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D.C. debates how to cope with crime as reform bill heads to Senate

House Democrats join GOP in voting to overturn measure

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‘Our LGBT community is something special, not just to Washington, D.C. but to the Metropolitan Police Department,’ said D.C. Police Chief Robert Contee. (Washington Blade file photo by Lou Chibbaro, Jr.)

Just over three weeks after the D.C. Council overturned Mayor Muriel Bowser’s veto of a controversial criminal code reform bill that the Council had passed unanimously last November, the Republican-controlled U.S. House of Representatives on Feb. 9 voted 250 to 173 to overturn the D.C. bill.

In a development that surprised some D.C. political observers, including LGBTQ activists, 31 House Democrats were among those joining Republicans in voting to overturn the sweeping 450-page Revised Criminal Code Act of 2022.

On the same day that it voted to overturn the crime bill, the House voted 260 to 162, with 42 House Democrats voting yes, to pass a second disapproval resolution calling for overturning a bill approved by the D.C. Council to allow non-citizens to vote in local D.C. elections.

Both bills must now go to the U.S. Senate, where Democrats have a slim majority and where just a few Democratic senators voting to overturn either of the two bills, including the crime bill, could result in passage of the disapproval measure. It would then go to President Joe Biden, who would be faced with the choice of vetoing the measures or allowing one or both of the two D.C. bills to be overturned.

The president has said he opposes both of the two disapproval resolutions in the House, but he has not said whether he would veto the disapproval measures.

Most of those who have expressed concern over the criminal code reform bill, including Bowser, D.C. Police Chief Robert Contee, and the Office of the U.S. Attorney for D.C., have said they support 95 percent of the bill’s provisions.

Supporters, including D.C. Council Chair Phil Mendelson (D-At-Large), point out that the voluminous bill was methodically developed over the past 16 years by the nonpartisan D.C. Criminal Code Reform Commission to modernize the city’s criminal code that has not been significantly changed since 1901. 

Mendelson and D.C. Council member Charles Allen (D-Ward 6), who headed the Council committee that drafted the legislation, strongly dispute claims that the bill would result in increased crime in the city or that it would hamper efforts by police to curtail crime.

The mayor has said her opposition centers around several of the bill’s provisions that, among other things, would eliminate most mandatory minimum prison sentences, reduce maximum sentences for crimes such as burglaries, carjackings, and robberies, and allow jury trials for all misdemeanor cases in which a prison sentence is possible.

Mayor Muriel Bowser vetoed a controversial criminal code reform bill, setting off a citywide debate about how to cope with crime. (Washington Blade file photo by Michael Key)

Critics say allowing a jury trial for most misdemeanor cases would overwhelm the D.C. Superior Court that they say already has too few judges to handle its criminal case load. Under the city’s 1971 Home Rule Act approved by Congress, the U.S. president appoints all D.C. court judges, and the U.S. Senate must confirm the appointments.

Supporters of the criminal code reform measure point out that it is currently drafted so it does not take effect until 2025, which they say will give the court system time to adapt to the new criminal code. But opponents, including the mayor, say that would not prevent the problems that they say the bill as currently written will bring about when it takes effect.

“This bill does not make us safer,” said Bowser in announcing her decision to veto the bill.

“While no one believes that penalties alone will solve crime and violence right now, we must be very intentional about messages that we are sending to our community, including prosecutors and judges,” the mayor said in a statement. “People, we know, are tired of violence and right now our focus must be on victims and preventing more people from becoming victims,” she said.

Bowser added that the bill would weaken what she said was an already lenient sentence for illegal gun possession by reducing the maximum sentence for carrying a pistol without a license and being a convicted felon in possession of a gun.

She has expressed strong opposition to Congress stepping in to overturn the bill, saying that it should be left up to the city to make any changes needed to improve the bill. Bowser last week submitted to the Council legislation calling for changes in the bill, including removing provisions in the current bill that would lower maximum penalties and allow jury trials for most misdemeanor cases.

Among the most outspoken critics of the criminal code revision bill has been the D.C. Police Union, whose chairperson, Gregg Pemberton, said the legislation would result in “violent crime rates exploding more than they already have.”

Most local LGBTQ organizations have not taken an official position on the bill. Capital Stonewall Democrats, the city’s largest local LGBTQ political group, has yet to take a position on the bill itself and most likely will not do so at this time, according to Monika Nemeth, the group’s recently elected president.

Nemeth said threats by Congress to overturn this and other D.C. bills are of great concern to the organization, and it reconfirms Capital Stonewall Democrats’ strong support for D.C. statehood.

Adam Savit, president of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican organization Log Cabin Republicans, said the local chapter also has not taken an official position on the D.C. criminal code bill. But he said in an email to the Blade that “we generally sympathize with the sentiments of the D.C. GOP,” which has come out against the legislation on grounds that it will result in a higher rate of crime in the city.

“Decreased penalties mean a decreased deterrent, and it will absolutely lead to increased criminality and further undermine the ability of the police to keep order,” Savit said in expressing his own opinion. “The way to protect LGBTQ citizens is to set credible penalties for violent crime and enforce the law,” he said.

The DC Center for the LGBT Community, which oversees its longstanding LGBTQ Anti-Violence Project, did not respond to a request by the Blade for comment on the crime bill.

The D.C. Gay and Lesbian Activists Alliance, however, has taken a position in strong support of the measure.

“We applaud the D.C. Council for enacting the Revised Criminal Code Act, an important modernization of our criminal laws that is the product of over 15 years of careful deliberation,” said GLAA President Tyrone Hanley in a statement to the Blade. Hanley said the statement was approved by the GLAA board.

“We have long known that mandatory minimums do not make communities safer, but exacerbate mass incarceration,” the GLAA statement says. “The larger symbolic reductions in maximum sentences for certain crimes bring them in-line with actual practice [by judges], plus research demonstrates that the length of sentence is not an effective deterrent to most crime,” the GLAA statement continues.

“We should not give in to right-wing narratives that some wish to use to exert power over D.C. and return to ineffective and harmful approaches,” the statement concludes.

Longtime D.C. gay activist and former GLAA President Rick Rosendall has taken a similar position, saying in an email to the Blade that opposition to the bill is based on “alarmist talking points.” Rosendall pointed to the assertion by D.C. Council member Kenyan McDuffie (I-At-Large) that some provisions in the bill actually raise penalties and create new categories of crimes that make it easier for prosecutors to prove.

Another longtime LGBTQ rights advocate and Democratic Party activist Peter Rosenstein has taken a differing view. He says he fully agrees with Bowser’s decision to veto the crime bill and said the Council should not have passed the separate bill to allow non-U.S. citizen D.C. residents the right to vote in local D.C. elections.

“Lowering the maximum possible penalties for burglaries, carjackings (now at their highest) and robberies, while residents are seeing a crime wave, is irresponsible and won’t make the city safer,” Rosenstein said in a Washington Blade commentary. “If Congress takes action on these bills, the Council must accept the full blame,” he said. “While Congress shouldn’t interfere with the D.C. government (I have long advocated for budget and legislative autonomy for the District) we don’t have it yet.”

D.C. Congressional Del. Eleanor Holmes Norton (D-D.C.) has strongly criticized the House for passing the disapproval resolutions calling for overturning the crime bill and the noncitizen voting rights bill. She said she is alarmed that Republican members of the House and Senate are once again attempting to intervene and usurp the will of the democratically elected D.C. local government. 

Norton noted that since Congress passed the D.C. Home Rule Act of 1971, creating the city’s elected mayor and Council – with Congress retaining the ability to make the final decision on all laws passed by the D.C. government – Congress has only used its power to overturn a D.C. law on three occasions over the past 40 years.

One of the three laws overturned by Congress was the Sexual Assault Reform Act of 1981, which called for repealing the city’s antiquated sodomy law that made it a crime for consenting same-sex adults and consenting heterosexual adult to engage in oral or anal sodomy. It took another 12 years for the Council to pass legislation repealing the D.C. sodomy law in 1993. At that time gay then-U.S. Rep. Barney Frank (D-Mass.) played a lead role in persuading Congress not to overturn the sodomy repeal law once again.

But with states throughout the country now passing or considering anti-LGBTQ bills, including bills targeting transgender people and drag performances, the emboldened action by the U.S. House on Feb. 7 to overturn two bills passed by the D.C. Council raises the possibility that GOP lawmakers in Congress might attempt to impose anti-LGBTQ policies on the District.

Norton has pointed out that although Congress has so far overturned only three D.C. laws, it has also imposed restrictions on the city through its power to control the city’s budget and spending. Without needing approval by the Senate, the GOP-controlled House has in the past — and can at this time — add hostile provisions to the city’s annual budget bill.

In recent years, the House has used the budget process to ban D.C. funding for abortions for women in financial need and to block the city from allowing the sale of marijuana as part of D.C.’s legislation – which Congress allowed the city to pass – decriminalizing the possession of marijuana.

Most LGBTQ activists contacted by the Blade said they haven’t had a chance to read the entire 450-page Revised Criminal Code Act, but from what they have learned about the bill from media reports leads them to believe it most likely would not impact LGBTQ people any more or less than the overall D.C. population.

Some activists, however, point out that transgender women of color have been targeted for crimes in the D.C. area, including murder, in greater numbers than others in the community. And the release by D.C. police in January of the city’s data on reported hate crimes in 2022 show that similar to the past 10 years or more, LGBTQ people were targeted for hate crimes in greater numbers than other categories of victims of hate crimes such as race, ethnicity, or religion.

“I’m not certain what contributes to the uptick in some types of calls that we’ve seen or some of the crimes that we’ve seen,” said D.C. Police Chief Robert Contee in response to a question from the Blade about what, if anything, police can do to address hate crimes targeting LGBTQ people.

“But our commitment is to investigate those cases thoroughly and hold people accountable when we identify people who are responsible for those types of crimes,” Contee said. “Our LGBT community is something special, not just to Washington, D.C. but to the Metropolitan Police Department,” he said. “They have a strong relationship with our Special Liaison Branch,” he noted, which oversees the department’s LGBT Liaison Unit.

“So, we’re going to continue to do the things we need to do to make sure that those calls are coming in and people are trusting us to report these crimes to us,” Contee told the Blade. “And again, we do everything we can to investigate those crimes.”

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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

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D.C. Police Captain Paul Hrebenak (right) embraces his husband, James Frasere, and the couple's son. (Photo courtesy of Hrebenak)

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.  

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Faith programming remains key part of Creating Change Conference

‘Faith work is not an easy pill to swallow in LGBTQ spaces’

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National LGBTQ Task Force Executive Director Kierra Johnson in D.C. in August last year. (Blade photo by Michael K. Lavers)

The National LGBTQ Task Force kicked off the 38th annual Creating Change conference in D.C. this week. This year, as with years past, faith and interfaith programming remains a key part of the conference’s mission and practice. 

For some, the presence of faith work at an LGBTQ+ conference may seem antithetical, and Creating Change does not deny the history of harm caused by religious institutions. “We have to be clear that faith work is not an easy pill to swallow in LGBTQ spaces, and they’re no qualms about saying that we acknowledge the pain, trauma, and violence that’s been purported in the name of religion,” Tahil Sharma, Faith Work Director for the National LGBTQ Task Force, said.

In fact, several panels at the conference openly discuss acknowledging, healing from, and resisting religious harm as well as religious nationalism, including one scheduled today titled “Defending Democracy Through Religious Activism: A panel of experts on effective strategies for faith and multi-faith organizing” that features local queer faith activists like Ebony C. Peace, Rob Keithan, and Eric Eldritch who are also involved in the annual DC Pride Interfaith Service.

Another session will hold space for survivors of religious violence, creating “a drop-in space for loving on each other in healing ways, held by Rev. Alba Onofrio and Teo Drake.”

But Sharma and others who organized the Creating Change Conference explained that “a state of antipathy” towards religious communities, especially those that align with queer liberation and solidarity, is counterproductive and denies the rich history of queer religious activism. “It’s time for us to make a call for an approach to LGBTQ+ liberation that uses interfaith literacy as a tool rather than as a weapon against us,” Sharma explained.

Recognizing a local queer faith icon

Along with the panels, fighting religious nationalism and fostering communion with aligned faith activists and communities is at heart of this year’s faith work. As Sharma shared, “the person that we’re honoring this year for the faith award is Rev. Dr. Sofía Betancourt, and Dr. Betancourt is an amazing leader and someone who really stands out in representing UUs but also representing herself unapologetically.” 

Based in the Washington, D.C. area, Dr. Betancourt has more than 20 years of experience working as a public minister, seminary professor, scholar, and environment ethicist, and public theologian. Her activism is rooted in her lived identities as a queer, multiracial, AfroLatine first-generation daughter of immigrants from Chile and Panama, and has been a critical voice in advancing the United Universalism towards anti-racist and pluralistic faith work. 

Creating a faith-based gathering space

Sharma also said that faith fosters a unique space and practice to encounter grief and joy. For this reason, Sharma wants to “create a space for folks to engage in curiosity, to engage in spiritual fulfillment and grounding but also I think with the times that we’re in to lean into some space to mourn, some space to find hope.” The Many Paths Gathering Space serves this purpose, where visitors can stop for spiritual practice, speak with a Spiritual Care Team member, or just take a sensory break from the bustle of the conference. 

This also means uplifting and foregrounding queer religious ephemera with an ofrenda to honor those who have passed, a display of nonbinary Korean American photographer Salgu Wissmath’s exhibition Divine Identity, and the Shower of Stoles, a collection of about 1,500 liturgical stoles and other sacred regalia representing the lives of lesbian, gay, bisexual, and transgender people of faith.

The Shower of Stoles

The collection was first started in 1995 by Martha Juillerat and Tammy Lindahl who received eighty stoles that accompanied them and lent them solace as they set aside their ordinations from the Presbyterian Church. The whole collection was first displayed at the 1996 General Assembly of the Presbyterian Church in New Mexico. The stoles, according to the Task Force, “quickly became a powerful symbol of the huge loss to the church of gifted leadership.”

Each stole represents the story of a queer person who is active in the life and leadership of their faith community, often sent in by the people themselves but sometimes by a loved one in their honor. About one third of all the stoles are donated anonymously, and over three-quarters of the stoles donated by clergy and full-time church professionals are contributed anonymously. 

The collection shows “not just the deep harm that has been caused that does not allow people to meet their vocation when they’re faith leaders, but it also speaks to how there have been queer and trans people in our [faith] communities since the beginning of our traditions, and they continue to serve in forms of leadership,” Sharma explained. 

Explicit interfaith work

Along with creating a sacred space for attendees, hosting workshops focused on faith-based action, and recognizing DC’s rich queer religious history, Creating Change is also hosting explicitly faith services, like a Buddhist Meditation, Catholic Mass, Shabbat service, Jummah Prayer Service, and an ecumenical Christian service on Sunday. Creating Change is also welcoming events at the heart of queer religious affirmation, including a Name/Gender/Pronoun/Identity Blessing Ritual and a reading and discussion around queer bibles stories with Rev. Sex (aka Rev. Alba Onofrio). 

But along with specific faith-based programs, Sharma explained, “we’re looking to build on something that I helped to introduce, which was the separation of the interfaith ceremony that’s happening this year which is a vigil versus the ecumenical Christian service which is now the only thing that takes place on Sunday morning.”

This includes an Interfaith Empowerment Service this evening and an Interfaith Institute tomorrow, along with “Sing In the Revolution,” an event where folks are invited “to actually engage in the joy and rhythm of resolution and what that looks like,” Sharma said. One of the key activators behind this work is Rev. Eric Eldritch, an ordained Pagan clergy person with Circle Sanctuary and a member of the Pride Interfaith Service planning committee. 

Affirming that queer faith work is part of liberation

The goal for this year, Sharma noted, alongside holding space and discussions about faith-based practice and liberation and intentional interfaith work–is to move from thinking about why faith matters in queer liberation spaces to “how is interfaith work the tool for how we’re engaging in our understanding of de-escalation work, digital strategies, navigating a deeper visioning that we need for a better world that requires us to think that we’re not alone in the struggle for mutual abundance and liberation,” Sharma explained.

It may surprise people to learn that faith work has intentionally been part of the National LGBTQ+ Task Force since its beginning in the 1980s. “We can really credit that to some of the former leadership like Urvashi Vaid who actually had a sense of understanding of what role faith plays in the work of liberation and justice,” Sharma said. 

“For being someone who wasn’t necessarily religious, she certainly did have a clear understanding of the relationship between those folks who are allies, those folks who stand against us, and then those folks who sit in between–those folks who profess to be of religious and spiritual background and also are unapologetically LGBTQ+,” he continued.

This year’s faith programming builds on this rich history, thinking about “a way to kind of open doors, to not just invite people in but our people to go out into the general scene of the conference” to share how faith-based work is a tool, rather than a hindrance, to queer liberation work.

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Sold-out crowd turns out for 10th annual Caps Pride night

Gay Men’s Chorus soloist sings National Anthem, draws cheers

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A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals. (Washington Blade photo by Lou Chibbaro, Jr.)

A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals hockey game held at D.C.’s Capital One Arena.

Although LGBTQ Capitals fans were disappointed that the Capitals lost the game to the visiting Florida Panthers, they were treated to a night of celebration with Pride-related videos showing supportive Capitals players and fans projected on the arena’s giant video screen throughout the game.

The game began when Dana Nearing, a member of the Gay Men’s Chorus of Washington, sang the National Anthem, drawing applause from all attendees.

The event also served as a fundraiser for the LGBTQ groups Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, and You Can Play, a nonprofit organization dedicated to advancing LGBTQ inclusion in sports.

“Amid the queer community’s growing love affair with hockey, I’m incredibly honored and proud to see our hometown Capitals continue to celebrate queer joy in such a visible and meaningful way,” said Alston Foundation Executive Director Cesar Toledo.

Capitals spokesperson Nick Grossman said a fundraising raffle held during the game raised $14,760 for You Can Play. He said a fundraising auction for the Alston Foundation organized by the Capitals and its related Monumental Sports and Entertainment Foundation would continue until Thursday, Jan. 22

Dana Nearing sings the National Anthem at the Washington Capitals Pride Night on Jan. 17. (Washington Blade photo by Lou Chibbaro, Jr.)

 A statement on the Capitals website says among the items being sold in the auction were autographed Capitals player hockey sticks with rainbow-colored Pride tape wrapped around them, which Capitals players used in their pre-game practice on the ice.

Although several hundred people turned out for a pre-game Pride “block party” at the District E restaurant and bar located next to the Capital One Arena, it couldn’t immediately be determined how many Pride night special tickets for the game were sold.

“While we don’t disclose specific figures related to special ticket offers, we were proud to host our 10th Pride night and celebrate the LGBTQ+ community,” Capitals spokesperson Grossman told the Washington Blade.

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