Local
Lawyer: Va. marriage ban necessary for ‘procreation’
Anti-gay Alliance Defending Freedom files brief with federal appeals court
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.
District of Columbia
High cost of living shuts essential workers out, threatens D.C.’s economic stability
City residents don’t always reflect those who keep it running
When Nic Kelly finishes her 6 a.m. shift as a manager at PetSmart, she walks to her bartending job at Alamo Drafthouse in Crystal City to serve cocktails, beers, and milkshakes for hundreds of guests.
Kelly, 26, doesn’t work a combined 60-65 hours per week to pocket extra cash –– she does it to barely make her almost $1,700 rent each month.
“I’m constantly working, and some days I work two jobs in the same day,” Kelly said. “But twice now I’ve had to borrow money from my mother just to make sure I pay my full rent.”
Yesim Sayin, D.C. Policy Center executive director, said this is unfortunately how the D.C. area is structured –– to keep essential workers, service employees, and lower-income people out and those with greater economic mobility in.
The DMV area’s high cost of living makes it near-impossible for employees who keep the area running to make a living, Sayin said. In 2022, only 36% of D.C.’s essential workers lived in the city, according to a D.C. Policy Center report. D.C. is also ranked 13th in the world for highest cost of living as of Nov. 7.
But for Sayin, there’s more work for policymakers to get done than simply acknowledging the high cost of living. Take a look at how current policies are impacting residents, and what long-term solutions could help the DMV thrive.
Feeling the high cost of living
D.C. has the highest unemployment rate in the country at 6.0% as of August. Sayin said the city’s high unemployment rate reflects a lack of geographic mobility in its population, meaning those who can’t find jobs can’t afford to look outside of the DMV area.
Though there are job training groups working to close the unemployment gap, securing a job –– let alone two –– rarely guarantees a comfortable lifestyle for essential and service employees.
A single-person household in D.C. with no children must make at least $25.98 an hour to support themselves, according to the Living Wage Calculator. That number jumps to $51.68 an hour for a single adult with one child. Minimum wage in D.C. is $17.95 an hour and $10 an hour for tipped employees.
Whether it’s utilizing free meals at the Alamo to save on groceries or borrowing money to make rent, every week could bring a different sacrifice for Kelly.
While Kelly lives and works a few minutes south of D.C., Sayin said the connectedness of the DMV means you don’t have to travel far to feel the withering effects of the area’s high cost of living.
“People don’t really care what flag adorns their skies,” Sayin said. “They’re looking for good housing, good schools, cheaper cost of living, and ease of transportation.”
For those that stay in the DMV area, those conditions are hard to come by. This can lead to people working multiple jobs or turning to gigs, such as Uber driving or selling on Etsy, to fill income gaps. Sayin said there are short-term benefits to securing these gigs alongside a primary job, such as helping people weather economic storms, avoid going on government assistance or racking up debt.
But she said the long-term implications of relying on gigs or other jobs can harm someone’s professional aspirations.
“You can spend three extra hours on your own profession every work week, or you can spend three hours driving Uber. One gives you cash, but the other gives you perhaps a different path in your professional life,” Sayin said. “And then 20 years from now, you could be making much more with those additional investments in yourself professionally.”
There’s a strong demand for work in D.C., but when the city starts suffering economically, those who live outside the area –– usually essential or remote workers –– will likely find work elsewhere. Sayin said this negatively impacts those employees’ quality of life, giving them less professional tenure and stability.
D.C.’s cost of living also centralizes power in the city, according to Sayin. When lower-wage employees are priced out, the residents who make up the city don’t always reflect the ones who keep it running.
“Ask your Amazon, Uber or FedEx driver where they live. They’re somewhere in Waldorf. They’re not here,” Sayin said.
Working toward an accessible D.C.
Build more. That’s what Sayin said when thinking of ways to solve D.C.’s affordability crisis.
But it’s not just about building more –– it’s about building smartly and utilizing the space of the city more strategically, Sayin said.
While D.C. has constructed lots of new housing over the years, Sayin noted that they were mostly built in a handful of neighborhoods tailored to middle and upper-class people such as The Wharf. Similarly, building trendy small units to house young professionals moving to the city take up prime real estate from struggling families that have much less geographic mobility, she said.
“The affordability problem is that today’s stock is yesterday’s construction,” Sayin said.
Solving these issues includes ushering in a modern perspective on outdated policies. Sayin cited a D.C. policy that places restrictions on childcare centers built on second floors. Since D.C. parents pay the highest rates in the country for childcare at $47,174 annually, she said loosening unnecessary restrictions could help fuel supply and lower costs for families.
Sayin said policymakers need to consider the economic challenges facing residents today, and whether the incentives and tradeoffs of living in D.C. are valuable enough to keep them in the city.
For Kelly, the incentives and tradeoffs of staying in the DMV area aren’t enough. She’s considered moving back in with her mom a few times given how much she has to work just to get by.
Aside from wanting higher compensation for the work she does –– she noted that businesses can’t operate without employees like her –– Kelly also questioned the value of the tradeoff of moving so close to the city.
“There’s no reason why I’m paying $1,700 for a little studio,” Kelly said. “You also have to pay for parking, utilities aren’t included and a lot of residents have to pay for amenities. We are just giving these property management companies so much money, and we’re not really seeing a whole lot of benefit from it.”
Sayin said placing value on the working people of the city will inject fresh life into D.C.’s economy. Without a valuable tradeoff for living in or around the city, there’s little keeping essential and service employees from staying and doing work taken for granted by policymakers.
District of Columbia
Activist hosts Diwali celebration in D.C.
More than 120 people attended Joshua Patel’s party on Nov. 9.
LGBTQ activist and businessman Joshua Patel hosted a community Diwali party on Nov. 9.
Patel organized the event as a community gathering amid the Trump-Vance administration’s policies against LGBTQ inclusion and DEI. The event, held at the Capo Deli speakeasy, drew more than 120 attendees, including local business leaders.
Patel is a franchise owner of ProMD Health, recently awarded as the best med spa by the Washington Blade. He is also a major gift officer at Lambda Legal.
Patel noted that upon moving from New York to Washington in 2022, he desired a chance for community-based Diwali celebrations. He stated that the city offered minimal chances for gatherings beyond religious institutions, unless one was invited to the White House’s Diwali party.
“With our current administration, that gathering too has ended — where we cannot expect more than Kash Patel and President Trump lighting a ‘diya’ candle on Instagram while simultaneously cutting DEIB funding,” Patel said.
In addition to celebrating the festival of lights and good over evil, Patel saw the event as a moment to showcase “rich, vibrant culture” and “express gratitude.”
Patel coined the celebration a “unifier.”
“From a spiritual angle, Shiva was the world’s first transgender God, taking the form of both “male” and “female” incarnations,” Patel said. “The symbolism of our faith and concepts are universal and allows for all to rejoice in the festivities as much or little as they desire.”
Savor Soiree, DMV Mini Snacks and Capo Deli catered the event. DJ Kush spun music and Elisaz Events decorated the Diwali celebration.
The Diwali party also featured performances by former Miss Maryland Heather Young Schleicher, actor Hariqbal Basi, Patel himself and Salatin Tavakoly and Haseeb Ahsan.
Maryland
Harford school board appeals state’s book ban decision to circuit court
5-2 ruling in response to ‘Flamer’ directive
By KRISTEN GRIFFITH | Marking a historic moment in Maryland’s debate over school library censorship, Harford County’s school board voted Thursday to appeal the state’s unprecedented decision overturning its ban of a young adult graphic novel, pushing the dispute into circuit court.
The 5-2 vote followed a recent ruling from the state board overturning Harford’s ban of the book “Flamer.” In a special meeting Thursday afternoon, board members weighed whether to seek reconsideration or take the matter to circuit court — ultimately opting to appeal.
The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay.
The rest of this article can be found on the Baltimore Banner’s website.
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