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Olson, Boies join Virginia marriage lawsuit

Lawyers argued against Proposition 8 before the U.S. Supreme Court

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David Boies, Ted Olson, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade
David Boies, Ted Olson, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

Ted Olson and David Boies (Washington Blade photo by Michael Key)

The American Federation of Equal Rights on Sunday announced the lawyers who argued against California’s Proposition 8 before the U.S. Supreme Court will join a federal lawsuit that seeks to overturns Virginia’s same-sex marriage ban.

The Washington Post first reported attorneys representing Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond asked Ted Olson and David Boies to join the case. The plaintiffs joined one of their lawyers, Tom Shuttleworth, AFER Executive Director Adam Umhoefer and Human Rights Campaign President Chad Griffin at a press conference that took place at the National Press Club in downtown D.C. on Monday

“I’m a Virginian,” Olson said, referring to the fact that Thomas Jefferson and many of the country’s other founding fathers are from the commonwealth. “Of all places in the United States, Virginia should recognize the rights of equality. Men and women in that state have the same basic fundamental underlying freedoms that everyone in America has.”

“This case is about liberty,” Boies added. “It’s about the pursuit of happiness. It’s about the inalienable right of every individual to marry the person who they love.”

Carol Schall, Mary Townley, gay marriage, same-sex marriage, marriage equality, Virginia

Carol Schall (left) with Mary Townley and their daughter Emily. (Washington Blade photo by Michael Key)

Bostic and London, who have been together for 24 years, in July filed a federal lawsuit that challenges Virginia’s gay nuptials ban after the Norfolk Circuit Court denied them a marriage license. Towning and Schall, who have been together for 30 years and married in California in 2008, joined the Norfolk couple’s case earlier this month when their lawyers filed an amended lawsuit.

“We aren’t asking for special privileges or treatment,” Towning said at the National Press Club press conference as she stood alongside Schall and their 15-year-old daughter Emily. “We just want to be the same as everyone else to be married.”

Bostic told reporters his family’s Virginia roots date back to before the Declaration of Independence.

“I also stand before you as an individual who has and continues to be discriminated against by my home state because of who I am and who I love,” he said.

Neighboring Maryland is among the 13 states and D.C. in which same-sex couples can legally marry.

Virginia voters in 2006 approved a state constitutional ban on same-sex marriage, but Olson and Boies’ decision to join this case comes as the issue of nuptials for gays and lesbians continues to gain traction across the country after the U.S. Supreme Court in June struck down Prop 8 and a portion of the Defense of Marriage Act.

The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia last month filed a class action federal lawsuit against Virginia’s gay nuptials ban on behalf of two lesbian couples from Richmond and Staunton who had been denied marriage licenses. The ACLU in July formally challenged Pennsylvania’s statutory gay marriage ban on behalf of 10 same-sex couples and a lesbian widow.

New Jersey Gov. Chris Christie on Friday said he’d appeal a judge’s ruling that said the state must allow gays and lesbians to marry. An Illinois judge on the same day said two lawsuits that challenge the state’s same-sex marriage ban can proceed.

Gay couples in New Mexico and Ohio have also filed lawsuits seeking marriage rights.

Lambda Legal, the ACLU and the ACLU of Virginia on Monday filed a motion with the U.S. District Court for the Western District of Virginia in Harrisonburg that seeks an expedited judgment in their case that challenges the commonwealth’s same-sex marriage ban.

“Virginians denied the freedom to marry have no meaningful legislative path to gain the same protections for their families as other loving committed couples,” ACLU of Virginia Executive Director Claire Guthrie Gastañaga said. “That’s why we’ve had to ask the federal court to overturn Virginia’s sweeping bans on recognizing same-sex relationships. We shouldn’t have to go to federal court to get Virginia to do what’s right.”

Gay state Sen. Adam Ebbin (D-Alexandria) is among those who applauded Olson and Boies’ decision to join the case.

“It is not a question of whether marriage equality will come to Virginia; it is a question of when,” he said in a statement in which he also praised Lambda Legal, the ACLU and the ACLU of Virginia for challenging the commonwealth’s same-sex marriage ban. “This is the time for Virginia to wake up from history–as Jefferson said, ‘laws and institutions must go hand in hand with the progress of the human mind.'”

“This team brings years of experience advocating for the rights of gay and lesbian couples and will only help to ensure that all Virginians will soon be able to enjoy the freedom to marry,” James Parrish, executive director of Equality Virginia, added. “As we continue our work to change hearts and minds throughout the state, we will closely monitor both this lawsuit and the one filed by the ACLU and Lambda Legal.”

Tucker Martin, a spokesperson for Gov. Bob McDonnell, defended the gay nuptials prohibition.

“The voters of Virginia passed a constitutional amendment in 2006 defining marriage in the commonwealth as being only a union of one man and one woman,” Martin said. “It is the law in this state based on the popular will of the voters as expressed at the ballot box.”

Attorney General Ken Cuccinelli did not immediately return the Washington Blade’s request for comment. He did reaffirm his opposition to marriage rights for gays and lesbians as he squared off against former Democratic National Committee Chair Terry McAuliffe during the latest gubernatorial debate that took place in McLean on September 25.

“I understand and respect the fact that this is a sensitive issue to a lot of Virginians,” Cuccinelli said. “But I’m one of those who do believe that the institution of marriage should remain between one man and one woman.”

Both Olson and Umhoefer noted during the AFER press conference that the U.S. Supreme Court in 1967 struck down the commonwealth’s interracial marriage ban in its landmark Loving v. Virginia decision.

“We’re hoping that the case in Virginia is the beginning of the end,” Boies said, referring to the movement for marriage rights for same-sex couples after the U.S. Supreme Court found Prop 8 and the Defense of Marriage Act unconstitutional. “The citizens of Virginia, no less than the citizens of California are entitle to marry the person they love.”

Boies told the Blade he and Olson decided to join the case Bostic and London and Schall and Townley filed because it was the first one in the commonwealth to “establish marriage equality.” Greg Nevins of Lambda Legal said after the AFER press conference that Boies and Olson’s involvement in legal efforts to extend marriage rights to gays and lesbians in Virginia “can only be a good thing.”

“We’re happy to collaborate and work with anyone who shares this goal,” Nevins said.

Boies also told the Blade he would like to see President Obama intervene in the Virginia marriage case of which he and Olson are now a part as the Justice Department did in the Prop 8 lawsuit.

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District of Columbia

Catching up with the asexuals and aromantics of D.C.

Exploring identity and finding community

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Local asexuals and aromantics met recently on the National Mall.

There was enough commotion in the sky at the Blossom Kite Festival that bees might have been pollinating the Washington Monument. I despaired of quickly finding the Asexuals and Aromantics of the Mid-Atlantic—I couldn’t make out a single asexual flag among the kites up above. I thought to myself that if it had been the Homosexuals of the Mid-Atlantic I would’ve had my gaydar to rely on. Was there even such a thing as ace-dar?

As it turned out, the asexual kite the group had meant to fly was a little too pesky to pilot. “Have you ever used a stunt kite?” Bonnie, the event organizer asked me. “I bought one. It looked really cool. But I can’t make it work.” She sighed. “I can’t get the thing six feet off the ground.” The group hardly seemed to care. There was caramel popcorn and cookies, board games and head massages, a game of charades with more than its fair share of Pokémon. The kites up above might as well have been a coincidental sideshow. Nearly two dozen folks filtered in and out of the picnic throughout the course of the day.

But I counted myself lucky that Bonnie picked me out of the crowd. If there’s such a thing as ace-dar, it eludes asexuals too. The online forum for all matters asexual, AVEN, or the Asexual Visibility and Education Network, is filled with laments: “I don’t think it’s possible.” “Dude, I wish I had an ace-dar.” “If it exists, I don’t have it.” “I think this is just like a broken clock is right twice a day type thing.” What seems to be a more common experience is meeting someone you just click with—only to find out later that they’re asexual. A few of the folks I met described how close childhood friends of theirs likewise came out in adulthood, a phenomenon that will be familiar to many queer people. But it is all the more astounding for asexuals to find each other this way, given that asexual people constitute 1.7% of sexual minorities in America, and so merely .1% of the population at large. 

To help other asexuals identify you out in the world, some folks wear a black ring on their middle finger, much as an earring on the right ear used to signify homosexuality in a less welcoming era. The only problem? The swinger community—with its definite non-asexuality—has also adopted the signal. “It’s still a thing,” said Emily Karp. “So some people wear their ace rings just to the ace meet-ups.” Karp has been the primary coordinator for the Asexuals and Aromantics of the Mid-Atlantic (AAMA) since 2021, and a member of the meet-up for a decade. She clicked with the group immediately. After showing up for a Fourth of July potluck in the mid-afternoon, she ended up staying past midnight. “We played Cards against Humanity, which was a very, very fun thing to do. It’s funny in a way that’s different than if we were playing with people that weren’t ace. Some of the cards are implying, like, the person would be motivated by sex in a way that’s absurd, because we know they aren’t.” 

Where so many social organizations withered during the pandemic, the AAMA flourished. Today, it boasts almost 2,000 members on meetup.com. Karp hypothesized that all the social isolation gave people copious time to reflect on themselves, and that the ease of meeting up online made it convenient as a way for people to explore their sexual identity and find community. Online events continue to make up about a third of the group’s meet-ups. The format allows people to participate who live farther out from D.C. And it allows people to participate at their preferred level of comfort: while many people participate much as they would at an in-person event, some prefer to watch anonymously, video feed off. Others prefer to participate in the chat box, though not in spoken conversation.

A recent online event was organized for a discussion of Rhaina Cohen’s book, “The Other Significant Others,” published in February. Cohen’s book discusses friendship as an alternative model for “significant others,” apart from the romantic model that is presupposed to be both the center and goal of people’s lives. The AAMA group received the book with enthusiasm. “It literally re-wired my brain,” as one person put it. People discussed the importance of friendship to their lives, and their difficulties in a world that de-prioritized friendship. “I can break up with a friend over text, and we don’t owe each other a conversation,” one said. But there was some disagreement when it came to the book’s discussion of romantic relationships. “It relegates ace relationships to the ‘friend’ or ‘platonic’ category, to the normie-reader,” one person wrote in the chat. “Our whole ace point is that we can have equivalent life relationships to allo people, simply without sex.” (“Allo” is shorthand for allosexual or alloromantic, people who do experience sexual or romantic attraction.)

The folks of the AAMA do not share a consensus on the importance of romantic relationships to their lives. Some asexuals identify as aromantic, some don’t. And some aromantics don’t identify as asexual, either. The “Aromantic” in the title of the group is a relatively recent addition. In 2017, the group underwent a number of big changes. The group was marching for the first time in D.C. Pride, participating in the LGBTQ Creating Change conference, and developing a separate advocacy and activism arm. Moreover, the group had become large enough that discussions were opened up into forming separate chapters for D.C., Central Virginia, and Baltimore. During those discussions, the group leadership realized that aromantic people who also identified as allosexual didn’t really have a space to call their own. “We were thinking it would be good to probably change the name of the Meetup group,” Emily said. “But we were not 100% sure. Because [there were] like 1,000 people in the group, and they’re all aces, and it’s like, ‘Do you really want to add a non-ace person?’” The group leadership decided to err on the side of inclusion. “You know, being less gatekeep-y was better. It gave them a place to go — because there was nowhere else to go.”

The DC LGBT Center now sponsors a support group for both asexuals and aromantics, but it was formed just a short while ago, in 2022. The founder of the group originally sought out the center’s bisexual support group, since they didn’t have any resources for ace folks. “The organizer said, you know what, why don’t we just start an ace/aro group? Like, why don’t we just do it?” He laughed. “I was impressed with the turnout, the first call. It’s almost like we tapped into, like, a dam. You poke a hole in the dam, and the water just rushes out.” The group has a great deal of overlap with the AAMA, but it is often a person’s first point of contact with the asexual and aromantic community in D.C., especially since the group focuses on exploring what it means to be asexual. Someone new shows up at almost every meeting. “And I’m so grateful that I did,” one member said. “I kind of showed up and just trauma dumped, and everyone was really supportive.”

Since the ace and aro community is so small, even within the broader queer community, ace and aro folks often go unrecognized. To the chagrin of many, the White House will write up fact sheets about the LGBTQI+ community, which is odd, given that when the “I” is added to the acronym, the “A” is usually added too. OKCupid has 22 genders and 12 orientations on its dating website, but “aromantic” is not one of them — presumably because aromantic people don’t want anything out of dating. And since asexuality and aromanticism are defined by the absence of things, it can seem to others like ace and aro people are ‘missing something.’ One member of the LGBT center support group had an interesting response. “The space is filled by… whatever else!” they said.  “We’re not doing a relationship ‘without that thing.’ We’re doing a full scale relationship — as it makes sense to us.”

CJ Higgins is a postdoctoral fellow with the Alexander Grass Humanities Institute at Johns Hopkins University.

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District of Columbia

Bowser budget proposal calls for $5.25 million for 2025 World Pride

AIDS office among agencies facing cuts due to revenue shortfall

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D.C. Mayor Muriel Bowser’s proposed 2025 budget includes a request for $5.25 million in funding to support the 2025 World Pride celebration. (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser’s proposed fiscal year 2025 budget includes a request for $5.25 million in funding to support the June 2025 World Pride celebration, which D.C. will host, and which is expected to bring three million or more visitors to the city.

The mayor’s proposed budget, which she presented to the D.C. Council for approval earlier this month, also calls for a 7.6 percent increase in funding for the Mayor’s Office of LGBTQ Affairs, which amounts to an increase of $132,000 and would bring the office’s total funding to $1.7 million. The office, among other things, provides grants to local organizations that provide  services to the LGBTQ community.

Among the other LGBTQ-related funding requests in the mayor’s proposed budget is a call to continue the annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents “experiencing homelessness and housing instability.” The budget proposal also calls for a separate allocation of $600,000 in new funding to support a new Advanced Technical Center at the Whitman-Walker Health’s Max Robinson Center in Ward 8.

Among the city agencies facing funding cuts under the mayor’s proposed budget is the HIV/AIDS, Hepatitis, Sexually Transmitted Disease, and Tuberculosis Administration, known as HAHSTA, which is an arm of the D.C. Department of Health. LGBTQ and AIDS activists have said HAHSTA plays an important role in the city’s HIV prevention and support services. Observers familiar with the agency have said it recently lost federal funding, which the city would have to decide whether to replace.

“We weren’t able to cover the loss of federal funds for HAHSTA with local funds,” Japer  Bowles, director of the Mayor’s Office of LGBTQ Affairs, told the Washington Blade. “But we are working with partners to identify resources to fill those funding  gaps,” Bowles said.

The total proposed budget of $21 billion that Bowser submitted to the D.C. Council includes about $500 million in proposed cuts in various city programs that the mayor said was needed to offset a projected $700 million loss in revenue due, among other things, to an end in pandemic era federal funding and commercial office vacancies also brought about by the post pandemic commercial property and office changes.

Bowser’s budget proposal also includes some tax increases limited to sales and business-related taxes, including an additional fee on hotel bookings to offset the expected revenue losses. The mayor said she chose not to propose an increase in income tax or property taxes.

Earlier this year, the D.C. LGBTQ+ Budget Coalition, which consists of several local LGBTQ advocacy organizations, submitted its own fiscal year 2025 budget proposal to both Bowser and the D.C. Council. In a 14-page letter the coalition outlined in detail a wide range of funding proposals, including housing support for LGBTQ youth and LGBTQ seniors; support for LGBTQ youth homeless services; workforce and employment services for transgender and gender non-conforming residents; and harm reduction centers to address the rise in drug overdose deaths.

Another one of the coalition’s proposals is $1.5 million in city funding for the completion of the D.C. Center for the LGBTQ Community’s new building, a former warehouse building in the city’s Shaw neighborhood that is undergoing a build out and renovation to accommodate the LGBTQ Center’s plans to move in later this year. The coalition’s budget proposal also calls for an additional $300,000 in “recurring” city funding for the LGBTQ Center in subsequent years “to support ongoing operational costs and programmatic initiatives.”

Bowles noted that Bowser authorized and approved a $1 million grant for the LGBTQ Center’s new building last year but was unable to provide additional funding requested by the budget coalition for the LGBTQ Center for fiscal year 2025.

“We’re still in this with them,” Bowles said. “We’re still looking and working with them to identify funding.”

The total amount of funding that the LGBTQ+ Budget Coalition listed in its letter to the mayor and Council associated with its requests for specific LGBTQ programs comes to $43.1 million.

Heidi Ellis, who serves as coordinator of the coalition, said the coalition succeeded in getting some of its proposals included in the mayor’s budget but couldn’t immediately provide specific amounts.  

“There are a couple of areas I would argue we had wins,” Ellis told the Blade. “We were able to maintain funding across different housing services, specifically around youth services that affect folks like SMYAL and Wanda Alston.” She was referring to the LGBTQ youth services group SMYAL and the LGBTQ organization Wanda Alston Foundation, which provides housing for homeless LGBTQ youth.

“We were also able to secure funding for the transgender, gender non-conforming workforce program,” she said. “We also had funding for migrant services that we’ve been advocating for and some wins on language access,” said Ellis, referring to programs assisting LGBTQ people and others who are immigrants and aren’t fluent in speaking English.

Ellis said that although the coalition’s letter sent to the mayor and Council had funding proposals that totaled $43.1 million, she said the coalition used those numbers as examples for programs and policies that it believes would be highly beneficial to those in the LGBTQ community in need.

 “I would say to distill it down to just we ask for $43 million or whatever, that’s not an accurate picture of what we’re asking for,” she said. “We’re asking for major investments around a few areas – housing, healthcare, language access. And for capital investments to make sure the D.C. Center can open,” she said. “It’s not like a narrative about the dollar amounts. It’s more like where we’re trying to go.”

The Blade couldn’t’ immediately determine how much of the coalition’s funding proposals are included in the Bowser budget. The mayor’s press secretary, Daniel Gleick, told the Blade in an email that those funding levels may not have been determined by city agencies.

“As for specific funding levels for programs that may impact the LGBTQ community, such as individual health programs through the Department of Health, it is too soon in the budget process to determine potential adjustments on individual programs run though city agencies,” Gleick said.

But Bowles said several of the programs funded in the mayor’s budget proposal that are not LGBTQ specific will be supportive of LGBTQ programs. Among them, he said, is the budget’s proposal for an increase of $350,000 in funding for senior villages operated by local nonprofit organizations that help support seniors. Asked if that type of program could help LGBTQ seniors, Bowles said, “Absolutely – that’s definitely a vehicle for LGBTQ senior services.”

He said among the programs the increased funding for the mayor’s LGBTQ Affairs office will support is its ongoing cultural competency training for D.C. government employees. He said he and other office staff members conduct the trainings about LGBTQ-related issues at city departments and agencies.

Bowser herself suggested during an April 19 press conference that local businesses, including LGBTQ businesses and organizations, could benefit from a newly launched city “Pop-Up Permit Program” that greatly shortens the time it takes to open a business in vacant storefront buildings in the downtown area.

Bowser and Nina Albert, D.C. Deputy Mayor for Planning and Economic Development, suggested the new expedited city program for approving permits to open shops and small businesses in vacant storefront spaces could come into play next year when D.C. hosts World Pride, one of the word’s largest LGBTQ events.

“While we know that all special events are important, there is an especially big one coming to Washington, D.C. next year,” Bowser said at the press conference. “And to that point, we proposed a $5.25 million investment to support World Pride 2025,” she said, adding, “It’s going to be pretty great. And so, we’re already thinking about how we can include D.C. entrepreneurs, how we’re going to include artists, how we’re going to celebrate across all eight wards of our city as well,” she said.

Among those attending the press conference were officials of D.C.’s Capital Pride Alliance, which will play a lead role in organizing World Pride 2025 events.

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Maryland

Health care for Marylanders with HIV is facing huge cuts this summer

Providers poised to lose three-quarters of funding

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(Photo courtesy of NIH)

BY MEREDITH COHN | By the end of June, health care providers in Maryland will lose nearly three-quarters of the funding they use to find and treat thousands of people with HIV.

Advocates and providers say they had been warned there would be less money by the Maryland Department of Health, but were stunned at the size of the drop — from about $17.9 million this fiscal year to $5.3 million the next. The deep cuts are less than three months away.

The rest of this article can be read on the Baltimore Banner’s website.

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