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Judge hears oral arguments in Va. marriage case

Olson tells court the state’s prohibition ‘cannot stand’

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Josh Duggar, Victoria Cobb, Family Foundation of Virginia, Allison Howard, Concerned Women for America, E.W. Jackson, Norfolk, gay marriage, same-sex marriage, marriage equality, Virginia, gay news, Washington Blade
Josh Duggar, Victoria Cobb, Family Foundation of Virginia, Allison Howard, Concerned Women for America, E.W. Jackson, Norfolk, gay marriage, same-sex marriage, marriage equality, Virginia, gay news, Washington Blade

From left: Josh Duggar, Victoria Cobb of the Family Foundation of Virginia, Allison Howard of Concerned Women for America and EW Jackson take part in an anti-gay marriage rally outside the Norfolk ,Va., federal courthouse on Feb. 4. (Photo courtesy of the Family Foundation of Virginia)

A federal judge in Norfolk, Va., on Tuesday heard oral arguments in a lawsuit that challenges Virginia’s same-sex marriage ban.

Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court, told Judge Arenda L. Wright Allen of the U.S. District for the Eastern District of Virginia the commonwealth’s constitutional amendment that defines marriage as between a man and a woman violates the 14th Amendment. The two men represent Timothy Bostic and Tony London and Norfolk and Carol Schall and Mary Townley of Chesterfield who filed suit against the gay nuptials ban last year.

“As a proud Virginian, I am gratified to represent two loving couples in my home state who want nothing more than to have the state recognize their relationships,” said Olson. “Virginia’s prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status. Laws excluding gay men and lesbians from marriage violate personal freedom, are an unnecessary government intrusion, and cause serious harm. That type of law cannot stand.”

Attorney General Mark Herring, who announced last month he would not defend the marriage amendment, is among those who attended the hearing.

“Today was a very significant day in the journey toward full equality under the law for all Virginians,” said Herring in a statement after he left the courthouse. “I am proud to say that the commonwealth of Virginia stood on the right side of the law and the right side of history today in opposing this discriminatory ban.”

Lawyers with the Alliance Defending Freedom who are representing Prince William County Circuit Court Clerk Michèle McQuigg defended the marriage amendment that Virginia voters approved by a 57-43 percent margin in 2006. Norfolk Circuit Court Clerk George Schaefer tapped attorneys with former Virginia Gov. Bob McDonnell’s Virginia Beach law firm to represent him in the case.

The Family Foundation of Virginia and a group of professors from Regent University and other conservative academic institutions filed amicus briefs with the court in support of the marriage amendment.

“These citizens support marriage as defined by our constitution because they understand and recognize that our children deserve, whenever possible, to have both a mom and a dad,” said Victoria Cobb, president of the Family Foundation of Virginia. “They are also frustrated that they’ve been disenfranchised by an unconscionable and unprecedented decision by the attorney general of Virginia to take a position in court against the marriage amendment.”

Cobb joined former Virginia lieutenant gubernatorial candidate E.W. Jackson, Josh Duggar of the TLC series “19 Kids and Counting” who works for the Family Research Council, Allison Howard of Concerned Women for America and other same-sex marriage opponents who rallied outside the courthouse before the hearing. Roughly 60 LGBT rights advocates and other supporters of nuptials for gays and lesbians attended a candlelight vigil on Monday night.

“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Washington Blade on Monday during an interview with her and Townley and Bostic and London. “Virginia should not be in the business of standing in the way of people wanting to care for each other and take responsibility for each other.”

The hearing took place a day after the Republican-controlled Virginia House of Delegates overwhelmingly approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so.

The measure’s sponsors — state Dels. Bob Marshall (R-Prince William County) and Todd Gilbert (R-Shenandoah County) — are among the 30 lawmakers who asked Gov. Terry McAuliffe to appoint a special counsel to defend the marriage amendment.

The governor, who supports marriage rights for same-sex couples, last week declined to do so.

A federal judge in Harrisonburg on Jan. 31 certified a second lawsuit the American Civil Liberties Union, Lambda Legal and the ACLU of Virginia filed on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in the commonwealth as a class action.

Allen said she would issue her ruling in the AFER case “soon.”

“We want to be married,” London told the Blade on Monday. “It’s important to us as Virginians that we get married in the state that we love.”

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Delaware

Democrat Maureen ‘Mo’ Madden takes on longtime GOP stronghold in Delaware’s 38th

Out lesbian candidate for state House focused on infrastructure needs, voting rights

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Maureen ‘Mo’ Madden (Photo courtesy of Madden)

Democrat Maureen “Mo” Madden is running for the Delaware House of Representatives in the 38th District, seeking to win a seat that has been held by Republicans for more than two decades.

The race opened up after Republican state Rep. Ron Gray announced in April that he would not seek reelection after seven terms in the General Assembly. 

Gray was first elected in 2012 and represents communities including Bethany Beach, Fenwick Island, Selbyville and Ocean View. Madden, a Dagsboro resident, filed to run for the seat in 2025.

Madden is a retired federal civil servant who spent nearly 23 years at NASA and more than seven years at the National Oceanic and Atmospheric Administration. She holds a master’s degree in physics and previously worked in leadership at NOAA.

She said her professional experience taught her the importance of working collaboratively, something she believes would translate to the legislature.

“Advocating, negotiating, and collaborating are all skills that a legislator needs,” she said. “You learn to collaborate. You learn to negotiate. You learn to advocate for your budget, for your team, and for your projects.” 

Madden said her decision to run began after she and her wife moved to the area and she noticed the lack of Democratic candidates on the ballot in her district.

“Somebody’s got to do it, and I’ve got time. I’m retired,” said Madden.

She acknowledged the difficulty of running as a Democrat in the district, which has been represented by Republicans since 2002.

Madden said one of the biggest concerns she hears from residents is the rapid growth of Sussex County.

“We have a massive amount of growth and a massive amount of development,” said Madden.

Madden said the growth has placed additional pressure on roads, schools, emergency services, as well as water and sewer infrastructure.

“We need to find a way to bring more money down here for the school system and for the infrastructure that we need,” she said.

She also raised concerns about the impact of new developments on existing neighborhoods, particularly in regard to flooding and drainage.

“Something needs to be done,” said Madden.

Madden also pointed to climate change as a factor affecting the region.She said the state will need to work on both addressing development and preparing communities for increasingly severe weather.

“We have to work both sides of it,” Madden said.

Madden said improving infrastructure would be a priority if she is elected, particularly roads and other infrastructure that affect residents’ daily lives.

“I want to increase the safety of my neighbors,” she said.

Madden also said she wants to address infrastructure needs related to water and sewer service, as well as the availability of health care in the rapidly growing coastal region.

Madden said protecting voting rights would be another priority in the legislature.

“The right to vote is one of the biggest things that we have here in a democracy,” she said.

She said that she supports early voting, mail-in voting, and same-day registration, as well as restoring voting rights to people who have completed felony sentences.

“You should not lose a constitutional right because you’ve been in jail,” said Madden.

“Protecting the right to vote is how I will defend democracy when I get to the state House,” she said.

Madden said she would also support efforts to enshrine certain rights in the Delaware Constitution, including reproductive rights, voting rights, and the right to marriage.

“Those three protections of our freedoms that are right now under attack need to be more secure in the Delaware State Constitution,” she said.

As an openly lesbian candidate, Madden said LGBTQ+ rights are important to her, particularly the treatment of young transgender people.

She said she is concerned about efforts to restrict transgender students’ participation in sports and other policies affecting transgender people.

“They are picking on the most vulnerable of the most vulnerable,” said Madden.

She said she hopes voters will view LGBTQ+ people as part of their communities rather than as fundamentally different from their neighbors.

“We’re your neighbors. We’re your friends. We’re your family,” she said.

Madden will face Republican Carlie Carey in the general election on Nov. 3. 

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Comings & Goings

Spark Social launches new Sunday coffee event

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Nick Tsusaki

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

It is exciting to write about Nick Tsusaki, the founder and owner of Spark Social, 2009 14th St., N.W. Tsusaki just announced the official opening, on Sunday, Aug. 23, of a new daytime event, called Spark Coffee Club, a great opportunity to meet up with friends, or meet new ones.  It is in partnership with Go Gay DC and runs 12-1 p.m., every Sunday. If you are new to D.C., you can browse more than 180 local LGBTQ+ community groups Tsusaki has listed on the community tab of his website: spark-dc.com/community.

“I’ve been out for most of my life, but it wasn’t until I started working in queer spaces, surrounded by queer people, that I really felt proud, even lucky, to be gay,” he said. “I hope Spark is a place where more people come to that same realization.”

Tsusaki went to Georgetown for his undergraduate studies, and spent four years doing Navy ROTC, then went into the Navy. He told me, “Town was the first gay bar I ever went to. It was always such a liberating and euphoric experience, I knew I wanted to come back to D.C. permanently, after the Navy.”  

During his eight years in the Navy, Tsusaki spent time in among other places, Bahrain, and Korea. He was D.C. operations manager, where he managed large, diverse teams, across multiple countries, supervising logistics, scheduling, safety protocols, and daily operational readiness. He also directed emergency response and crisis management operations, including White House support, COVID-19 response planning, and major safety and security protocols protecting tens of thousands of personnel.

Tsusaki recounted, “When I left the Navy in 2023, I applied to every gay bar in the city.  Fortunately, Shakers, was just opening at that time, and I started as a barback on the opening team. My appreciation for the D.C. LGBTQ+ community, and LGBTQ+ spaces only grew as I worked with and met some of the most hilarious, talented, proud, diverse, and supportive people in my life. After just a year in the industry, my passion had grown so strong I decided I wanted to open my own venue.” 

Tsusaki then built Spark Social, and now supervises a 20-person team across café, bar, retail, and nightlife operations, ensuring strong safety standards, clear procedures, and consistent guest experience. He has developed a deeply trusted neighborhood presence through strong community partnerships, resulting in a 4.9 Google rating with 120+ reviews.  He created an innovative 1-for-1 cocktail menu offering alcoholic and non-alcoholic options, with equal quality and presentation, and promotes an inclusive nightlife for non-drinkers. He has established Spark as a unique market leader in LGBTQ+ hospitality, combining daytime café culture, with late-night programming, and community-centered events. So, whether you go for the new community coffee hour on Sundays, or any other time, Spark Social is a place where you will feel comfortable. 

Tsusaki earned his bachelor’s of science degree in foreign service, Georgetown University; and master’s in business analytics from the University of Virginia, Darden School of Business. 

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Maryland

Anne Arundel schools updates gender identity regulation following Trump administration threats

District facing federal lawsuit, White House threats over guidelines

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Anne Arundel County Public Schools Supt. Mark Bedell sent a message to families on Aug. 19, 2026. about an update to a school system regulation on gender identity. (Photo by Ulysses Muñoz for the Baltimore Banner)

By JESSICA CALEFATI | Under pressure from the Trump-Vance administration, Anne Arundel County Public Schools Supt. Mark Bedell announced Wednesday the district had updated a regulation intended to protect transgender students’ right to be called by their chosen name.

The revised language makes clear that district rules on gender identity do not block parents’ rights under the Family Educational Rights and Privacy Act as the federal government alleged last month, and that a student’s gender identity will not be treated as confidential medical information.

“No policy, guideline, or practice may limit or otherwise interfere with parental rights under FERPA,” Bedell wrote in a Wednesday letter to the community. “This includes any information maintained in education records that relates to gender identity, transgender status, sexual orientation, preferred name, or preferred pronouns.”

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

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