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Judge hears oral arguments in Va. marriage case
Olson tells court the state’s prohibition ‘cannot stand’
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.”
Virginia
Gay Va. couple hopeful voters will enshrine marriage equality in state constitution
Early voting has already begun in the state
A referendum on whether to enshrine marriage equality in Virginia’s constitutional amendment is on the ballot this year.
If voters approve Question 2, it will codify the U.S. Supreme Court’s Obergefell ruling in 2015 that extended marriage rights to same-sex couples across the country — gays and lesbians have been able to legally marry in Virginia since Oct. 6, 2014.
Rob Bookbinder and James Fisher are a married couple who live in Arlington.
They have been together for 38 years — Bookbinder and Fisher married in 2014.
“We think this is a critical vote to remove this discriminatory language from the constitution and to ensure that going forward, no matter what happens, the state of Virginia will ensure marriage equality,” Fisher told the Washington Blade. “It is it is really difficult and upsetting to think that our current state constitution would prohibit same-sex marriage, even though the federal government overrides that now. There’s no saying what may happen in the future.”
Bookbinder said it was important for him and Fisher to get married “to gain social equality.”
“I was surprised how good it felt, how important it was to begin to say, ‘my husband rather than my partner,'” Bookbinder said.
Bookbinder then explained why it feels good to be married.
“Is it a legal partner, a business partner, a tennis partner, you know, or a romantic partner? But when you say my husband James, everyone knows exactly what you mean and confers an equal status with everyone else who’s married, and we were both surprised at how good it felt and how equal it felt to suddenly be married and be able to state that you were married and discuss your husband rather than your partner, and I would hate to lose that,” he said.
Bookbinder and Fisher said they are hopeful that voters will approve the amendment, noting Virginia has become more progressive over the years.
“I think people have, with the Supreme Court decision, people have seen that a same-sex marriage is just a marriage,” stated Fisher. “It’s just two people who love each other, and I think more and more people have attended a same-sex marriage, someone in their family or a friend, and the experience of what this is, firsthand experience, is so important in shaping people’s opinions, and I think the period of time that we’ve had since the Obergefell decision has given a lot of voters that experience, which I think is really important and powerful.”
The couple also said the push to enshrine marriage equality in Virginia’s constitution is in response to the Trump-Vance administration.
“And I think due to President Trump doing all the horrible things he’s done to so many groups, including LGBTQ, especially trans people, that Virginians are kind of pushed to be even more progressive to protect those who need protection, which would include the LGBTQ community in terms of marriage equality, so I’m confident it will pass,” said Fisher.
Narissa Rahaman, executive director of Equality Virginia, sent the Blade a statement about early voting on Question 2 that has already begun.
“With early voting now underway, our focus is making sure every Virginian knows Question 2 is on their ballot,” said Rahaman. “The outdated ban on same-sex marriage still in Virginia’s state constitution leaves a gap in protections for the thousands of same-sex couples that call this state home, but after 20 years we have the chance to fix it.”
Log onto www.mobilize.us/vaformarriage to find out more about the campaign in support of Question 2.
By JOHN-JOHN WILLIAMS IV | Those legendary heavy-handed pours, spirited karaoke and trivia nights, and groan-worthy wall-to-wall patrons on packed nights are back!
Leon’s will live to see another day.
Baltimore’s oldest gay bar, which opened in the 1950s, closed in July following the death of its owner, Ron Singer.
The rest of this article can be read on the Baltimore Banner’s website.
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].
Congratulations to Leigh Miles Jackson, Ph.D., named executive director of The Institute for Health Research & Policy at Whitman-Walker, and Angel Earle, Ph.D. named as chief operating officer, Whitman-Walker Health System.
Upon her appointment Dr. Jackson said, “Under my leadership, I would love for The Institute for Health Research & Policy at Whitman-Walker to be known as a trusted, forward-looking research organization that shapes policies, strengthens practices and creates measurable change for the community.” Dr. Jackson spent 12 years with the National Academies of Sciences, Engineering and Medicine, leading national initiatives on minority-serving institutions and economic evidence for investments in children, youth and families. Dr. Jackson holds an extensive educational background, including postdoctoral fellowships in developmental Psychology and Neurogenomics from Vanderbilt University, a Ph.D. in molecular and systems pharmacology from Emory University and a bachelor’s degree in chemistry from Wake Forest University.
Upon her appointment Dr. Earle said, “When we talk about parity and inequities and research, it’s never just about the dollars that are out there. It’s about making sure that we’re cultivating a change that embraces equity at the heart of everything that it does. As the COO for Whitman-Walker Health System I will be working closely to support The Institute for Health Research & Policy at Whitman-Walker and the Whitman-Walker Foundation to drive advancement in research and support the strategic goals of all of the Whitman-Walker Heath System entities.”
Dr. Earle is a genetic epidemiologist and senior executive. She brings a background from the London School of Economics and the University of South Carolina, with expertise in global health, corporate strategy and socioeconomic policy. She has co-authored peer-reviewed research on cancer genetics, nephrology biomarkers and reproductive genomes.
Dr. Heather Aaron, CEO of Whitman-Walker Health System said, “both leaders bring research-driven expertise and operational strength to the organization as it continues expanding research, health care access, and health outcomes for residents across the Washington, D.C., region, including the LGBTQ+ community, people living with and at risk for HIV, and communities experiencing persistent health disparities.”
The Institute for Health Research & Policy at Whitman-Walker is also expanding its research agenda beyond HIV to address the complex health conditions affecting people living with and at risk for HIV, as well as the broader communities The Institute for Health Research & Policy at Whitman-Walker serves.
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