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Judge poised to rule on Va. same-sex marriage ban

Herring will not defend anti-gay amendment

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Mark Herring, gay news, Washington Blade
Mark Herring, gay news, Washington Blade

Virginia Attorney General Mark Herring on Jan. 23 announced he will not defend the state’s constitutional amendment that bans same-sex marriage.(Photo courtesy of Herring for Attorney General)

A federal judge appears ready to rule on the constitutionality of Virginia’s same-sex marriage ban in the wake of Attorney General Mark Herring’s announcement that he will not defend it.

Judge Arenda L. Wright of the U.S. District Court for the Eastern District of Virginia in Norfolk on Jan. 23 asked the parties in the lawsuit filed by two same-sex couples to file status reports on whether oral arguments that are scheduled to take place on Thursday “remains warranted.” She also told the litigants to tell the court whether it should “instead rule promptly on the briefs without a hearing.”

Lawyers for the plaintiffs — Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond — filed their response to Wright’s order on Jan. 24. The judge ordered attorneys representing the defendant — Norfolk Circuit Court Clerk George Schaefer — to respond to Herring’s position that the state constitutional amendment that defines marriage in Virginia as between a man and a woman is unconstitutional by noon on Monday.

“The attorney general’s change in position should not delay this court’s resolution of plaintiff’s motions for a preliminary injunction and summary judgment,” wrote Bostic and London’s lawyers in the status report they submitted to Wright. “If anything, the attorney general’s change in position makes clearer the appropriateness of immediate relief.”

Herring’s decision not to defend the marriage amendment sparked immediate outrage among some Virginia Republicans and social conservatives.

“The attorney general’s decision to refuse to enforce a duly-adopted provision of the Virginia Constitution is frightening,” said state Del. Todd Gilbert (R-Shenandoah County) on Sunday during the Republican Party of Virginia’s weekly address.

Victoria Cobb, president of the Family Foundation of Virginia, echoed Gilbert in a statement her organization released after Herring’s Jan. 23 announcement.

State Del. Bob Marshall (R-Prince William County) equated the attorney general’s announcement during a Jan. 24 interview with Roll Call Editor-in-Chief Christina Bellantoni that aired on “The Kojo Nnamdi Show” on WAMU to a “Pearl Harbor attack on the people of Virginia.” Republican Party of Virginia Chair Pat Mullins is among those who have suggested that Herring should resign.

A Virginia House of Delegates committee on Jan. 24 approved a bill that Gilbert and Marshall introduced earlier this month that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so. The two Republicans are among the 32 lawmakers who urged Gov. Terry McAuliffe on the same day to defend the state’s marriage amendment that voters in 2006 approved by a 57-43 percent margin.

“Attorney General Herring apparently is satisfied that the people of Virginia shall not be represented in court to defend the 2006 voter approved one-man, one-woman marriage amendment,” wrote the legislators in the letter of which the Washington Post obtained a copy.

McAuliffe, who took office slightly more than two weeks ago, supports marriage rights for same-sex couples.

“There are people who are going to attack me and try to say ‘well it’s about the duty of the attorney general [to defend the marriage ban,]” Herring told the Washington Blade during a Jan. 23 interview. “In fact what they’re really upset about is that they disagree with marriage equality. And that’s their right, but it’s not the law.”

Neighboring Maryland is among the 17 states and D.C. that have extended marriage rights to same-sex couples. Gays and lesbians in Florida, Pennsylvania, Arizona and other states have filed lawsuits seeking the ability to tie the knot in the wake of the U.S. Supreme Court’s landmark decision last June that found a portion of the Defense of Marriage Act unconstitutional.

The ACLU, Lambda Legal and the ACLU of Virginia last August filed a class action federal lawsuit on behalf of two lesbian couples from the Shenandoah Valley — including one who tied the knot in D.C. in 2011 — who are seeking marriage rights in the commonwealth. The first hearing in the case is expected to take place in the coming months.

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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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District of Columbia

D.C.’s Mary’s House For Older Adults names new executive director

Charlene Leach to succeed Imani Woody as leader of LGBTQ-supportive seniors home

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Mary's House for Older Adults Executive Director A. Charlene Leach (Photo via LinkedIn)

The board of directors of Mary’s House for Older Adults, the D.C.-based home dedicated to providing affordable housing for LGBTQ seniors, has announced it has named longtime nonprofit organization leader A. Charlene Leach as its new executive director.

Leach, who is now serving in the executive director’s position, is succeeding Dr. Imani Woody, the Mary’s House founding president and CEO, who announced her retirement from her official leadership role at Mary’s House on July 7.

Woody, who holds a PhD in Human Services, is credited with playing the lead role over many years in arranging both city and private funding needed to construct and operate the Mary’s House three-story building located at 401 Anacostia Road, S.E., in the city’s Fort DuPont neighborhood.

“With over three decades of nonprofit experience and 15 years serving as an executive director, Charlene brings a wealth of knowledge in organizational leadership, program development, and community engagement,” the Mary’s House board says in a statement.

“Her proven track record of building impactful programs and leading mission-driven organizations makes her uniquely suited to guide Mary’s House into its next phase of growth,” the statement continues. “Charlene is deeply aligned with the mission of Mary’s House and is committed to advancing its work to provide safe, inclusive housing and supportive services for LGBTQ+ older adults,” it says. “Under her leadership, the organization will continue to expand its impact while remaining grounded in the values that define our community.”

Leach’s LinkedIn page shows she has most recently served since 2022 as executive director of the African American AIDS Task Force in Minneapolis. Prior to that, it shows she served as executive director of the Fredericksburg Area Health and Support Services organization in Fredericksburg, Va., and before that as director of development for the D.C.-Baltimore area Women’s Collective.

Her LinkedIn page says she has been involved with Mary’s House as a volunteer and grant writer since 2016.

The newly built and enlarged Mary’s House, which opened in March 2025, with a grand opening ceremony held in May 2025 attended by D.C. Mayor Muriel Bowser, includes 15 single-occupancy residential apartments and more than 5,000 square feet of shared communal living space.

An earlier statement released by the Mary’s House board announcing Woody’s retirement said Woody would continue to be involved with the organization as a member of the board. The earlier statement and board’s more recent statement on July 29 announcing Leach’s appointment as executive director did not say whether the board plans to name someone else as president and CEO, the title that Woody held before her retirement. But the latest statement says Leach will be running Mary’s House’s day-to-day operations as Woody did.

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Virginia

Doug Ollivant to face Eugene Vindman in Va. 7th Congressional District

Republican defeated challengers in Tuesday’s primary

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<strong.Doug Ollivant (Screen capture via @DougForVirginia/YouTube)

Republican Doug Ollivant will face off against incumbent U.S. Rep. Eugene Vindman (D-Va.) in Virginia’s 7th Congressional District.

Ollivant defeated his Republican opponents in Tuesday’s primary. Vindman ran unopposed.

Vindman in 2024 ran to succeed then-Congresswoman Abigail Spanberger in the U.S. House of Representatives after she ran for governor. Spanberger succeeded Republican Gov. Glenn Youngkin in 2025.

U.S. Sen. Mark Warner (D-Va.) on Tuesday easily won his primary. All other Democratic incumbent members of Congress from Northern Virginia also won their respective primaries.

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