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Groups to challenge Virginia marriage ban

ACLU and Lambda Legal to file federal lawsuit on Thursday

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Ken Cuccinelli, Virginia, gay news, Washington Blade

Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

Virginia Attorney General Ken Cuccinelli opposes same-sex marriage. (Washington Blade file photo by Michael Key)

LGBT advocacy groups on Thursday will unveil a federal lawsuit that challenges Virginiaā€™s same-sex marriage ban.

The American Civil Liberties Union and Lambda Legal will formally announce the lawsuit at two press conferences that are scheduled to take place in Harrisonburg and Richmond. A press release the two organizations released on Wednesday said plaintiff couples will be on hand.

The groups will file their lawsuit two weeks after a gay Norfolk couple challenged the commonwealthā€™s same-sex ban that voters approved in 2006 in federal court.

The ACLU earlier this month filed a separate lawsuit challenging Pennsylvaniaā€™s statutory ban on nuptials for gays and lesbians.

A Public Policy Polling survey conducted between June 26-30 found 55 percent of Virginia residents support marriage rights for same-sex couples. A Quinnipac University poll released earlier this month noted 50 percent of Virginians back nuptials for gays and lesbians.

Former Democratic National Committee Chair Terry McAuliffe, who is running against Attorney General Ken Cuccinelli in the stateā€™s gubernatorial election, in February announced he supports same-sex marriage. McAuliffe said during a debate against his Republican challenger at the Homestead in Hot Springs on July 20 that he would sign a gay nuptials bill into law if one were to reach his desk.

Cuccinelli noted after the U.S. Supreme Court last month found a portion of the Defense of Marriage Act unconstitutional the commonwealth ā€œhas followed the traditional definition of marriage as between one man and one woman for more than 400 years.ā€ He added the justicesā€™ decisions on DOMA and Californiaā€™s Proposition 8 would ā€œhave no effectā€ on the stateā€™s same-sex marriage ban ā€œor to any other Virginia law related to marriage.ā€

Neighboring Maryland is among the 11 states and D.C. in which gays and lesbians can legally marry.

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Virginia

Norfolk transgender resource center vandalized

Anti-trans graffiti spraypainted onto Southeastern Transgender Resource Center’s windows

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Southeastern Transgender Resource Center (Image courtesy of the Southeastern Transgender Resource Center)

The Norfolk Police Department is investigating the vandalism of a transgender resource center’s building.

Tarena Williams, founder of the Southeastern Transgender Resource Center, told WAVY that someone spraypainted anti-trans graffiti on the windows of her organization’s offices on Sunday or Monday morning. Williams told the Hampton Roads television station that seeing the messages was like “walking into hell.”

ā€œI opened up STRC, even the Lamina House,ā€ she told WAVY. ā€œI opened up that to get away from those types of words. This is a place you can come to get away from that, but to see that sprayed over the window. Itā€™s kind of like you are walking into hell. ā€¦ To be honest, I was like in shock.ā€

Authorities are investigating the vandalism.

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West Virginia

Appeals court strikes down W.Va. transgender athlete ban

Ruling finds law violates studentsā€™ constitutional rights, Title IX

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The 4th U.S. Circuit Court of Appeals on April 16, 2024, blocked West Virginiaā€™s ban on transgender athletes, finding the law violates trans studentsā€™ rights under the Equal Protection Clause of the constitution. The ban was challenged by Becky Pepper-Jackson (pictured) a 13-year-old trans student athlete from West Virginia. (Photo courtesy of Billy Wolfe/ACLU)

BY LORI KERSEYĀ | The 4th U.S. Circuit Court of Appeals has struck down West Virginiaā€™s ban on transgender athletes, finding the law violates trans studentsā€™ rights under the Equal Protection Clause of the constitution and Title IX, a federal civil rights law prohibiting discrimination based on sex in education programs.

The case, B.P.J. vs. the West Virginia Board of Education, was filed in May 2021 on behalf of Becky Pepper-Jackson, a 13-year-old trans middle school student and track athlete who would be barred from participating if the ban is upheld. Pepper-Jackson is represented by the American Civil Liberties Union, the American Civil Liberties Union of West Virginia and Lambda Legal.

In April 2021, West Virginia Gov. Jim Justice signed into law a bill prohibiting trans women and girls in the state from participating in sports that align with their gender identity. The U.S. Court of Appeals in February 2023 blocked the state from removing Pepper-Jackson from her schoolā€™s track and field team as legal advocates appealed a lower courtā€™s ruling upholding the ban. 

In Tuesdayā€™s ruling, Judge Toby Heytens wrote that offering Pepper-Jackson the ā€œchoiceā€ between not participating in sports and participating only on boys teams is not a real choice.

ā€œThe defendants cannot expect that B.P.J. will countermand her social transition, her medical treatment, and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy,ā€ the judge wrote. 

ā€œBy participating on boys teams, B.P.J. would be sharing the field with boys who are larger, stronger, and faster than her because of the elevated levels of circulating testosterone she lacks,ā€ he wrote. ā€œThe Act thus exposes B.P.J. to the very harms Title IX is meant to prevent by effectively ā€˜exclud[ing]ā€™ her from ā€˜participation inā€™ all non-coed sports entirely.ā€

In a statement Tuesday, Joshua Block, senior staff attorney for the ACLUā€™s LGBTQ and HIV Project, called the courtā€™s ruling ā€œa tremendous victory for our client, transgender West Virginians and the freedom of all youth to play as who they are.ā€

ā€œIt also continues a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be,ā€ Block wrote. ā€œThis case is fundamentally about the equality of transgender youth in our schools and our communities and weā€™re thankful the 4th Circuit agreed.ā€ 

ā€œWe hope todayā€™s ruling sends a message of hope to the trans youth of West Virginia,ā€ Aubrey Sparks, legal director of the ACLU of West Virginia, said in the statement. ā€œAnd a message of warning to politicians who continue to dehumanize this vulnerable population.ā€

West Virginia is one of 21 states that have banned trans student-athletes over the last three years, according to the ACLU. 

In a statement Tuesday, West Virginia Attorney General Patrick Morrisey vowed to defend the ban and said he is ā€œdeeply disappointedā€ in the decision. 

ā€œThe Save Womenā€™s Sports Act is ā€˜constitutionally permissibleā€™ and the law complies with Title IX,ā€ Morrisey said. ā€œI will keep fighting to safeguard Title IX. We must keep working to protect womenā€™s sports so that womenā€™s safety is secured and girls have a truly fair playing field. We know the law is correct and will use every available tool to defend it.ā€

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Lori Kersey

Lori Kersey is a reporter with a decade of experience reporting in West Virginia. She covers state government for West Virginia Watch.

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The preceding article was previously published by the West Virginia Watch and is republished with permission.

Nonprofit, nonpartisan, independent journalism not hidden behind a paywall. Mountaineers are always free, and so is West Virginia Watch.

West Virginia Watch is part of States Newsroom, the nationā€™s largest state-focused nonprofit news organization.

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District of Columbia

Reenactment of first gay rights picket at White House set for April 17

Event marks 59th anniversary of historic push for gay rights in nationā€™s capital

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Lilli Vincenz was among the original 1965 White House picketers. (Blade file photo by Michael Key)

D.C.ā€™s Rainbow History Project announced it will hold a reenactment on Wednesday, April 17, of the historic first protest for gay rights in the form of a picket line in front of the White House that took place on that same day in 1965.

In a statement released last week, Rainbow History Project says the reenactment will mark the 59th anniversary of an event that is credited with bringing attention for the first time to the federal governmentā€™s longstanding discrimination against a minority group referred to then as homosexuals or gays and lesbians.

The statement notes that the 1965 event was organized by the Mattachine Society of Washington, D.C., the first politically active LGBT organization in the nationā€™s capital founded by local gay rights pioneer Frank Kameny.

ā€œThe picket took place on the White House sidewalk, Lafayette Park, 1600 Pennsylvania Ave., on April 17, 1965,ā€  the statement says. ā€œFor exactly one hour, from 4:20 p.m. to 5:20 p.m., members of the Mattachine Society of Washington walked in a circle, non-stop, in silence, carrying posters of their demands,ā€ the statement continues.

ā€œThe White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride Marches and the annual LGBTQ Pride celebrations which occur across the globe,ā€ according to the statement.

It says those picketing in the April 1965 event, which included Kameny and longtime local D.C.-area lesbian activist Lilli Vincenz, both of whom held doctorate degrees, called on the government to adopt the Mattachine Society of Washingtonā€™s four major demands: an end to the exclusion of homosexuals from federal government employment; an end to the ban on gays and lesbians from serving in the U.S. military; an end to the ā€œblanket denialā€ of security clearances for gay people; and an end to the ā€œgovernment refusal to meet with the LGBTQ community.ā€™

Among those who chose not to respond to the request for a meeting was President Lyndon B. Johnson, who occupied the White House at the time of the 1965 picketing.

Vincent Slatt, the Rainbow History Projectā€™s director of archiving and one of the lead organizers of the April 17 reenactment event, said the event is aimed, among other things, at drawing attention to how far the LGBTQ community has come since 1965. He said the event is not in any way a protest of the administration of President Joe Biden and Vice President Kamala Harris, who Slatt called staunch supporters of the LGBTQ community.

ā€œWe are just reenacting this historical event and pointing out how far weā€™ve come,ā€ Slatt told the Washington Blade. ā€œIf you think about what it means in 1965 when these people were protesting and LBJ would not even respond to them. And now, we are at a place where Vice President Harris speaks on a stage at Capital Pride.ā€

The Rainbow History Project statement notes that the reenactment event will also be held in honor of Kameny, who died in 2011, and Vincenz, who passed away in 2023, both of whom participated in a similar reenactment event in 2008.

Among those who will be participating in this weekā€™s reenactment on April 17 will be longtime local LGBTQ rights activist Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler will be carrying a replica of his own picket sign he held at the 1965 event, the statement says.

It says Rainbow History Project volunteers will also carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.

Similar to the 1965 event, the reenactment picketing at the White House will begin on April 17 at about 4:15 p.m., according to Slatt of the Rainbow History Project.

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