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Virginia same-sex marriage ruling appealed

Federal judge on Feb. 13 struck down gay nuptials ban

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Virginia, Norfolk, same-sex marriage, marriage equality, gay marriage, gay news, Washington Blade

Virginia, Norfolk, same-sex marriage, marriage equality, gay marriage, gay news, Washington Blade

Same-sex marriage supporters attended a candlelight vigil outside the federal courthouse in Norfolk, Va., on Feb. 3. (Photo courtesy of Casey Hartman)

A federal judge’s ruling that struck down Virginia’s same-sex marriage ban was appealed on Monday.

Norfolk Circuit Court Clerk George Schaefer appealed U.S. District Judge Arenda L. Wright Allen Feb. 13 ruling to the 4th U.S. Circuit Court of Appeals in Richmond. Prince William County Circuit Court Clerk Michèle McQuigg has also appealed the decision.

The state on Monday filed filed its own notice of appeal that Attorney General Mark Herring hopes will expedite the case.

“Throughout this process I have maintained that the law requires equal treatment for same-sex couples,” said Herring in a statement. “Although the court agreed with the commonwealth’s position that the state’s ban on same-sex marriage is unconstitutional, I have filed a notice of appeal to ensure that higher courts can swiftly rule on the critical issues in this case, consistent with my commitment to the rule of law.”

Tim Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield last year filed a lawsuit against Virginia’s same-sex marriage amendment that voters in 2006 approved by a 57-43 percent margin.

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)

The Family Foundation of Virginia, the National Organization for Marriage, former Attorney General Ken Cuccinelli and state Del. Bob Marshall (R-Prince William County) are among those who criticized Allen. A handful of same-sex marriage opponents last week protested outside the Norfolk school her child attends.

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 subsequently denied a request from Marshall and 29 other state lawmakers to appoint a special counsel to defend the marriage amendment.

“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 judge with the assistance of our own attorney general,” said Family Foundation of Virginia President Victoria Cobb after Allen issued her ruling.

Judge Michael F. Urbanski of the U.S. District Court for the Western District of Virginia in Harrisonburg last week held a hearing in class action lawsuit challenging the commonwealth’s gay nuptials ban to determine whether oral arguments are necessary in the case since Herring is no longer defending the marriage amendment. The American Civil Liberties Union, the ACLU of Virginia and Lambda Legal last August filed the lawsuit on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in the Old Dominion.

Neighboring Maryland is among the 18 states and D.C. that have extended marriage rights to same-sex couples.

Gays and lesbians in West Virginia, Utah, Pennsylvania, Florida, Alabama, 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 month announced she will no longer defend her state’s same-sex marriage ban in court.

A federal judge on Feb. 12 ruled Kentucky must recognize gay nuptials legally performed in other jurisdictions. U.S. District Judge Sharon Johnson Coleman on Feb. 21 said same-sex couples in Illinois’ Cook County, where Chicago is located, could immediately begin to tie the knot even though the state’s same-sex marriage law does not take effect until June.

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 public safety personnel. This mandate applies to Virginia and the 31 other states that have yet to allow gays and lesbians to marry.

Same-sex marriage bans in West Virginia, North Carolina and South Carolina could be found unconstitutional if the 4th U.S. Circuit Court of Appeals upholds Allen’s ruling. Former U.S. Solicitor General Ted Olson and other lawyers who are representing Bostic and London and Schall and Townley expect the U.S. Supreme Court may ultimately decide the case.

“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Blade before Allen heard oral arguments in the 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.”

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Rehoboth Beach

Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden

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Former first lady Jill Biden and daughter, Ashley Biden attend the White House Pride celebration on June 26, 2024. (Blade photo by Michael Key)

The Washington Blade’s 19th annual Summer Kickoff Party is scheduled for Friday, May 15 in Rehoboth Beach, Del.

Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. (Her appearance was rescheduled from last year.)

The event, to be held this year at Diego’s (37298 Rehoboth Ave. Ext.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.

The event will also feature remarks from state Rep. Claire Snyder-Hall. New CAMP Rehoboth Executive Director Dr. Robin Brennan and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Diego’s.

A suggested donation of $25 is partially tax deductible and includes a drink ticket and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door. 

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District of Columbia

Curve magazine honors Washington Blade publisher

Lynne Brown named to 2026 Power List

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Blade Publisher Lynne Brown is being honored by Curve magazine.

Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.

“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.

Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010. 

“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.   

“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.” 

Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers. 

Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”

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Rehoboth Beach

Auction of Rehoboth’s Blue Moon canceled

Details on sale of iconic bar, restaurant not disclosed

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Rehoboth’s Blue Moon has apparently been sold but the buyer has not been disclosed. (Washington Blade file photo by Michael Key)

The Blue Moon in Rehoboth Beach, Del., has been an iconic presence in the local LGBTQ community for four decades but its status remains murky after a sheriff’s auction of the property was abruptly called off on Tuesday.

The property was listed for sale in December. At that time, owner Tim Ragan told the Blade that he is committed to preserving its legacy as a gay-friendly space.

“We had no idea the interest this would create,” Ragan said in December. “I guess I was a little naive about that.”

Ragan explained that he and longtime partner Randy Haney were separating the real estate from the business. The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million. 

The bar and restaurant business is being sold separately; the price was not publicly disclosed. 

But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer has been found but the sale is not yet final. As of Wednesday morning, the listing has been removed from the sheriff’s auction site.

Ragan didn’t respond to Blade inquiries about the auction. Back in December, he told the Blade, “It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” noting that he turns 70 this year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.” 

The identity of the buyer was not disclosed, nor was the sale price. 

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