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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

Gay ANC commissioner sues D.C. over police ‘failure’ to pay reward money

Lawsuit says information led to conviction in murder, armed robbery cases

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D.C. Advisory Neighborhood Commissioner Tom Donohue (Washington Blade photo by Lou Chibbaro, Jr.)

Gay D.C. Advisory Neighborhood Commissioner Tom Donohue on Aug. 11 filed a lawsuit in D.C. Superior Court charging that D.C. police acted improperly and violated a local law by not paying him $30,000 in reward money for his role in helping police identify and arrest — and obtain the subsequent conviction — of one man charged with murder and another man charged with armed robbery in separate cases.

Although the lawsuit alleges improper action by D.C. police in carrying out the city’s Crime Solvers reward program, it names as defendants the District of Columbia and the Office of the Attorney General for D.C., which, among other things, defends the city against lawsuits.

Donohue, who is a member of the city’s ANC Rainbow Caucus consisting of LGBTQ elected ANC members, held a news conference outside the D.C. Superior Court building on Aug. 11 to talk about the lawsuit before entering the courthouse to officially file it.

The lawsuit states that Donohue “provided key video evidence that led to the arrest and conviction” of a man initially charged with first degree murder for allegedly running over a bicyclist with his car after the two got into an argument.

The lawsuit states that police had offered a $25,000 reward for information leading to the arrest and conviction of the defendant in that case, but police “arbitrarily slashed the payment to $5,000 without prior notice or policy justification.”

Court records show that D.C. resident Eric Beasley was charged with first degree murder for killing David Farewell, 45, by hitting him with his car on Sept. 4, 2020, on the 2100 block of Young Street, S.E. The records show the evidence for the case was based in large part on video camera footage of the incident obtained by police. Donohoe has said he provided that video camera evidence.

The records show that during Beasley’s October 2023 trial a jury was unable to reach the required unanimous verdict, and the judge declared a mistrial.

According to the records, Beasley later agreed to an offer by prosecutors to plead guilty to a lesser charge of involuntary manslaughter and was sentenced in September 2024 to eight years in prison, a development that angered the victim’s family members who called it a “slap on the wrist,” according to a Fox 5 News report.

Donohue’s lawsuit says the second case in which he provided police with pivotal information involved a series of armed robberies known as the Fairlawn Serial Armed Robbery Spree that occurred in the Fairlawn neighborhood in Southeast D.C. in 2023 near where Donohue lives.   

The lawsuit says evidence consisting of video surveillance footage provided by Donohue to police enabled police to determine they initially wrongfully arrested an 18-year-old male for the robberies. “Using Plaintiff’s security video, MPD identified, arrested, and convicted the actual robber, David Crocker, who was sentenced to 18 years in federal prison,” the lawsuit states.

It says one of the detectives investigating the case recommended a $10,000 reward for Donohue’s help in the case based on the police Crime Solvers reward program. The detective’s recommendation was approved by then-Assistant D.C. Police Chief Kyle Ramey on Aug. 4, 2025, according to the lawsuit. 

But it adds, “Nevertheless, MPD improperly withheld payment.” 

When contacted by the Washington Blade for comment on Donohue’s lawsuit allegations, a D.C. police spokesperson said “MPD does not comment on pending or ongoing litigation.” 

Gabriel Shoglow-Rubenstein, who serves as press secretary for the D.C. Office of the Attorney General, which will be defending the city against the Donohue lawsuit, said he would look into obtaining a possible comment but said the office has a similar longstanding policy of not commenting on pending litigation.

“This action arises from the District of Columbia Metropolitan Police Department’s arbitrary, bad-faith, and legally unsupportable failure to honor its public reward promises and administrative obligations to Plaintiff,” the lawsuit states.

It says the MPD violated the city’s Freedom of Information Act or FOIA law by not responding to Donohue’s request for information and documents related to the decision not to pay him the full reward money.

“MPD’s reduction of Plaintiff’s homicide reward from $25,000 to $5,000, and its withholding of his approved $10,00 robbery reward, were undertaken completely devoid of written standards, making such decisions inherently arbitrary, capricious, and an abuse of administrative discretion,” it says.

It calls for Donohue to be awarded $30,000 in compensatory damages consisting of the $20,000 “unpaid balance” for the homicide case reward and $10,000 for the robbery case reward. It also calls for reimbursement for “reasonable” litigation costs and attorney’s fees. Donohue told the Washington Blade that at this time he is representing himself without an attorney.

Donohue told the Blade that the refusal by D.C. police to pay him the full reward money also limited his plans to donate some of that money to the family of murder victim David Farewell to help pay for a burial stone. He said that due to the family’s limited resources Farewell is buried in an unmarked grave

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Delaware

New LGBTQ visitor center slated for Wilmington, Del.

The Collective to feature gift shop, queer museum, more

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Members of the Gay and Lesbian Alliance of Delaware (GLAD) at the Griffin Community Center in Wilmington, Del. (Photo from Collection of Delaware Queer History, courtesy of Ivo Dominguez Jr.)

During Pride month this year, the Delaware Sexuality and Gender Collective (DSGC) announced plans for The Collective, which will become Delaware’s first LGBTQIA+ visitor center and Wilmington’s first dedicated LGBTQIA+ space in nearly 40 years.

“We’ve been talking about the concept of a brick-and-mortar space for a long time,” said Noah Duckett, co-founder of DSGC.

A licensed clinical social worker, Duckett co-founded DSGC with his mother, Julissa Coriano, in 2018. DSGC is an independent nonprofit organization that provides vital clinical and educational support, social programming and direct-need support to the LGBTQIA+ community. 

Some of the programs DSGC offers include a free clothing closet for the trans community, meal support for people recovering from gender-affirming surgery, connections to pro bono legal services, a biannual Pride Market featuring over 100 LGBTQIA+-owned small businesses, and more. 

“Our vision for The Collective is a place where our community can come to learn, create, work and be inspired,” said Coriano.

The Collective will feature a visitor center and gift shop highlighting LGBTQIA+-owned businesses in Delaware.

“I think that this is something that’s going to benefit our community so much,” said Duckett.

Some of the LGBTQIA+-owned businesses that DSGC has already partnered with include Stress Induced Art Attack, Moonbeam Art Collaborative, Voce Coffee, Groovy Gemini Co., Scout Cafe, Macaron Social and Huxley and Hiro.

“Specifically in Wilmington, we haven’t had an LGBTQIA+-dedicated space in almost 40 years,” said Duckett.

The Griffin Community Center, which operated from 1986 to 1990, was Delaware’s first LGBTQ+ community center. The Griffin was founded by Ivo Dominguez Jr. and James C. Welch and provided a range of community services during the height of the HIV/AIDS crisis, including AIDS hotlines, organizational offices and meeting space. The center ultimately closed because of a lack of financial support.

Duckett said DSGC hopes The Collective will carry on The Griffin’s legacy while building a sustainable space for the LGBTQIA+ community.

“I think now more than ever, there’s more and more spaces closing their doors. More and more spaces are losing funding, seeing reduced funding and reduced access, especially LGBTQ+ organizations and communities,” said Duckett.

The Collective will also feature Delaware’s first LGBTQ+ history museum, curated by LGBTQ+ historian Carolanne Deal.

“We don’t have any permanent displays in the state about Delaware’s queer history, and we want people to be able to access that history any day of the year, not just during Pride Month,” said Deal.

With a master’s degree in art history for museum professionals, Deal has more than seven years of experience in curatorial work and hands-on collections care.

“It’s mainly going to be a graphic display with photographs, articles and accessible text that draws people in and creates a story for the community,” said Deal.

Although the museum will not initially have an object collection, Deal said she hopes to add physical archival pieces in the future.

“Delaware has been at the forefront of a lot of queer civil rights, and it’ll be really amazing to have that enshrined in a permanent display that’s not only up for Pride Month,” said Deal.

Duckett said DSGC is currently raising funds with the goal of beginning construction this summer and opening by the end of the year. 

Duckett told the Blade that fundraising efforts have reached just under $29,000 and that the organization is awaiting several major donations from community partner organizations.

However, he said DSGC continues to be denied many grants tied to federal or state funding because of restrictions on those funds being used for LGBTQ+-serving organizations.

“Private and corporate donations are absolutely vital,” said Duckett.

Anyone interested in supporting the construction and renovation of The Collective can donate online or contact [email protected] for more information.ose funds being used for LGBTQ-serving organizations.

“Private and corporate donations are absolutely vital,” said Duckett.

Anyone interested in supporting the construction of The Collective can donate online or contact [email protected] for more information.

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Rehoboth Beach

HISTORIC: Susan Stewart elected Rehoboth’s first out mayor

Thanks LGBTQ supporters and vows to protect city’s small town charm

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Susan Stewart easily won election as Rehoboth Beach’s new mayor on Saturday. (Photo courtesy of Susan Stewart)

Residents of Rehoboth Beach elected City Commissioner Susan Stewart with 61% of the vote on Aug. 8, making her the city’s first openly gay mayor. 

Stewart beat fellow commissioners Craig Their and Suzanne Goode in the race, as well as newcomer Jake Raak. 

The final mayoral vote results were:

  • Susan Stewart: 632
  • Craig Their: 203
  • Suzanne Goode: 177
  • William “Jake” Raak: 23

“I’m very grateful because the LGBTQ+ community not only voted for me, but also supported me,” said Stewart.

Stewart said that she is particularly grateful for the support she received on social media from members of the LGBTQ+ community. 

“I’ve had incredible support,” said Stewart. 

Stewart said that her campaign showed her just how much residents of Rehoboth are engaged and care about the city.

“They really want to see what’s best for the community,” said Stewart. 

Stewart spoke about the master planning initiative she has been working on as a commissioner, which she plans to continue as mayor. 

“We’ve undertaken rewriting the commercial zoning code, and that’s foundational to the next step of the initiative,” said Stewart. 

She said that she was proud of the results of charette week that was held last month where residents and business owners had the opportunity to speak with hired urban planners to give feedback for a zoning code update.

Stewart said that Rehoboth is at a tipping point as the city must find a way to balance the growth of the commercial district while improving the quality of life for residents. 

“I don’t believe there needs to be tension between the business community and the residential experience,” said Stewart. 

“I’m excited about a new master plan because we have a couple hotels coming, and we also have Clear Space Theatre looking for a new home, and we’re working with them,” said Stewart. “We want businesses to stay here.”

Stewart also said that she aims to embrace the concept of a ‘15-minute city,’ making the city much more accessible in terms of transportation in the downtown area for residents. 

“The goal is to protect the small town charm and natural beauty of Rehoboth,” said Stewart. “I want to keep the momentum going.” 

The Blade asked Stewart about any concerns she might have working with Commissioner Goode, whom she has criticized for sending inappropriate and offensive emails to city staff. Goode finished a distant third in the mayoral race and her husband fell short in his bid for a Commissioner’s seat. In that race, Jeffrey Goode received 239 votes; Patrick Gossett, who’s gay, received 813 votes and Mark Saunders 852. Saunders and Gossett will be sworn in next month.

“I’m really eager to move past this issue with Commissioner Goode,” said Stewart. 

She said that she’s heard ‘loud and clear’ from the city that they want to move past this situation as best as they can while Goode remains in her seat as commissioner. 

“There are no mechanisms for us to remove a sitting commissioner. Our laws don’t allow it,” said Stewart. 

Stewart clarified that she has always focused on Goode’s behavior toward city staff. 

“One thing I feel really passionate about is that the city employees have to know that they are heard. They are real people with real jobs, real professional reputations, and they’ve been harmed,” said Stewart. 

The Blade also asked if Stewart had made a final decision on whom she plans to nominate to fill her Commissioner seat. 

“I’m considering who to appoint and I have not made any final decisions,” said Stewart. 

She noted that, as mayor, she only has the power to nominate a candidate and that the board of commissioners will have the final vote on whom to appoint to the board. 

Stewart shared that she has received interest from a number of people and finds that to be a good sign. 

“I think that’s a great sign because people want to serve. I’m eager to have someone in that seat who’s smart and has the best interests of the city,” said Stewart. 

Stewart will be sworn in during the Board of Commissioners meeting on Sept. 18.

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