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Va. lesbian couples file lawsuit seeking marriage rights

ACLU, Lambda Legal seek to overturn 2006 constitutional ban

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Victoria Kidd, Christy Berghoff, Winchester, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade
Victoria Kidd, Christy Berghoff, Winchester, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Victoria Kidd and Christy Berghoff of Winchester, Va. (Photo courtesy of the ACLU)

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.

Joanne Harris, Jessica Duff, Staunton, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Joanne Harris and Jessica Duff of Staunton, Va. (Photo courtesy of the ACLU)

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United Nations

UN Human Rights Council extends LGBTQ rights expert’s mandate

29 countries voted for resolution

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

The U.N. Human Rights Council on Monday extended the mandate of the United Nations’ independent LGBTQ rights expert for another three years.

The resolution passed with 29 countries (Albania, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Cuba, Cyprus, the Czech Republic, the Dominican Republic, France, Georgia, Germany, Iceland, Japan, Kenya, the Marshall Islands, Mexico, the Netherlands, North Macedonia, South Korea, Romania, South Africa, Spain, Switzerland, Thailand, and Vietnam) voting for it and 15 countries (Algeria, Bangladesh, Burundi, China, Cote d’Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Indonesia, Kuwait, Malawi, Maldives, Morocco, Qatar, and Sudan) voted against it.

Benin, Ghana, and Kyrgyzstan abstained.

The U.S. in February withdrew from the Human Rights Council. The Trump-Pence administration in 2018 pulled the U.S. from it. The U.S. in 2021 regained a seat on the Human Rights Council.

Graeme Reid has been the UN’s independent LGBTQ rights expert since 2023. The South African activist, among other things, previously ran Human Rights Watch’s LGBT Rights Program.

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Maryland

Maryland’s oldest rural gay bar — and one of the last — is a log cabin in the woods

The Lodge is a Boonsboro watering hole resembling a log cabin

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Jimmy Tyner, also known as Nicole James, center wearing blue gown, poses with several drag queens after hosting an annual Christmas celebration at The Lodge in Boonsboro. (Courtesy of Jimmy Tyner)

By SAPNA BANSIL | In the woods of a conservative Western Maryland town of fewer than 4,000 people is an unlikely landmark of state LGBTQ history.

The Lodge, a Boonsboro watering hole that resembles a log cabin, is Maryland’s oldest rural gay bar — one of a few remaining in the country, according to historians.

For about four decades, the Washington County venue has offered safety, escape and community to queer people far from large, liberal cities. Starting Friday night, The Lodge will close out Pride month with one of its biggest parties of the year: a weekend of dancing, drinking and drag in celebration of Frederick Pride, held about 20 miles away in the area’s largest city.

The rest of this article the Baltimore Banner published on June 27 can be read on its website.

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South Africa

Lesbian feminist becomes South African MP

Palomina Jama was sworn in on June 17

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Palomino Jama (Social media photo)

South Africa National Assembly Speaker Thoko Didiza on June 17 swore in lesbian feminist Palomino Jama as a new MP.

Jama joins other LGBTQ legislators — including Public Works and Infrastructure Minister Dean Macpherson; Forestry, Fisheries and the Environment Minister Dion George; and Deputy Women, Youth, and Persons with Disabilities Minister, Steve Letsike.

Jama said she will work hard and excel as MP.

“What a great moment to be alive. Thank you youth of 1976, thank you Simon Nkoli, Phumi Mthetwa, Paddy Nhlaphos, Vanessa Ludwig, and others for what you did for the LGBTI people in the 80s and 90s. Lastly, for the fierce fist of the Jamas to always hit where it matters for the people of this country,” said Letsike.

Embrace Diversity Movement, a local LGBTQ organization, said Jama’s inauguration came at an appropriate time, during Pride month.

“Her swearing-in took place during a month of profound significance in June, which marks both international Pride Month and Youth Month in South Africa,” said the group. “Palomino is a seasoned queer activist and dedicated community builder with a distinguished record of leadership and service.”

“The EDM proudly supports Palomino in her deployment to parliament, her presence meaningfully advances youth and queer representation in public office,” added the Embrace Diversity Movement. “We are confident that she will serve the people of South Africa with integrity, courage, and distinction.”

South Africa is the only African country that constitutionally upholds LGBTQ rights. There are, however, still myriad challenges the LGBTQ community faces on a daily basis that range from physical attacks to online abuse.

Letsike in May faced a barrage of online attacks after she released a scathing statement against popular podcaster Macgyver “MacG” Mukwevho, who during a podcast episode in April insinuated that the reason behind popular socialite Minnie Dlamini’s “unsuccessful” relationships were probably due to the bad odor from her genitals.

Letsike, who viewed MacG’s comments as offensive, called for the podcaster to be summoned before parliament’s Portfolio Committee on Women, Youth, and Persons with Disabilities and criticized the local television station that aired the podcast.

X users and other social media subscribers bombarded Letsike with anti-lesbian comments. She, however, was unphased.

Letsike continues to face anti-lesbian comments, even though MacG apologized and the television station on which his podcast had aired cancelled its contract with him.

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