News
Va. lesbian couples file lawsuit seeking marriage rights
ACLU, Lambda Legal seek to overturn 2006 constitutional ban
The American Civil Liberties Union and Lambda Legal on Thursday filed a federal lawsuit on behalf of two lesbian couples who are challenging Virginia’s gay nuptials ban and the commonwealth’s refusal to recognize same-sex marriages legally performed in other states.
Joanne Harris and Jessica Duff of Staunton, who have been together for more than nine years and are raising a 4-year-old son, tried to apply for a marriage license in Staunton Circuit Court on July 29. Christy Berghoff and Victoria Kidd of Winchester, who have been together for more than nine years and are raising an 8-month-old daughter, married in D.C. in August 2011.
“I’m an Air Force veteran, and if Virginia would just respect our marriage from D.C., it would ensure that my spouse and family could access all the benefits I’ve earned,” Berghoff, who works for the U.S. Justice Department. “I’ve been with Victoria for almost a decade now; and it hurts to have our home state say we are not married when it recognizes marriages entered into by different-sex couples who may have only recently met.”
The ACLU and Lambda Legal filed the lawsuit against the commonwealth’s same-sex marriage ban that voters approved in 2006 slightly more than a month after the U.S. Supreme Court found a portion of the Defense of Marriage Act unconstitutional and struck down California’s Proposition 8.
A gay couple from Norfolk last month filed a separate federal lawsuit that challenges Virginia’s same-sex marriage ban.
Neighboring Maryland is among the 13 states and D.C. in which same-sex couples can marry. The federal government also recognizes the marriages of gays and lesbians who legally tied the knot, although their ability to receive Social Security and other federal benefits depends upon whether the state in which they live will recognize their unions.
“It seems contrary to the rights and liberties guaranteed to us by our Constitution, that a trip across the Potomac River, an arbitrary geographical line would somehow grant or deny any citizen equal treatment under the law,” said James Parrish, executive director of Equality Virginia.
A Quinnipiac University poll released on July 18 noted 50 percent of Virginians support same-sex marriage. A survey that Public Policy Polling unveiled a week before found 55 percent of commonwealth residents back nuptials for gays and lesbians.
State Sen. Adam Ebbin (D-Alexandria) said in a statement he knows of “too many couples” who have moved out of the commonwealth because of “a lack of protections now offered to our neighbors in the District of Columbia and Maryland.”
“With a total of 13 states and D.C. offering equality to couples, Virginia is at a competitive and economic disadvantage,” Ebbin said. “After all, forward thinking companies of all sizes locate where their diverse workforces will enjoy a high quality of life.”
Tucker Martin, a spokesperson for Gov. Bob McDonnell, who is named as a defendant in the lawsuit filed in U.S. District Court for the Western Division of Virginia in Harrisonburg, defended Virginia’s same-sex marriage ban in a statement to the Washington Blade.
“The voters of Virginia passed a constitutional amendment in 2006 defining marriage in the commonwealth as being only a union of one man and one woman,” Martin said. “It is the law in this state based on the popular will of the voters as expressed at the ballot box.”
Attorney General Ken Cuccinelli’s office declined to comment on the lawsuit, although spokesperson Brian Gottstein referred to a statement he released after the Supreme Court issued its DOMA and Prop 8 rulings.
“Virginia has followed the traditional definition of marriage as being between one man and one woman for more than 400 years,” Cuccinelli said in a June 26 statement on the justices’ rulings. “Virginians voted overwhelmingly to add this traditional definition to their constitution.”
Cuccinelli, who will face off against former Democratic National Committee Chair Terry McAuliffe in the commonwealth’s gubernatorial election, highlighted his opposition to same-sex marriage last month during a debate at the Homestead in Hot Springs. GOP lieutenant gubernatorial candidate E.W. Jackson and Mark Obenshein, who is running to succeed Cuccinelli as attorney general, also oppose nuptials for gays and lesbians.
McAuliffe in February publicly backed same-sex marriage. State Sens. Ralph Northam (D-Norfolk) and Mark Herring (D-Loudoun,) who are running for lieutenant governor and attorney general respectively, also support the issue.
District of Columbia
D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee
Alleged years of verbal harassment, slurs, intimidation
The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.
The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”
Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.
Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.
“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,” the ACLU’s statement says.
“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.
“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.
He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”
The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.
“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.
The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. Michelman said Jones has been on leave from work for a period of time, but he did not know how long. Jones couldn’t immediately be reached for comment.
“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”
Virginia
Spanberger signs bill that paves way for marriage amendment repeal referendum
Proposal passed in two successive General Assembly sessions
Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.
The ballot question that voters will consider on Election Day is below:
Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.
“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.
Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.
District of Columbia
D.C. non-profits find creative ways to aid the unhoused amid funding cuts
City’s poor economic mobility makes it easier to slip into homelessness
Homelessness is unlikely to disappear entirely, but it can be minimized and controlled.
That principle guides Everyone Home Executive Director Karen Cunningham’s approach to homeless support and prevention in D.C.
“There’s always going to be some amount of people who have a crisis,” Cunningham said. “The goal is that if they become homeless, [it’s] rare, brief and non-recurring. And in order for that to be the case, we need to have steady investments in programs that we know work over time.”
Making those investments has proven to be an unprecedented challenge, however. Cunningham said non-profits and other organizations like Everyone Home are grappling with government funding cuts or stalls that threaten the work they do to support D.C.’s homeless population.
Despite a 9% decrease in homelessness from 2024 to 2025, advocates worry that stagnant funding will make that progress hard to sustain. Furthermore, D.C. has the worst unemployment rate in the country at 6.7% as of December. The city’s poor economic mobility makes it easier for people to slip into homelessness and harder to break free of it.
There’s a way forward, Cunningham said, but it’s going to take a lot of perseverance and creative solutions from those willing to stay in the fight.
Fighting through setbacks
Reduced funding from the city government has shifted the way Everyone Home operates.
In D.C.’s fiscal year 2026 budget proposal, homeless services and prevention programs saw stalled growth or financial reductions. Even just a few years ago, Cunningham said Everyone Home received a large influx of vouchers to help people who needed long-term supportive housing. The vouchers allowed the non-profit to break people free of the homeless cycle and secure stable housing.
However, those vouchers are scarce these days. Cunningham said the city is investing less in multi-year programs and more in programs that offer preventative and upfront support.
She said this reality has forced Everyone Home to stop operating its Family Rapid Rehab program, which helps families leave shelters and transition into permanent housing. Current funds couldn’t withstand the size of the program and Cunningham said very few organizations can still afford to run similar programs.
The Family Homelessness Prevention program, however, is thriving and expanding at Everyone Home due to its short-term nature. It provides families with 90-day support services to help them get back on track and secure stable finances and housing.
Everyone Home also offers a drop-in day center, where they provide people with emergency clothing, laundry, and meals, and has a street outreach team to support those who are chronically homeless and offer services to them.
Inconsistencies in financial support have created challenges in providing the necessary resources to those struggling. It’s led non-profits like Everyone Home to get creative with their solutions to ensuring no one has recurring or long spouts of homelessness.
“It’s really a sustained investment in these programs and services that can allow us to chip away, because if you put all these resources in and then take your foot off the gas, there’s always people entering the system,” Cunningham said. “And so we have to always be moving people out into housing.”
Getting people in and out of the homeless system isn’t easy due to D.C.’s struggle with providing accessible and affordable housing, D.C. Policy Center executive director Yesim Sayin said in a Nov. 16 Washington Blade article.
Sayin said that D.C.’s construction tailors to middle or upper class people who live in the city because work brought them there, but it excludes families and D.C. natives who may be on the verge of homelessness and have less geographic mobility.
Building more and building smarter ensures D.C.’s low-income population aren’t left behind and at risk of becoming homeless, Sayin said.
That risk is a common one in D.C. given its low economic mobility. Residents have less room to financially grow given the city’s high cost of living, making vulnerable communities more prone to homelessness.
With funding cuts for long-term programs, preventative programs have proven to be vital in supporting the homeless population. When someone becomes homeless, it can have a snowball effect on their life. They aren’t just losing a house –– they may lose their job, access to reliable transportation and food for their family.
Cunningham said resources like the Family Homelessness Prevention program allows people to grow and stabilize before losing crucial life resources.
“Helping people keep what they have and to try to grow that as much as possible is really important where there aren’t a lot of opportunities…for people to increase their income,” Cunningham said.
Through all the funding cuts and reduced services, D.C.’s homeless support organizations are still finding a path forward –– a path that many residents and families rely on to survive.
Pushing forward
Local non-profits and organizations like Everyone Home are the backbone of homeless support when all other systems fail.
When the White House issued an executive order directing agencies to remove homeless encampments on federal land, Coalition For The Homeless provided ongoing shelter to those impacted.
“We were asked by our funders to open two shelters at the time of the encampment policy announcement,” Lucho Vásquez, executive director of Coalition For The Homeless, said. “We opened the shelters on the same day of the request and have been housing 100 more people who are unhoused each night since August.”
This was achieved even after Coalition faced “severe cuts in funding for supportive and security services,” according to Vásquez. Staff members have taken on additional responsibilities to make up for the loss in security coverage and supportive services with no increase in pay, but Vásquez said they’re still trying to fill gaps left by the cuts.
Coalition offers free transitional housing, single room occupancy units and affordable apartments to people who were unhoused.
Coalition For The Homeless isn’t the only non-profit that’s had to step up its services amid dwindling resources. Thrive D.C. provides hot meals, showers, and winter clothes, which is especially important during the winter months.
Pathways to Housing D.C. offers housing services for people regardless of their situation or condition. Its “Housing First” teams house people directly from the streets, and then evaluate their mental and physical health, employment, addiction status, and education challenges to try to integrate them back into the community.
Covenant House is a homeless shelter for youth ages 18-24. They provide resources and shelter for youth “while empowering young people in their journey to independence and stability,” its website reads. Through its variety of programs, Friendship Place ended or prevented homelessness, found employment and provided life-changing services for more than 5,400 people.
These groups have made a huge local difference with little resources, but Cunningham said there are more ways for people to support those experiencing homelessness if they’re strapped for time or money. Aside from donating and volunteering, she said even simply showing compassion toward people who are struggling can go a long way.
Cunningham said compassion is something that’s been lost in the mainstream, with politicians and news anchors regularly directing hostile rhetoric toward homeless populations. But now more than ever, she said caring and understanding for fellow community members is key to moving forward and lifting those in need up.
“People sometimes feel invisible or that there’s a sense of hostility,” Cunningham said. “I think all of us can at least do that piece of recognizing people’s humanity.”
(This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.)


