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
Brian Footer suspends campaign for Ward 1 D.C. Council seat
Race’s third LGBTQ candidate cites family reasons for ‘stepping back’
Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.
“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”
Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.
Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.
At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.
In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.
“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”
Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.
His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.
“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”
Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”
Local
LGBTQ, LGBTQ-friendly congregations to hold holiday services
Bet Mishpachah’s Hanukkah service to take place on Friday
LGBTQ and LGBTQ-friendly congregations in D.C. will hold services and other events throughout the holiday season.
Bet Mishpachah on Friday will hold its Sparks in the Dark Happy Hour at Spark Social on 14th Street from 5:30-7:30 p.m. It’s Chanuka Shabbat Service will begin at the Edlavitch DC Jewish Community Center (1529 16th St., N.W.) at 8 p.m.
Hanukkah began on Sunday and will end on Dec. 22.
Two gunmen on Sunday killed 15 people and injured more than two dozen others when they opened fire at a Hanukkah celebration on Sydney’s Bondi Beach.
Jake Singer-Beilin, Bet Mishpachah’s chief rabbi, in a Facebook post mourned the victims.
“We grieve for the victims and send heartfelt prayers of healing for those who were wounded,” he wrote.
“This Chanuka, our lights will shine brightly in the darkness, but our hearts will be heavy with mourning for those who were murdered on Bondi Beach while observing what should have been a joyous day,” added Singer-Beilin. “We will still celebrate our Festival of Lights and we will commit ourselves to illuminating and repairing our broken world. Let us channel the bravery of the Maccabees who found hope where there seemed to be none, and who fought to create a better future. We must do the same.”
LGBTQ Catholic group to hold annual Christmas Day Mass
Dignity Washington’s Christmas Day Mass will take place at St. Margaret’s Episcopal Church (1820 Connecticut Ave., N.W.) on Dec. 25 from 6-7 p.m. Parishioners can attend in person or watch it online via Facebook.
The Metropolitan Community Church of Washington D.C.’s Christmas Eve service will take place at the church (474 Ridge St., N.W., on Dec. 24 at 6 p.m.
St. Thomas Episcopal Church (1517 18th St., N.W.) in Dupont Circle will hold its Christmas Eve Festival Eucharist from 5-6 p.m. A Christmas Eve dinner will take place in the Parish Hall from 6-8:30 p.m. The church’s Christmas Eve Festival Eucharist will occur on Dec. 25 from 10-11 a.m.
Washington National Cathedral throughout the holiday season has a number of services and events scheduled. These include the virtual Gospel Christmas Service on Dec. 21 from 6-7:30 p.m., the Family Christmas Service on Dec. 23 from 11 a.m. to noon, the Christmas Eve Festival Holy Eucharist on Dec. 24 from 10-11:45 p.m., and the Christmas Day Festival Holy Eucharist on Dec. 25 from 11:15 a.m. to 12:45 p.m.
The Foundry United Methodist Church (1500 16th St., N.W.) in Dupont Circle will hold its Christmas Eve Family Service on Dec. 24 at 4:30 p.m. Its Carols and Candlelight Service will take place at 8 p.m.
Smithsonian Anacostia Community Museum to celebrate Kwanzaa
The Smithsonian Anacostia Community Museum (1901 Fort Place S.E.) in Anacostia will mark the first day of Kwanzaa on Dec. 26 with storytelling and drumming with Mama Ayo and Baba Ras D from noon to 2 p.m. The museum will hold a series of other events through the 6-day celebration of African American culture that ends on Jan. 1.
The Creative Suitland Arts Center (4719 Silver Hill Road) in Suitland, Md., on Friday will hold their Almost Kwanzaa: A Creative Kind of Holiday event from 6-8:30 p.m.
Maryland
Joseline Peña-Melnyk elected Md. House speaker
Family immigrated to New York City from the Dominican Republic
By PAMELA WOOD | Moments after being elected speaker of the Maryland House of Delegates Tuesday, state Del. Joseline Peña-Melnyk stood before the chamber and contemplated her unlikely journey to that moment.
Born in the Dominican Republic, the Peña family lived in a small wooden house with a leaky tin roof and no indoor plumbing. Some days, she said, there was no food to eat.
When she was 8 years old, the family immigrated to New York City, where Peña-Melnyk was dubbed “abogadito” or “little lawyer” for helping her mother and others by translating at social services offices.
The rest of this article can be read on the Baltimore Banner’s website.
