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Virginia marriage lawsuit about ‘equal protection’

Two lesbian couples file suit against commonwealth’s gay 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 two lesbian couples challenging Virginia’s same-sex marriage ban maintain their lawsuit is simply a matter of protecting their families.

“What I’m doing this for is to protect my wife and our daughter,” Christy Berghoff of Winchester, who married her partner of more than nine years, Victoria Kidd, told the Washington Blade. The couple also has a 9-month-old daughter.

Berghoff, an Air Force veteran who works at the U.S. Department of Justice spoke to the Blade a day after the American Civil Liberties Union and Lambda Legal filed a lawsuit on behalf of her and her spouse and Staunton residents Joanne Harris and Jessica Duff in U.S. District Court for the Western Division of Virginia in Harrisonburg on Aug. 1.

Berghoff said she and Kidd paid a lawyer hundreds of dollars to make her spouse their daughter’s co-custodian so she could make some legal decisions for her in Virginia. The couple in 2007 was also unable to secure a spousal loan to refinance their home through a Veterans’ Administration program.

“I have always been a strong advocate for our family and for the idea of equal protection of our family,” Kidd told the Blade while she was at home with her daughter. “We are your everyday family, in every sense of the word.”

Harris and Duff, 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.

Like Kidd, Duff told the Blade that she and Harris have “always been advocates for our family.”

“We know that sharing our story is important to help change hearts and minds,” Duff said. “When we had the opportunity to participate, we wanted to do our part to bring the freedom to marry in Virginia.”

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.

Tony London and Timothy Bostic of Norfolk, who have been together 25 years, last month filed a separate federal lawsuit against Virginia’s gay nuptials ban after they unsuccessfully tried to apply for a marriage license.

Neither they, nor their lawyer, Bob Ruloff, returned the Blade’s requests for comment.

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 tie 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.

“I still have a lot of questions about the protections that I’m not afforded,” Berghoff told the Blade. “I’m here at work in D.C. and I’m married and I go home I’m a single parent.”

LGBT rights advocates across Virginia applauded the lawsuit.

“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.

State Sen. Adam Ebbin (D-Alexandria) said he knows of “too many couples” that have moved out of the commonwealth because of “a lack of protections now offered to our neighbors in the District of Columbia and Maryland.”

“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, defended Virginia’s same-sex marriage ban.

“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 in a statement to the Blade. “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 Virginia’s gubernatorial election in November, 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.

Harris told the Blade she feels there has “always been support for gay couples” in 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.

“History has shown that we evolve and opinions evolve,” Harris said. “Virginians are smart and they are fair-minded people.”

Kidd agreed.

“A lot has changed in Virginia since that amendment went to the ballot box [in 2006,]” she said.

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Virginia

DOJ seeks to join lawsuit against Loudoun County over trans student in locker room

Three male high school students suspended after complaining about classmate

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Loudoun County Public Schools building. (Washington Blade photo by Michael Key)

The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.

The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”

“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”

“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.

Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.

The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.

The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”

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District of Columbia

Capital Pride announces change in date for 2026 D.C. Pride parade and festival

Events related to U.S. 250th anniversary and Trump birthday cited as reasons for change

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A scene from the 2024 Capital Pride Festival. (Washington Blade file photo by Emily Hanna)

The Capital Pride Alliance, the D.C. based group that organizes the city’s annual LGBTQ Pride events, has announced it is changing the dates for the 2026 Capital Pride Parade and Festival from the second weekend in June to the third weekend.  

“For over a decade, Capital Pride has taken place during the second weekend in June, but in 2026, we are shifting our dates in response to the city’s capacity due to major events and preparations for the 250th anniversary of the United States,” according to a Dec. 9 statement released by Capital Pride Alliance.

The statement says the parade will take place on Saturday, June 20, 2026, with the festival and related concert taking place on June 21.

“This change ensures our community can gather safely and without unnecessary barriers,” the statement says. “By moving the celebration, we are protecting our space and preserving Pride as a powerful act of visibility, solidarity, and resistance,” it says.

Ryan Bos, the Capital Pride Alliance CEO and President, told the Washington Blade the change in dates came after the group conferred with D.C. government officials regarding plans for a number of events in the city on the second weekend in June. Among them, he noted, is a planned White House celebration of President Donald Trump’s 80th birthday and other events related to the U.S. 250th anniversary, which are expected to take place from early June through Independence Day on July 4.

The White House has announced plans for a large June 14, 2026 celebration on the White House south lawn of Trump’s 80th birthday that will include a large-scale Ultimate Fighting Championship (UFC) event involving boxing and wrestling competition.  

Bos said the Capital Pride Parade will take place along the same route it has in the past number of years, starting at 14th and T Streets, N.W. and traveling along 14th Street to Pennsylvania Ave., where it will end. He said the festival set for the following day will also take place at its usual location on Pennsylvania Avenue, N.W., between 2nd Street near the U.S. Capitol, to around 7th Street, N.W.

“Our Pride events thrive because of the passion and support of the community,” Capital Pride Board Chair Anna Jinkerson said in the statement. “In 2026, your involvement is more important than ever,” she said.

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District of Columbia

Three women elected leaders of Capital Pride Alliance board

Restructured body includes chair rather than president as top leader

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Capital Pride Alliance announced three women will lead its board. (Washington Blade file photo by Michael Key)

The Capital Pride Alliance, the D.C.-based group that organizes the city’s annual LGBTQ Pride events, announced it has restructured its board of directors and elected for the first time three women to serve as leaders of the board’s Executive Committee.

 “Congratulations to our newly elected Executive Officers, making history as Capital Pride Alliance’s first all-women Board leadership,” the group said in a statement.

 “As we head into 2026 with a bold new leadership structure, we’re proud to welcome Anna Jinkerson as Board Chair, Kim Baker as Board Treasurer, and Taylor Lianne Chandler as Board Secretary,” the statement says.

In a separate statement released on Nov. 20, Capital Pride Alliance says the restructured Board now includes the top leadership posts of Chair, Treasurer, and Secretary, replacing the previous structure of President and Vice President as the top board leaders.

It says an additional update to the leadership structure includes a change in title for longtime Capital Pride official Ryan Bos from executive director to chief executive officer and president.

According to the statement, June Crenshaw, who served as acting deputy director during the time the group organized WorldPride 2025 in D.C., will now continue in that role as permanent deputy director.

The statement provides background information on the three newly elected women Board leaders.

 • Anna Jinkerson (chair), who joined the Capital Pride Alliance board in 2022, previously served as the group’s vice president for operations and acting president. “A seasoned non-profit executive, she currently serves as Assistant to the President and CEO and Chief of Staff at Living Cities, a national member collaborative of leading philanthropic foundations and financial institutions committed to closing income and wealth gaps in the United States and building an economy that works for everyone.”

• Kim Baker (treasurer) is a “biracial Filipino American and queer leader,” a “retired, disabled U.S. Army veteran with more than 20 years of service and extensive experience in finance, security, and risk management.”  She has served on the Capital Pride Board since 2018, “bringing a proven track record of steady, principled leadership and unwavering dedication to the LGBTQ+ community.” 

• Taylor Lianne Chandler (Secretary) is a former sign language interpreter and crisis management consultant. She “takes office as the first intersex and trans-identifying member of the Executive Committee.” She joined the Capital Pride Board in 2019 and previously served as executive producer from 2016 to 2018.

Bos told the Washington Blade in a Dec. 2  interview that the Capital Pride board currently has 12 members, and is in the process of interviewing additional potential board members. 

“In January we will be announcing in another likely press release the full board,” Bos said. “We are finishing the interview process of new board members this month,” he said. “And they will take office to join the board in January.” 

Bos said the organization’s rules set a cap of 25 total board members, but the board, which elects its members, has not yet decided how many additional members it will select and a full 25-member board is not required.

The Nov. 20 Capital Pride statement says the new board executive members will succeed the organization’s previous leadership team, which included Ashley Smith, who served as president for eight years before he resigned earlier this year; Anthony Musa, who served for seven years as vice president of board engagement; Natalie Thompson, who served eight years on the executive committee; and Vince Micone, who served for eight years as vice president of operations.

“I am grateful for the leadership, dedication, and commitment shown by our former executive officers — Ashley, Natalie, Anthony, and Vince — who have been instrumental in CPA’s growth and the exceptional success of WorldPride 2025,” Bos said in the statement.

“I look forward to collaborating with Anna in her new role, as well as Kim and Taylor in theirs, as we take on the important work ahead, prepare for Capital Pride 2026, and expand our platform and voice through Pride365,” Bos said.

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