Local
Judge strikes down Virginia gay marriage ban
Two couples filed lawsuit against gay nuptials ban
Carol Schall (left) with Mary Townley and their daughter Emily. (Washington Blade photo by Michael Key)
A federal judge Thursday struck down Virginia’s constitutional amendment that defines marriage as between a man and a woman as unconstitutional.
“The court is compelled to conclude that Virginia’s marriage laws unconstitutionally deny Virginia’s gay and lesbian citizens the fundamental freedom to choose to marry,” said Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia. “Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country’s cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family.”
Allen, who President Obama nominated to the federal bench in 2010, repeatedly referenced the U.S. Supreme Court’s landmark 1967 ruling that struck down Virginia’s interracial marriage ban in her 41-page decision. She also opened her decision with a quote from Mildred Loving, who publicly backed marriage rights for same-sex couples before her death in 2008.
“Tradition is revered in the commonwealth, and often rightly so,” said Allen. “However, tradition alone cannot justify denying same-sex couples the right to marry any more than it could justify Virginia’s ban on interracial marriage.”
Allen also dismissed arguments made by those who defend Virginia’s same-sex marriage ban that marriage rights for gays and lesbians harms children.
“Of course the welfare of our children is a legitimate state interest,” she said. “Limiting marriage to opposite-sex couples fails to further this interest. Instead, needlessly stigmatizing and humiliating children who are being raised by the loving couples targeted by Virginia’s Marriage Laws betrays that interest.”
Allen’s ruling comes less than two weeks after she heard oral arguments in a lawsuit that Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield filed last year.
“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Washington Blade earlier this month before Wright heard oral arguments in their case. “When one of us is sick or when one of us needs surgery or when health care is an issue, we need to be there for each other. And 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.”
Virginia voters in 2006 approved the marriage amendment by a 57-43 percent margin.
Attorney General Mark Herring last month announced he would not defend the amendment.
The Republican-controlled Virginia House of Delegates earlier this month overwhelmingly approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so. Gov. Terry McAuliffe a few days earlier denied a request from 30 state lawmakers to appoint a special counsel to defend the marriage amendment.
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.
“This decision is a victory for the Constitution and for treating everyone equally under the law,” said Herring in a statement after Allen issued her ruling in the Bostic case.
McAuliffe also applauded the decision.
“In order to grow our economy and attract the best businesses, entrepreneurs, and families to Virginia, we must be open and welcoming to all who call our commonwealth home,” he said in a statement. “As this case continues through the judicial process, I will enforce the laws currently on the books, but this decision is a significant step forward in achieving greater equality for all of our citizens.”
Former U.S. Solicitor General Ted Olson, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court with David Boies, joined the lawsuit last September with the American Foundation for Equal Rights. Olson said in an AFER press release that Allen’s decision has “upheld the principles of equality upon which this nation was founded.”
“Virginia’s prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status,” he said. “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.”
Equality Virginia Executive Director James Parrish said Wright’s ruling “finally puts Virginia on the path toward allowing lesbian and gay couples to marry the person they love here in the place they call home.”
“This is an historic day in Virginia,” added Parrish.
National Organization for Marriage President Brian Brown blasted Allen.
“This is another example of an Obama-appointed judge twisting the constitution and the rule of law to impose her own views of marriage in defiance of the people of Virginia,” said Brown in a statement.
Brown also again sharply criticized Herring for not defending the commonwealth’s marriage amendment.
“This case also leaves a particular stench because of the unconscionable decision of Attorney General Mark Herring to not only abandon his sworn duty to defend the laws of the state, but to actually join the case against the very people he is duty-bound to represent,” said Brown.
Victoria Cobb, president of the Family Foundation of Virginia, also criticized Herring.
“Regardless of one’s stance on marriage, the people of Virginia were disenfranchised by this ruling as our voice and our vote that amended our Constitution have been rendered meaningless by a single federal judge with the assistance of our own attorney general,” she said.
Neighboring Maryland is among the 18 states and D.C. that have extended marriage rights to same-sex couples.
The Southern Poverty Law Center earlier on Thursday filed a federal lawsuit against Alabama’s same-sex marriage ban on behalf of a gay widower who married his late-husband in Massachusetts in 2011.
A federal judge on Wednesday ruled Kentucky must recognize same-sex marriages legally performed in other states.
Gays and lesbians in West Virginia, Utah, Pennsylvania, Florida, Missouri, Louisiana and other states have filed lawsuits seeking marriage rights 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. Nevada Attorney General Catherine Cortez Masto earlier this week announced she will no longer defend her state’s same-sex marriage ban in court.
Attorney General Eric Holder on Feb. 10 announced the Justice Department will now recognize same-sex marriages in civil and criminal cases and extend full benefits to gay spouses of police officers and other public safety personnel. This directive applies to Virginia and the 31 other states that have yet to allow nuptials for gays and lesbians.
U.S. Sen. Ted Cruz (R-Texas) earlier on Thursday introduced a bill that would ban the federal government from recognizing same-sex marriages in states that ban gay nuptials.
Allen has stayed her ruling, pending the outcome of an appeal.
Rehoboth Beach
HISTORIC: Susan Stewart elected Rehoboth’s first out mayor
Thanks LGBTQ supporters and vows to protect city’s small town charm
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.
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
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.
Virginia
Doug Ollivant to face Eugene Vindman in Va. 7th Congressional District
Republican defeated challengers in Tuesday’s primary
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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