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District of Columbia

HIV-positive D.C. attorney commissioned as officer with U.S. Army National Guard

Longtime National Guard member successfully challenged military HIV policy

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Lambda Legal CEO Kevin Jennings, at left, and Baraq Stein, at right, the partner of First Lt. Nicholas Harrison, place a lieutenantā€™s rank insignia on each side of Harrisonā€™s uniform during a commissioning ceremony in which Harrison was promoted from sergeant to First Lieutenant. (Photo by John Jack Photography)

Gay D.C. attorney Nicholas Harrison, a longtime member of the U.S. Army National Guard, was officially commissioned as a First Lieutenant in the D.C. Army National Guard at an Aug. 5 ceremony.

The ceremony at the D.C. National Guard Armory located next to RFK Stadium took place a little over a year after Harrison, who was diagnosed with HIV in 2012, successfully challenged the militaryā€™s longstanding policy of banning soldiers with HIV from becoming commissioned officers in a lawsuit initially filed in 2018.

In what LGBTQ and AIDS activists consider a landmark ruling, the U.S. District Court for the Eastern District of Virginia handed down a decision in April 2022 declaring the militaryā€™s HIV restrictions unconstitutional. The decision ordered the U.S. Department of Defense to discontinue its policy of refusing to deploy and commission as officers members of the military with HIV if they are asymptomatic and otherwise physically capable of serving.

Two months after that ruling, the Biden administration announced it would not contest the court ruling in an appeal, and a short time later U.S. Secretary of Defense Lloyd Austin issued a memorandum announcing changes in the military policy that would allow members of the military with HIV to be deployed and become officers in accordance with the court ruling.

The memorandum states that individuals ā€œwho have been identified as HIV positive, are asymptomatic, and who have clinically confirmed undetectable viral load will have no restrictions applied to their deployability or to their ability to commission while a service member solely on the basis of their HIV-positive status.ā€

Kevin Jennings, CEO of Lambda Legal, the LGBTQ litigation organization that represented Harrison in his lawsuit and who attended Harrisonā€™s commissioning ceremony, called the court ruling and the Biden administrationā€™s decision not to appeal the ruling an important advancement in efforts to remove barriers to people with HIV who wish to serve in the military.

ā€œToday is a historic day in Washington, D.C., as we witness the commissioning of Nick Harrison,ā€ Jennings and Lambda Legal Senior Attorney Kara Ingelhart said in a statement. ā€œAlthough the journey to wearing his officerā€™s bars took several years, Nickā€™s perseverance, along with his legal team and other involved service members, helped to realize his dream of becoming an officer in the District of Columbia Army National Guard,ā€ Jennings and Ingelhart said.

Among the more than 50 people who attended Harrisonā€™s commissioning ceremony were family members, friends, LGBTQ rights advocates, and fellow service members.

Serving as master of ceremonies at the event was Dr. Joshua Fontanez, chair of the board for the Modern Military Association of America, the nationā€™s largest organization representing LGBTQ military service members, their spouses, family members, and veterans. The association joined Lambda Legal in supporting Harrisonā€™s lawsuit to overturn the militaryā€™s HIV policy.

Donald Cravins Jr., the U.S. Under Secretary of Commerce for Minority Business Development, administered the oath of office commissioning Harrison to the rank of First Lieutenant.

And Jennings of Lambda Legal and Baraq Stein, Harrisonā€™s partner, performed the ceremonial ā€œPinning of Rankā€ by attaching the lieutenantā€™s rank insignia on each side of the shoulder of the Army uniform that Harrison was wearing at the ceremony.

ā€œThis commissioning ceremony, steeped in long-standing military tradition, is intentionally focused on honoring the network of support and inspiration that brought me to this juncture,ā€ Harrison said in remarks following his official commissioning.

ā€œMy own path has been far from conventional, leading me into the heart of a storm that allowed me to become part of a larger narrative ā€“ challenging the militaryā€™s discriminatory HIV policies through a landmark court case brought by Lambda Legal and the Modern Military Association of America,ā€ he said.

A native of Oklahoma, Harrison joined the U.S. Army in September 2000 at the age of 23, at the time he was about to enter his third year as a student at the University of Central Oklahoma. He said he served for three years as an airborne paratrooper with a Parachute Infantry Regiment in Anchorage, Alaska.

After completing his initial enlistment in the Army, he resumed his university studies while joining the Oklahoma National Guard. He graduated in May 2005 with a bachelorā€™s degree and ā€œproceeded to Oklahoma City Universityā€™s law school,ā€ he told the Blade in a statement.

In March 2006, while enrolled in law school, he was deployed to Afghanistan with the Oklahoma National Guardā€™s 45th Infantry Division, he recounted in his statement. Upon his return, he said he had to restart his law school studies at the University of Oklahoma in August 2007.

After receiving a law degree and Master of Business Administration degree he was deployed once again, this time to Kuwait and Iraq. ā€œOn my return, I passed the bar and began job hunting, which led me to Washington, D.C. in July 2013,ā€ he says in his statement.

In October of 2013, he transferred his National Guard membership from Oklahoma to D.C. by joining the D.C. National Guard, where he was assigned to a military police company with the rank of sergeant, he said. During that same year, he was selected for a Judge Advocate General position, which involves duties similar to a civilian judge.

Having been diagnosed with HIV the previous year, he requested a waiver from the militaryā€™s HIV policy that would have allowed him to take on his new JAG position. But his request was turned down, prompting him to initiate a campaign to challenge what he and many others believed to be an outdated policy denying fully capable people with HIV from serving in positions as military officers.

A short time later, through support from Lambda Legal and an organization that later became the Modern Military Association of America, he filed his lawsuit challenging the militaryā€™s HIV policy that has led to what his supporters are calling the landmark event on Aug. 5 during which he became a commissioned officer.

Harrison, however, said the Army has interpreted the changed HIV rules in a way that has forced him to take his case once again to court to challenge a decision by Army officials to have him reapply to join the National Guard under the new policy rather than commission him as an officer retroactively based on his 23 years of military service.

Having to reapply, Harrison told the Washington Blade, would require him to serve in the National Guard for another eight years, even though he became eligible to retire in 2020. He has contested the decision to require him to reapply before the same court that overturned the militaryā€™s discriminatory HIV policy and before the Army Board for the Correction of Military Records, which he says has the authority to ā€œrectifyā€ the Armyā€™s position on reenlistment.

Jennings of Lambda Legal said at Harrisonā€™s commissioning ceremony that Harrisonā€™s ongoing dispute with military officials indicates that some details related to Harrisonā€™s case must still be worked out.

ā€œBut today we really should just celebrate Nickā€™s perseverance,ā€ Jennings told the Blade. “His determination, and the fact that he has made history has paved the way for thousands of people.ā€

In his remarks following his commissioning, Harrison said among the lessons he has learned in his many years in the military is the need to be respectful of the military as an institution and to engage in ā€œrespectful disagreementā€ when at odds with others.

ā€œWhen I chose to don the uniform, to become part of an institution that has had its share of failures, it was not a decision made lightly,ā€ he said. ā€œI embarked on this journey because I believe in the potential for change from within, in the power of standing up from within a marginalized community to serve, protect, and defend a nation that doesnā€™t always reciprocate in kind,ā€ he told the gathering.

Harrison currently serves as managing partner for the downtown D.C. law firm Harrison-Stein.

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District of Columbia

D.C. man fatally stabbed by partner was convicted twice for domestic violence

Ted Anthony Brown faces second-degree murder charge

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D.C. police said Tommy Hudson, 58, was found unconscious on the front steps of this house at 517 Harvard St., N.W. on May 26 shortly after he was fatally stabbed inside the house by his partner. (Blade photo by Lou Chibbaro, Jr.)

Prosecutors with the Office of the U.S. Attorney for D.C. disclosed in court filings that Tommy Hudson, 58, the gay man who was stabbed to death by his domestic partner on May 26, had a criminal record of eight arrests and convictions between 1987 and 2018, including two domestic violence assault convictions in which the partner charged with killing him was the victim.

Ted Anthony Brown, 54, who court records show had a longtime romantic relationship with Hudson, was charged on May 29 with second-degree murder while armed for allegedly fatally stabbing Hudson inside Brownā€™s apartment at 517 Harvard St., N.W., following an argument  He is being held in jail without bond while awaiting trial.

Charging documents filed in D.C. Superior Court show that at the time of his arrest, Brown waived his Miranda rights to remain silent and confessed to having stabbed Hudson, saying he did so after Hudson punched him in the face while the two were arguing.

ā€œBrown reported that he and the decedent have been involved in a romantic relationship for a significant period and that he was very jealous of the decedentā€™s possible infidelities,ā€ an affidavit by police in support of his arrest states. ā€œSuspect 1 [Brown] reported to detectives that he believed the decedent punching him to the face did not justify Suspect 1 stabbing the decedent, which ultimately killed him,ā€ the affidavit says.

Court records show that prosecutors with the Office of the U.S. Attorney on May 31 sent a letter to Brownā€™s defense attorney, Todd Baldwin, disclosing Hudsonā€™s prior arrests and convictions as part of a required discovery process in which prosecutors must disclose information relevant to a criminal case to the defense, even if the information may be harmful to the prosecutorsā€™ case at trial.

The prosecutorsā€™ letter, sent by Assistant U.S. Attorney Lauren Galloway, says Hudsonā€™s prior convictions include a 2018 charge of violating a Temporary Protection Order requiring he stay away from someone he was accused of threatening with domestic violence; a 2015 charge of domestic violence related simple assault against his partner Brown;  and a 2014 domestic violence related simple assault and unlawful entry charge also involving Brown.

 The letter says Hudson was also convicted of a 2012 charge of Bail Reform Act violation; a 2010 charge of possession of cocaine; a 2002 charge of cruelty to an animal; a 2001 charge of felony ā€œescape;ā€ a 2000 charge of second-degree theft; a 1997 charge of violation of the Bail Reform Act; and a 1987 charge of criminal ā€œcontempt.ā€

Court records, meanwhile, show that on June 17 D.C. Superior Court Judge Anthony Epstein approved a motion by the defense calling for defendant Brown to undergo a mental health competency screening to determine whether he is competent to stand trial. Prosecutors did not oppose the motion. The judge scheduled a ā€œMental Observationā€ hearing for Brown on July 11 to review and assess the findings of the competency screening.

Court records also show that prosecutors agreed to keep a plea bargain offer they made earlier open until the findings of the mental health exam become known.

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District of Columbia

Bernie Delia, attorney, beloved Capital Pride organizer, dies at 68

Activist worked at Justice Department, White House as attorney

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Bernie Delia (Washington Blade photo by Michael Key)

Bernie Delia, a founding member of the Capital Pride Alliance, the group that organizes most D.C. LGBTQ Pride events, and who served most recently as co-chair of World Pride 2025, which D.C. will be hosting next June, died unexpectedly on Friday, June 21, according to a statement released by Capital Pride Alliance. He was 68.

ā€œIt is with great sadness that the Capital Pride Alliance mourns the passing of Bernie Delia,ā€ the statement says. ā€œWe will always reflect on his life and legacy as a champion, activist, survivor, mentor, friend, leader, and a true inspiration to the LGBTQ+ community.ā€

The statement says that in addition to serving six years as the Capital Pride Alliance board president, Delia served for several years as president of Dignity Washington, the local LGBTQ Catholic organization, where he helped create ā€œan environment for spiritual enrichment during the height of the AIDS epidemic.ā€

ā€œHe also had a distinguished legal career, serving as one of the first openly gay appointees at the U.S. Department of Justice and later as an appellate attorney,ā€ the statement reads.

Deliaā€™s LinkedIn page shows that he worked at the U.S. Department of Justice for 26 years, serving as an assistant U.S. attorney from 2001 to 2019. Prior to that, he served from 1997 to 2001 as associate deputy attorney general and from 1994 to 1997 served as senior counsel to the director of the Executive Office for United States Attorneys, which provides executive and administrative support for 93 U.S. attorneys located throughout the country.

His LinkedIn page shows he served from January-June 1993 as deputy director of the Office of Presidential Personnel during the administration of President Bill Clinton, in which he was part of the White House staff. And it shows he began his career as legal editor of the Bureau of National Affairs, which published news reports on legal issues, from 1983-1993.

The Capital Pride Alliance statement describes Delia as ā€œan avid runner who served as the coordinator of the D.C. Front Runners and Stonewall Kickball LGBTQ sports groups.”

ā€œHe understood the value, purpose, and the urgency of the LGBTQ+ community to work together and support one another,ā€ the statement says. ā€œHe poured his soul into our journey toward World Pride, which was a goal of his from the start of his involvement with Capital Pride.ā€

The statement adds, ā€œBernie will continue to guide us forward to ensure we meet this important milestone as we gather with the world to be visible, heard, and authentic. We love you, Bernie!ā€

In a statement posted on social media, D.C. Mayor Muriel Bowser said she and her administration were ā€œheartbrokenā€ over the news of Deliaā€™s passing.

ā€œBernie leaves behind an incredible legacy in our city and country ā€” through his life and advocacy, he helped pave a path for LGBTQIA+ residents in our city and within the federal government to live and work openly and proudly,ā€ the mayor says in her statement.

ā€œHe helped transform Capital Pride into one of the largest and most inclusive Pride celebrations in the nation ā€” a true reflection and representation of our people and values,ā€ the statement says. ā€œThis is the D.C. that Bernie helped build and that he leaves behind.ā€

“All of the hopes and dreams that we had about what Pride could be and what CPA could do, are things that Bernie actualized over the last many years and in his work for next year,ā€ said Vincent Slatt, Rainbow History Projectā€™s director of archiving in a statement. ā€œHe wasn’t the first one to say it, but he always reminded everyone: ā€˜we make each Pride special because, for someone, it is their first Pride, and they’ll remember it always.ā€™ Bernie lived that ideal each and every year. WorldPride 2025 will be a testament to his efforts and his legacy will live on ā€” it will be someone’s first Pride. We’ll try to make Bernie proud of us.ā€

Deliaā€™s oral history interview is part of the Rainbow History Project Archives. You can access it at rainbowhistory.org.

Ashley Smith, the Capital Pride Alliance president, said he and other Capital Pride officials became concerned when Delia did not respond to their routine calls or messages. Smith said he called D.C. police to arrange for a welfare check on Delia at his house in Northwest D.C. on Friday, June 21. He said police accompanied him to Deliaā€™s house and police entered the house and found Delia unconscious.

Smith said an ambulance was called and attempts to resuscitate Delia were unsuccessful. Smith said a definitive cause of death had not been determined other than it was due to natural causes. ā€œHe had a heart attack last year, so he had been recovering from that, but he seemed to have been doing in fairly good order,ā€Ā  Smith told the Blade.

Smith said the emergency medical technicians who arrived at the scene and who declared Delia deceased said, ā€œit looked like it probably had to do with the previous heart condition that he already had, and that itā€™s more than likely what it came from,ā€ Smith said in referring to Deliaā€™s passing. “He died peacefully at home,” Smith added.

Smith and Dignity Washington spokesperson Jake Hudson said Deliaā€™s two sisters, one from Baltimore and the other from Charlotte, N.C., were in D.C. working on funeral arrangements. Smith and Hudson said Capital Pride and Dignity planned to consult with the two sisters on plans for a possible Catholic mass in Deliaā€™s honor as well as a celebration of life that Smith said would take place in D.C. in August or September.

Capital Pride was also working with the sisters to create a memorial fund in Deliaā€™s honor that would raise money for the causes and programs that Delia supported over the course of his many years as an activist. ā€œItā€™s still being formulated,ā€ Smith said. ā€œThat will be forthcoming when we get ready to do the celebration of life ceremony and everything else,ā€ he said.

According to Smith, the sisters, in consultation with Joseph Gawlerā€™s and Sons funeral home in Northwest D.C,Ā  were making arrangements for a cremation rather than a burial.

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District of Columbia

D.C. Council budget bill includes $8.5 million in LGBTQ provisions

Measure also changes Mayorā€™s Office of LGBTQ Affairs

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The D.C. Council approved Mayor Muriel Bowserā€™s budget proposal calling for $5.25 million in funding for World Pride 2025. (Washington Blade photo by Michael Key)

The D.C. Council on June 12 gave final approval for a $21 billion fiscal year 2025 budget for the District of Columbia that includes more than $8.5 million in funding for LGBTQ-related programs, including $5.25 million in support of the June 2025 World Pride celebration that D.C. will be hosting.

Also included in the budget is $1.7 million in funds for the Mayorā€™s Office of LGBTQ Affairs, which includes an increase of $132,000 over the officeā€™s funding for the current fiscal year, and a one-time funding of $1 million for the completion of the renovation of the D.C. Center for the LGBTQ Communityā€™s new building in the cityā€™s Shaw neighborhood.

The D.C. LGBTQ+ Budget Coalition earlier this year asked both the D.C. Council and Mayor Muriel Bowser to approve $1.5 million for the D.C. Centerā€™s building renovation and an additional $300,000 in ā€œrecurringā€ funding for the LGBTQ Center in subsequent years ā€œto support ongoing operational costs and programmatic initiatives.ā€ In its final budget measure, the Council approved $1 million for the renovation work and did not approve the proposed $600,000 in annual operational funding for the center.

The mayorā€™s budget proposal, which called for the $5.25 million in funding for World Pride 2025, did not include funding for the D.C. LGBTQ Center or for several other funding requests by the LGBTQ+ Budget Coalition.

At the request of D.C. Council member Zachary Parker (D-Ward 5), the Councilā€™s only gay member, the Council approved at least two other funding requests by the LGBTQ+ Budget Coalition in addition to the funding for the LGBTQ Center. One is $595,000 for 20 additional dedicated housing vouchers for LGBTQ residents who face housing insecurity or homelessness. The LGBTQ housing vouchers are administered by the Office of LGBTQ Affairs.

The other funding allocation pushed by Parker is $250,000 in funds to support a Black LGBTQ+ History Commission and Black LGBTQIA+ history program that Parker proposed that will also be administered by the LGBTQ Affairs office.

Also at Parkerā€™s request, the Council included in its budget bill a proposal by Parker to change the Mayorā€™s Office of LGBTQ Affairs to become a ā€œstand-alone entityā€ outside the Executive Office of the Mayor. Parker told the Washington Blade this change would ā€œallow for greater transparency and accountability that reflects its evolution over the years.ā€

He said the change would also give the person serving as the officeā€™s director, who is currently LGBTQ rights advocate Japer Bowles, ā€œgreater flexibility to advocate for the interest of LGBTQ residentsā€ and give the Council greater oversight of the office. Parker noted that other community constituent offices under the mayorā€™s office, including the Office of Latino Affairs and the Office of Veterans Affairs, are stand-alone offices.

The budget bill includes another LGBTQ funding provision introduced by D.C. Council member Charles Allen (D-Ward 6) that allocates $100,000 in grants to support LGBTQ supportive businesses in Ward 6 that would be awarded and administered by the Office of LGBTQ Affairs. Allen spokesperson Eric Salmi said Allen had in mind two potential businesses on 8th Street, S.E. in the Barracks Row section of Capitol Hill as potential applicants for the grants.

One is the LGBTQ cafĆ© and bar As You Are, which had to close temporarily earlier this year due to structural problems in the building it rents. The other potential applicant, Salmi said, is Little District Books, D.C.ā€™s only LGBTQ bookstore thatā€™s located on 8th Street across the street from the U.S. Marine Barracks.

ā€œItā€™s kind of recognizing Barrackā€™s Row has a long history of creating spaces that are intended for and safe for the LGBTQ community and wanting to continue that history,ā€ Salmi said  ā€œSo, that was his kind of intent behind the language in that funding.ā€

The mayorā€™s budget proposal also called for continuing an annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents experiencing homelessness and housing instability.

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