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ACLU, Lambda Legal seek to join Virginia marriage lawsuit

Groups’ case against state gay nuptials ban certified class action

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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

Lambda Legal and the ACLU on Wednesday petitioned a federal appeals court to intervene in a case that challenges Virginia’s same-sex marriage ban. (Photo courtesy of Casey Hartman)

The American Civil Liberties Union and Lambda Legal on Wednesday petitioned a federal court that is poised to hear a lawsuit challenging Virginia’s same-sex marriage ban to join the case.

The two groups – which filed their own federal lawsuit against the commonwealth’s constitutional amendment that bans nuptials for same-sex couples last August on behalf of two lesbian couples from the Shenandoah Valley – submitted a brief with the 4th U.S. Circuit Court of Appeals in Richmond to join a separate lawsuit brought by Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield last year.

U.S. District Judge Arenda L. Wright Allen’s Feb. 13 ruling in the Bostic case was appealed to the federal appellate court earlier this week.

“From the beginning, both of these cases have proceeded on parallel tracks, and for the good of all couples in the state, we hope it will remain that way,” said Joshua Block, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “This motion just ensures that all affected couples have their day in court.”

U.S. Circuit Judge Michael F. Urbanski late last month certified the Lambda Legal and ACLU lawsuit filed on behalf of Victoria Kidd and Christy Berghoff of Winchester and Joanne Harris and Jessica Duff of Staunton as a class action. Urbanski earlier this month said he would not hold oral arguments in the case – and he is expected to issue his ruling in the coming weeks.

“Marriage is a fundamental right of all Virginians,” said Claire Guthrie Gastañaga, executive director of the ACLU of Virginia. “That’s why it’s important that all couples in both cases be represented in the appeals court at the same time.”

Former U.S. Solicitor General Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court last year, are among the lawyers representing Bostic and London and Schall and Townley.

Virginia Attorney General Mark Herring last month announced he will not defend the commonwealth’s marriage amendment that voters in 2006 approved by a 57-43 percent margin.

“The Bostic case is extremely well positioned heading into the Fourth Circuit,” American Foundation for Equal Rights Executive Director Adam Umhoefer told the Washington Blade in a statement. “The district court issued an order that, if it is affirmed, will ensure that all gay and lesbian Virginians who wish to marry, or to have their marriage recognized, can do so.”

Herring’s spokesperson, Michael Kelly, declined to specifically comment on the Lambda Legal and ACLU request to join the Bostic case.

“Attorney General Herring’s priority remains ensuring that higher courts have an opportunity to hear this case as quickly as possible to settle the fundamental issues it presents,” said Kelly.

Matthew D. McGill, co-counsel for the plaintiffs in the Bostic case, questioned why the two groups petitioned the 4th U.S. Circuit Court of Appeals to join the Bostic case.

“The addition of new parties to the case at this late stage risks delaying the proceedings, and there is not a moment to lose when gay and lesbian couples and families across Virginia – and other states in the Fourth Circuit – are experiencing real harm,” said McGill. “We hope the Harris plaintiffs and their lawyers will continue to support our shared goal of marriage equality by filing an amicus brief alongside us.”

A source involved in the legal process who asked to remain anonymous told the Blade there are “grave and serious consequences for an unwarranted ACLU intervention.” These could include the possibility that other groups from West Virginia, North Carolina and South Carolina that fall under the 4th U.S. Circuit Court of Appeals’ jurisdiction could seek to join the case if allowed.

“If intervention were granted, it could adversely slow down the current appeals process – and time is critical when it comes to attaining marriage equality for all Virginians,” said the source. “There is not a day to lose. Groups like the ACLU can be supportive by simply filing amicus briefs.”

“We are eager for the Fourth Circuit to move ahead swiftly in the Bostic case,” added Umhoefer. “Any delay in the appeals process means that gay and lesbian couples and their families will continue to suffer prolonged harm under unjust laws. We welcome the ACLU to participate as amicus curiae in the case.”

James Esseks, director of the ACLU’s Lesbian Gay Bisexual Transgender and AIDS Project, told the Blade the plaintiffs in the Harris case and their lawyers have been “appointed as representatives of a class of 14,000 same-sex couples in Virginia.” He added the motion to intervene in the Bostic lawsuit are to “do right” by the thousands of gays and lesbians in Virginia who are either married in another jurisdiction or want to exchange vows in the commonwealth.

“This is not about an either or thing,” Esseks told the Blade, noting the Bostic case is not a class action. “This is about an and thing.”

Greg Nevins of Lambda Legal echoed Esseks.

“There still are a lot of moving parts in this,” Nevins told the Blade. “We’ll eventually just do what we can to do the best on this particular case. No one knows where the chips are going to fall.”

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District of Columbia

Blade contributor, husband exchange vows in D.C.

Yariel Valdés and Kevin Vega held ceremony at Jefferson Memorial on March 23

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Kevin Vega and Yariel Valdés (Washington Blade photo by Michael K. Lavers)

Washington Blade contributor Yariel Valdés and his husband, Kevin Vega, exchanged vows at the Jefferson Memorial on March 23.

The couple married in Fort Lauderdale, Fla., on Nov. 24, 2025. The Jefferson Memorial ceremony — which Blade International News Editor Michael K. Lavers and Samy Nemir Olivares officiated — coincided with the third anniversary of Yariel and Kevin’s first date.

Yariel in 2019 asked for asylum in the U.S. because of the persecution he suffered as a journalist in his native Cuba. He spent nearly a year in U.S. Immigration and Customs Enforcement custody before his release on March 4, 2020.

Yariel wrote a series of articles about his time in ICE custody that the Blade published. The series was nominated for a GLAAD Media Award in 2022.

Yariel and Kevin live in South Florida.

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District of Columbia

‘Out for McDuffie’ event held at D.C. gay bar

Mayoral candidate cites record of longtime support for LGBTQ rights

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D.C. mayoral candidate Kenyan McDuffie held a meet and greet at Number 9 last week. (Washington Blade photo by Lou Chibbaro, Jr.)

More than 100 people filled the upstairs room of the D.C. gay bar Number 9 on Thursday night, March 26, to listen to D.C. mayoral candidate Kenyan McDuffie at an event promoted as an “Out for McDuffie”  meet and greet session.

Several local LGBTQ activists who attended the event said they support McDuffie, a former D.C. Council member, in his run for mayor while others said they had not yet decided whom to vote for in the June 16 D.C. Democratic primary election.

As of March 27, eight other Democrats were competing against McDuffy in the June 16 primary, including D.C. Council member Janeese Lewis George (D-Ward 4), considered McDuffie’s lead opponent. Lewis George also has a record of strong support on LGBTQ issues.  

Most political observers consider McDuffie and Lewis George the two lead candidates in the race, with the others having far less name recognition.

The two lead organizers of the Out for McDuffie event were LGBTQ rights advocates Courtney Snowden, a former D.C. deputy mayor in the administration of Mayor Muriel Bowser, and Cesar Toledo, a local LGBTQ youth housing services advocate.

“I’m a candidate for mayor of Washington, D.C. and I’m running for mayor because I love this city,” McDuffie told the gathering after being introduced by Snowden. “And now more than ever we need leadership to take us to the future,” he said, adding that he and his administration would “stand up and fight” against President Donald Trump’s efforts to intervene in local D.C. affairs. 

“Our strength is in the 700,000 beautifully diverse residents of Washington, D.C.” he told the gathering. “And as Courtney said, I didn’t just show up and run for mayor and then start saying that I’m going to be an ally for the queer community, for the LGBTQ+ community,” he said, “I’ve lived my entire professional life fighting for justice and fighting for fairness.”

Following  his speech, McDuffie told the Washington Blade, “We’re going to fight to protect our LGBTQ+ community every single day. That’s what I’ve spent my career doing, making sure we have a beautifully diverse and inclusive city.”

He remained at Number 9, located at 1435 P St., N.W., for nearly an hour after he spoke, chatting with attendees.      

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District of Columbia

‘No Kings’ protests set for D.C.

Anti-Trump demonstrations to take place across country on Saturday

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A 'No Kings' protest took place in D.C. on Oct. 18, 2025. (Washington Blade photo by Michael Key)

As President Donald Trump and his administration escalate rhetoric targeting transgender youth and student athletes, push efforts to restrict voting access for millions of Americans, and pursue foreign policy decisions that critics say bypass congressional authority, organizers across the country are once again mobilizing in protest.

For many LGBTQ advocates, the moment feels especially urgent.

In recent months, activists have pointed to a surge in anti-trans legislation, attacks on gender-affirming care, and efforts to roll back nondiscrimination protections as direct threats to the safety and visibility of queer and trans communities. Organizers say the demonstrations are not just about policy, but about defending the right of LGBTQ people — particularly trans youth and people of color — to live openly and safely.

Thousands of “No Kings” protests are planned nationwide, with multiple demonstrations set to take place in D.C.

One of the primary events, “No Kings Washington,” will be held in Anacostia, an overwhelmingly Black area of D.C. that is often at the center of conversations around racial justice, policing, and access to resources in the nation’s capital.

The protest in Anacostia is focused on what organizers describe as the “power behind the throne,” specifically Stephen Miller, the White House Deputy Chief of Staff for Policy and Homeland Security Advisor. Miller has been closely associated with the administration’s “zero tolerance” immigration policy, including the family separation practice that resulted in thousands of children being separated from their parents at the Southern border.

Activists have also linked immigration enforcement policies to broader concerns about LGBTQ migrants, including queer asylum seekers who often face heightened risks of violence and discrimination both in their home countries and within detention systems.

Anacostia protest details:

Participants are asked to gather starting at 1:30 p.m. on the southeast side of the Frederick Douglass Bridge. The closest Metro station is Anacostia on the Green Line, about an 8-minute walk from the starting point. Organizers strongly encourage attendees to use public transportation, as street parking is limited.

The march will proceed past Fort McNair and conclude near the Waterfront Metro station.

D.C. icon and LGBTQ activist Rayceen Pendarvis is set to speak at the protest around 2 p.m.

Kalorama protest details:

A separate protest will take place earlier in the day in Kalorama, a neighborhood long associated with political power and home to presidents, cabinet officials, and foreign ambassadors. Demonstrators are expected to gather at 10 a.m., with a march running until approximately noon near the intersection of Connecticut Avenue and Kalorama Road.

Arlington/National Mall protest details:

Another group is expected to assemble at Memorial Circle near Arlington National Cemetery at 10 a.m. before crossing the Memorial Bridge into D.C., passing the Lincoln Memorial and continuing on to the Washington Monument. Organizers say the march is intended to defend “American democracy, the rule of law, and a healthy planet.”

Unlike last June — when organizers discouraged large-scale demonstrations in D.C. due Trump’s military/birthday parade — activists are now explicitly calling on people to show up in the nation’s capital and surrounding areas.

The protests also coincide with Transgender Day of Visibility weekend, which includes additional gatherings and celebrations on the National Mall. At the same time, peak bloom for the National Cherry Blossom Festival is expected to draw large crowds to the city. With multiple major events happening simultaneously, officials and organizers anticipate significant congestion, increased traffic, and crowded public transit throughout the weekend.

Organizers are urging participants to plan ahead and come prepared.

“Bring your signs, noisemakers, music, and creative ideas, and gather in joyful, nonviolent protest,” they said. “Children are very welcome.”

For more information, visit nokings.org.

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