Connect with us

Local

Jackson petitions Supreme Court in D.C. marriage case

Local officials mum on filing opposition brief

Published

on

Attorneys for Bishop Harry Jackson, the minister who has led efforts to kill D.C.ā€™s same-sex marriage law, filed a petition last week asking the U.S. Supreme to weigh in on whether the city should allow voters to decide whether to overturn the law.

In a filing known as a petition for a Writ of Certiorari, Jacksonā€™s attorneys asked the high court to allow Jackson and six others to appeal a decision earlier this year by the D.C. Court of Appeals rejecting their lawsuit seeking to force the city to hold a ballot measure on the marriage law.

D.C. Attorney General Peter Nickles, who has been praised for his strongly worded briefs defending the same-sex marriage law in court, has yet to say whether the city will file a brief opposing Jacksonā€™s Supreme Court petition.

City officials, including presumptive Mayor-elect Vincent Gray, have said they remain strongly supportive of the same-sex marriage law and would martial all the needed resources to defend it if the Supreme Court agrees to take Jacksonā€™s case.

Supreme Court rules say briefs opposing a Petition for a Writ of Certiorari are not mandatory. One gay rights attorney said opposing parties often donā€™t file opposition briefs if they believe the high court is unlikely to approve a certiorari petition.

ā€œI would think Peter Nickles might still write something,ā€ said gay rights attorney Mark Levine. ā€œBut he may choose not to.ā€

Spokespersons for Nickles and the mayor’s office did immediately respond to calls asking if the city plans to file an opposition brief on the case.

The city has 30 days to file an opposing brief.

Four of the nine Supreme Court justices are needed to approve a petition for certiorari, which allows a case to come before the court for consideration on its merits. The court turns down the overwhelming majority of cases that come before it through petitions of certiorari, according to information posted on the courtā€™s website.

Should the court agree to take the case, five of the nine justices are needed to issue a ruling in Jacksonā€™s favor by overturning the appeals court decision.

Levine said itā€™s unlikely that the Supreme Court would agree to take the case, although he said its past rulings on some controversial cases have surprised legal observers.

The D.C. Court of Appeals ruled earlier this year that the cityā€™s Board of Elections and Ethics was correct in disqualifying Jacksonā€™s proposed ballot measure seeking to overturn the same-sex marriage law. The election board cited a city law governing voter initiatives and referenda that it said prohibits the city from holding such a ballot measure because, if approved, it would violate the D.C. Human Rights Actā€™s ban on discrimination based on sexual orientation.

Jackson and his attorneys argue that the law restricting ballot measures that go against provisions in the D.C. Human Rights Act is invalid because it violates the cityā€™s Home Rule Charter, which Congress passed in the early 1970s.

The election board and a D.C. Superior Court judge rejected that claim as did the Court of Appeals. Each said the ballot measure restriction doesnā€™t violate the Home Rule Charter.

In March, before the appeals court issued its decision on the case, Jacksonā€™s lawyers filed an emergency motion asking the Supreme Court to issue a stay preventing the same-sex marriage law from taking effect until the appeals court ruled on the matter.

Chief Justice John Roberts denied the request for a stay, saying Jackson and others opposed to the marriage law could not show that they could win the case on its merits, or that allowing the law to take effect would cause them irreparable harm at that time.

However, Roberts said in his three-page ruling that Jacksonā€™s argument that the city acted improperly by denying a request for a ballot measure on grounds that it would violate the Human Rights Act ā€œhas some force.ā€

That comment by Roberts has led to speculation by legal experts that the Chief Justice might give at least some consideration to supporting a petition that the Supreme Court take the case, even though the court has a longstanding history of deferring to lower courts on matters that donā€™t relate to the U.S. constitution or to federal law.

In a comment that same-sex marriage supporters viewed as a hopeful sign, Roberts also stated in his ruling in March that Congress had full authority to prevent the city from adopting its law prohibiting ballot measures that violate the Human Rights Act, but Congress chose not to do so.

Nickles, who wrote the cityā€™s briefs defending the same-sex marriage law against Jacksonā€™s lawsuit, has argued that the law barring ballot measure that violate the Human Rights Act was adopted in full compliance with the Home Rule Charter. He noted that Congressā€™s decision not to overturn either the ballot measure law or the same-sex marriage law shows there is no federal or constitutional interest in either law and Jackson has no grounds for asking the courts to overturn it.

The Supreme Court is not expected to announce its decision on whether or not to take Jacksonā€™s case until sometime next year.

In addition to Jackson, the individuals that signed on to the petition seeking Supreme Court intervention in the case include Ward 5 ANC Commissioner Robert King, local minister Anthony Evans, former D.C. congressional delegate Walter Fauntroy, Dale Wafer, Melvin Dupree, and Howard Butler.

The group is being represented by attorneys with the Alliance Defense Fund, a conservative religious-oriented litigation group that has challenged same-sex marriages laws in other states.

“Today’s petition by Bishop Jackson to the U.S. Supreme Court is nothing more than a last-ditch attempt by outside interests to try to eliminate marriage equality in the District,” said Joe Solmonese, president of the Human Rights Campaign, in a statement last week. “Every court that has reviewed this case, including two D.C. Superior Court judges and the full Court of Appeals, has found Jackson’s arguments to be without merit,” he said. “The Council and mayor, representing District residents, overwhelmingly approved legislation providing for marriage equality. And we will remain vigilant against any efforts to take it away.”

(Jackson photo is a Blade file photo by Michael Key)

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Virginia

Man went on ā€˜homophobic rantā€™ inside Va. pub that displayed Pride flags

Suspect arrested on charges of public intoxication, assaulting police officer

Published

on

Justin Wayne Hendricks was arrested in the case. (Photo courtesy of the Fairfax County Adult Detention Center)

The Hawk & Griffin British Pub located in Vienna, Va.,  posted a message on Facebook last week saying a man was arrested after going on a ā€œhomophobic rantā€ inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.

ā€œLast night we had an incident here at the pub when a man came off the street to accost patrons in our beer garden because of our flags displayed for pride month,ā€ the Hawk & Griffin Facebook posting says. ā€œHe then spit on our windows and came inside to confront our staff and patrons with homophobic rants,ā€ the posting continues.

ā€œOur manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,ā€ the message says. ā€œWe want to thank the Vienna Police Department for their quick response. We are and will continue to be community focused and we will never stop working to create and maintain a place of inclusion and tolerance,ā€ the statement concludes.

Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being ā€œdrunk in publicā€ and  providing false identification to a police officer and with a felony count of assault on a police officer. A police spokesperson said Hendricks was also found to be in violation of an outstanding arrest warrant from Alexandria, Va., related to a prior charge of failing to register as a sex offender.

The spokesperson, Juan Vazquez, said Hendricks is currently being held without bond at the Fairfax County Adult Detention Center. Online records for the Fairfax County General District Court show that Hendricks is scheduled to appear at a preliminary hearing on Oct. 9.

ā€œOn Friday, June 28, around 9:28 p.m. the Vienna Police Department responded to reports of an intoxicated individual threatening customers of the Hawk & Griffin,ā€ a Vienna police statement says. ā€œUpon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,ā€ according to the statement.

The statement adds that Hendricks was subsequently charged with being drunk in public, providing false information about his identity to police, and assault on a police officer along with being served with the outstanding warrant related to the prior charge in Alexandria of failing to register as a sex offender.

Details of the prior sex offender charge couldnā€™t immediately be obtained from online court records. However, the online records show that Hendricks has at least a dozen or more prior arrests between 2014 and 2023 on charges including public intoxication, trespassing, and failing to register as a sex offender.

Police spokesperson Vazquez said it would be up to prosecutors with the office of the Fairfax County Commonwealthā€™s Attorney to determine if a subsequent hate crime related charge would be filed in the case.

Continue Reading

Virginia

Parades, community events held to mark Pride Month in Va.

Upwards of 30,000 people attended PrideFest in Norfolk on June 22

Published

on

Shi-Queeta-Lee at Arlington Pride in Arlington, Va., on June 29, 2024. (Washington Blade photo by Michael Key)

Activists across Virginia last month held a series of events to mark Pride Month.

Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June. 

Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk. 

PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.

Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.

Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.

ā€œYou know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,ā€ Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

ā€œIt was a great year,ā€ he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.ā€

State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.

Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond. 

Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.

The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state. 

Continue Reading

Baltimore

Baltimore street named in honor of trans activist

Iya Dammons is founder of support groups Safe Haven in Baltimore, D.C.

Published

on

Iya Dammons was honored last week in Baltimore. (Photo courtesy Iya Dammons)

Baltimore city officials and LGBTQ activists participated in a ceremony on June 29 officially dedicating the renaming of a street in honor of transgender woman Iya Dammons, who founded and serves as executive director of the LGBTQ services organization Maryland Safe Haven.

A section of Baltimoreā€™s 21st Street at the intersection of North Charles Street, where the Maryland Safe Haven offices are located, has been renamed Iya Dammons Way.

The ceremony took place six years after Dammons founded Maryland Safe Haven in 2018 and one year after she launched a Safe Haven operation in D.C.in 2023 located at 331 H St., N.E.

A statement on its website says Safe Haven provides a wide range of supportive services for LGBTQ people in need, with a special outreach to Black trans women ā€œnavigating survival modeā€ living.

ā€œThrough compassionate harm reduction and upward mobility services, advocacy support, and community engagement, we foster a respectful, non-judgmental environment that empowers individual agency,ā€ the statement says. ā€œOur programs encompass community outreach, a drop-in center providing HIV testing, harm reduction, PrEP, medical linkage, case management, and assistance in accessing housing services,ā€ it says.

Among those participating in the street renaming ceremony were Baltimore City Council member Zeke Cohen, interim director of Baltimore Mayor Brandon Scottā€™s Office of LGBTQ Affairs Alexis Blackmon, and Dominique Morgan, an official with the national foundation Borealis Philanthropy, which provides financial support for transgender supportive nonprofit organizations, including Safe Haven.

ā€œThis is a significant achievement and historic moment for our city,ā€ a statement by Maryland Safe Haven announcing the ceremony says. ā€œIya Dammons has been a tireless advocate for transgender rights and has worked tirelessly to provide safe spaces and resources for transgender individuals in our city,ā€ it says. ā€œThis honor is well-deserved, and we are thrilled to see her contributions recognized in such a meaningful way.ā€

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular