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Lawyer: Va. marriage ban necessary for ‘procreation’

Anti-gay Alliance Defending Freedom files brief with federal appeals court

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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

A lawyer with the Alliance Defending Freedom argues in a brief submitted to the 4th U.S. Circuit Court of Appeals that Virginia’s same-sex marriage ban is necessary for “procreation.” (Photo courtesy of the Family Foundation of Virginia)

A lawyer for an anti-gay legal group said in a brief filed with a federal appeals court on March 28 that Virginia’s same-sex marriage ban is necessary for the “procreation” of children.

“Redefining marriage harms marriage’s ability to serve those interests by serving marriage’s inherent connection to procreation and communicating that the primary end of marriage laws is to affirm adult desires rather than serve children’s needs, and suppressing the importance of both mothers and fathers to children’s development,” wrote Byron J. Babione of the Alliance Defending Freedom in a brief he filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va., on behalf of Prince William County Circuit Court Clerk Michèle McQuigg.

Babione argued that U.S. District Judge Arenda L. Wright Allen “sought to discredit these procreation- and child-focused purposes for marriage” in her Feb. 13 ruling that struck down Virginia’s constitutional amendment that defines marriage as between a man and a woman.

“Plaintiffs ask this court to use the law’s power to redefine the institution of marriage,” said Babione. “That redefinition would transform marriage in the public consciousness from a gendered to a genderless institution – a conversation that would be swift and unalterable, the gendered institution having been declared unconstitutional.”

Babione also cites the Witherspoon Institute in his brief to make the argument that it is “best for a child to be reared by his or her own mother and father.” The New Jersey-based conservative think tank largely funded Mark Regnerus’ study on the issue that a federal judge earlier this month dismissed as “entirely unbelievable and not worthy of serious consideration” in his ruling that struck down Michigan’s same-sex marriage ban.

“Genderless marriage communicates that marriage exists primarily for the government to approve emotional or romantic bonds, because those sorts of bonds (and not sexual conduct of the type that creates children) would be the prominent feature shared by the couples who marry,” said Babione.

David B. Oakley, who represents Norfolk Circuit Court Clerk George Schaefer, III, in the case, said in a separate brief he filed with the federal appeals court on March 28 that Allen “began her opinion with the misconception that Virginia’s definition of marriage is solely based upon prejudice and animus towards gay and lesbian couples.” She opened her ruling with a quote from Mildred Loving, whose challenge of Virginia’s interracial marriage ban prompted the U.S. Supreme Court to issue its landmark Loving v. Virginia decision in 1967.

Oakley further argued Schaefer and others who issue marriage licenses would “face exposure to additional lawsuits” from those denied them if the 4th Circuit upholds Allen’s ruling.

“Same-sex marriage proponents want to open the door of marriage for their benefit and then slam it shut behind them,” wrote Oakley. “It will not be long before other groups come knocking.”

Court records indicate the Family Research Council on March 26 sought to file an amicus brief in the Bostic case, but the federal appeals court blocked it as “premature.” The Washington Blade was unable to immediately obtain a copy of the filing.

Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield last year challenged the commonwealth’s marriage amendment. The American Civil Liberties Union and Lambda Legal – who filed a separate lawsuit last summer on behalf of Victoria Kidd and Christy Berghoff of Winchester and Joanne Harris and Jessica Duff of Staunton – have been allowed to join the Bostic case.

U.S. District Judge Michael F. Urbanski in January certified the ACLU and Lambda Legal lawsuit as a class action.

The federal appeals court on May 12 is scheduled to hear oral arguments in the Bostic case.

Attorney General Mark Herring earlier this year announced he would not defend Virginia’s marriage amendment that voters in 2006 approved by a 57-43 percent margin.

Briefs from the lawyers who are representing the plaintiffs are due to the court on April 11.

“Our attorneys will review the briefs from the clerks and will respond as appropriate in the brief the commonwealth will file by the April 11 deadline,” Herring spokesperson Michael Kelly told the Blade.

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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District of Columbia

D.C. Council member honored by LGBTQ homeless youth group

Doni Crawford receives inaugural Wanda Alston Legacy Award

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Wanda Alston Foundation Director Cesar Toledo presents the Wanda Alston Legacy Award to DC Councilmember Doni Crawford at an April 7 award event at Crush Bar. (Washington Blade photo by Lou Chibbaro, Jr.)

About 100 people turned out Tuesday evening, April 7, for a presentation by D.C.’s Wanda Alston Foundation of its inaugural Wanda Alston Legacy Award  to D.C. Council member Doni Crawford (I-At-Large) for her support for the foundation’s mission to support homeless LGBTQ youth. 

Among those who attended the event was Japer Bowles, director of D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs, who delivered an official proclamation issued by Bowser declaring April 7, 2026 “A Day of Remembrance for Wanda Alston.”

Alston, a beloved women’s and LGBTQ rights activist, served as the city’s first director of the then newly created Office of LGBTQ Affairs under then-Mayor Anthony Williams from 2004 until her death by murder on March 16, 2005.

To the shock and dismay of fellow LGBTQ rights advocates, police and court records reported Alston, 45, was stabbed to death inside her Northeast D.C. house by a man high on crack cocaine who lived nearby and who stole her credit cards and car. The perpetrator, William Martin Parrott, 38, was arrested by D.C. police the next day and later pleaded guilty to second-degree murder. He was sentenced in July 2005 to 24 years in prison. 

Crawford was among those attending the award event who reflected on Alston’s legacy and outspoken advocacy for LGBTQ and feminist causes.

“I am deeply humbled and honored to receive this inaugural award,” Crawford told the Washington Blade at the conclusion of the event. “I think the world of Wanda Alston. She has set such a great foundation for me and other Council members to build on,” she said.

“Her focus on inclusivity and intersectionality is really important as we approach this work,” Crawford added. “And it’s going to guide my work at the Council every day.”

Crawford was appointed to the D.C. Council in January of this year to replace then Council member Kenyan McDuffie (I-At-Large), who resigned to run for D.C. mayor as a Democrat. She is being challenged by four other independent candidates in a June 16 special election for the Council seat.

Under the city’s Home Rule Charter written and approved by Congress, the seat is one of two D.C. Council at-large seats that cannot be held by a “majority party” candidate, meaning a Democrat.

A statement released by the Alston Foundation last month announcing Crawford’s selection for the Wanda Alston Legacy Award praised Crawford’s record of support for its work on behalf of LGBTQ youth. 

“From behind the scenes to now serving as an At-Large Council member, she has fought fearlessly for affordable housing, LGBTQ+ funding priorities, and racial justice,” the statement says. “Council member Crawford’s leadership reflects the same courage and conviction that defined Wanda’s legacy.”

Organizers of the event noted that it was held on what would have been Wanda Alston’s 67th birthday.

“Today’s legacy reception was a smashing success,” said Cesar Toledo, the Alston Foundation’s executive director. “Not only did we come together to celebrate Wanda Alston on her birthday, but we also were able to raise over $10,000 for our homeless LGBTQ youth here in D.C.,” Toledo told the Blade.    

“In addition to that, we celebrated and we acknowledged a rising star in our community,” he said. “And that is At-Large Council member Doni Crawford, who we named the inaugural Wanda Alston Legacy Award recipient.”

At the request of D.C. Council Chair Phil Mendelson (D-At-Large) the Council voted unanimously on Jan. 20, 2026, to appoint Crawford to the Council seat being vacated by McDuffie.

Council records show she joined McDuffie’s Council staff in 2022 as a policy adviser and later became his legislative director before McDuffie appointed her as staff director for the Council’s Committee on Business and Economic Development for which McDuffie served as chair.

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