Second Degree, and Possession of a Controlled Substance. The court records show the controlled substance charge was filed by police after Diaz was found to be in possession of a powdered substance that tested positive for cocaine.
Scafidi was charged with Simple Assault and Theft Second Degree, the court records show.
The D.C. police report for the incident does not list it as a suspected hate crime.
The court records show both men pleaded not guilty to the charges against them at a Superior Court arraignment on the day of their arrest on April 10. The records show they were released by a judge while awaiting trial with an order that they “stay away” from the victim. They are scheduled to return to court for a status hearing on May 21.
The separate police-filed affidavits in support of the arrests of both Diaz and Scafidi each state that the two men and the victim “exchanged words” inside the Number 9 bar. The two documents state that both men then entered the CVS store after the victim went to the store a short time earlier.
Scafidi “came into the CVS shortly after and entered the candy aisle and slammed Complainant 1 [the victim] to the ground causing Complainant 1’s phone to fall out of CP-1’s pocket,” one of the two affidavits says. It says Scafidi “again picked up CP-1 and slammed him to the ground.”
The affidavit in support of Diaz’s arrest says Diaz also followed the victim to the CVS store after words were exchanged at the bar. It says that after Scafidi allegedly knocked the victim down in the candy aisle Diaz picked up the victim’s phone, “swung on” the victim “while he was still on the ground,” and picked up the victim’s watch before he and Scafidi fled the scene.
Without saying why, the two arrest affidavits say Diaz and Scafidi returned to the scene and were arrested by police after the victim and at least one witness identified them as having assaulted and robbed the victim.
Attorneys representing the two arrested men did not respond to phone messages from the Washington Blade seeking comment and asking whether their clients dispute the allegations against them.
The victim also did not respond to attempts by the Blade to obtain a comment from him. The police report says the victim is a resident of Fairfax, Va.
District of Columbia
Bowser calls for ‘extraordinary’ response to reduction in D.C. budget
Impact on city funding for LGBTQ programs and grants unclear

D.C. Mayor Muriel Bowser on April 15 issued an executive order calling for “extraordinary actions,” including “significant cuts in District Government services,” to address a decision by Congress to cut the city’s current budget by $1.1 billion.
The nine-page executive order points out that these actions became necessary after the U.S. House of Representatives has so far declined to vote on a free-standing bill approved by the U.S. Senate last month that would restore the $1.1 billion D.C. budget cut initially approved by the House.
In addition to large-scale cuts in city services, the mayoral order says the congressionally imposed city budget cut will bring about city “hiring freezes, financial impacts to employees, reductions and terminations in contracts and grants, and closures of District Government facilities.”
The order adds, “These are unprecedented actions given that the District itself adopted and is able to implement a fully balanced budget, but they are necessary due to the Congressional cut to the District’s budget and its inaction in timely fixing its legislative error.”
The House adjourned this week on a recess until the end of April, and congressional observers say it is unclear whether the majority Republican House will take up the Senate bill to undo the D.C. budget cut when the House returns from its recess. President Donald Trump has called on the House to approve the bill to restore the full D.C. budget.
Among the D.C. LGBTQ organizations and those providing services to the LGBTQ community that receive D.C. government funding and that could be impacted by the budget cuts are Capital Pride Alliance, which is organizing WorldPride 2025 set to take place in D.C. next month; and Whitman-Walker Health, one of the city’s largest private healthcare organizations that provides medical services for LGBTQ clients.
Also receiving city funding are the Wanda Alston Foundation, which provides housing services for LGBTQ people; and the LGBTQ youth advocacy and services organization SMYAL.
Spokespersons for the four organizations couldn’t immediately be reached to determine if they knew whether the soon-to-be implemented budget cuts would have an impact on the city funding they currently receive.
In response to questions from news reporters during an April 15 press conference call to discuss the Bowser executive order, Jenny Reed, director of the D.C. Office of Budget and Performance Management, said details on specific programs or funding allocations set to be cut would not be known until the mayor submits to the D.C. Council her Supplemental FY 2025 budget along with her proposed FY 2026 budget.
Reed was joined at the press briefing by Lindsey Parker, Mayor Bowser’s chief of staff; and Tomas Talamante, director of the Office of Intergovernmental Affairs.
They and other city officials have said the impact of the congressionally imposed city budget cut was expected to be lessened but remain highly problematic by Bowser’s decision to invoke a 2009 law that allows the city to increase its own spending without approval by Congress under certain circumstances.
The mayor has said under that law, the city would need to cut its FY 2025 budget by $410 million rather than by $1.1 billion. It couldn’t immediately be determined whether House Republicans, who initiated the requirement that the D.C. budget be cut by $1.1 billion, would challenge the mayor’s plan to invoke the 2009 law to reduce the size of the budget cut.
“Without the ability to fully execute the Fiscal Year 2025 budget as adopted and approved by the District, this gap will force reductions in critical services provided by our largest agencies, including the Metropolitan Police Department and the Fire and Emergency Medical Services Department,” the mayor’s executive order states.
“The District will continue to work with members of the House of Representatives to urge them to vote to fully restore the District’s Fiscal year 2025 budget and will continue to work with President Trump to strongly encourage the House of Representatives to take that action,” the order says.
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