Local
Virginia marriage lawsuit about ‘equal protection’
Two lesbian couples file suit against commonwealth’s gay ban
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.
Virginia
Winsome Earle-Sears launches campaign against Va. marriage equality amendment
Former LG lost to Abigail Spanberger in 2025 gubernatorial race
Less than a year after losing Virginia’s gubernatorial race, former Lt. Gov. Winsome Earle-Sears is campaigning across the state against constitutional amendments that would protect marriage equality and reproductive freedom.
She is launching a statewide “Life and Marriage Tour” ahead of November’s election.
Although same-sex couples can legally marry under the U.S. Supreme Court’s 2015 Obergefell v. Hodges decision, Virginia’s constitution still contains language that defines marriage as between one man and one woman. Supporters say removing the language would protect marriage equality should federal precedent change.
The original ban was written into the state constitution in 2006.
It has been hinted at in the past by Supreme Court Judge Clarence Thomas that he would consider revisiting Obergefell v. Hodges regarding contraception and marriage rights for same-sex couples. He stated this in his concurring opinion regarding the Dobbs v. Jackson ruling, which allows for state-level abortion bans.
Equality Virginia Executive Director Narissa Rahaman said removing the ban would bring the state’s constitution in line with existing law.
“20 years after banning marriage equality, it’s time for our commonwealth to fully complete our evolution — and finish the job on protecting marriage equality for all,” Rahaman said.
In an email to supporters, Earle-Sears said these amendments “raise serious concerns” and could alter principles about which Virginians care.
“That is why our efforts are focused not only on informing voters, but also encouraging them to carefully consider these proposals and vote NO on both amendments,” Earle-Sears said.
Virginia voters will consider three constitutional amendments this November.
Earle-Sears is campaigning for voters to reject two of them: the Virginia Remove Constitutional Same-Sex Marriage Ban Amendment and the Right to Reproductive Freedom Amendment.
A “Yes” vote on the Same-Sex Marriage Ban Amendment would include removing a provision that states marriage is between one man and one woman and prohibitng the state from denying a marriage license to two adults based on their sex, gender, or race, according to the Virginia Department of Elections.
In 2025, during debates against now Gov. Abigail Spanberger, Earle-Sears argued it is not discrimination to think that gay people should not be allowed to marry. She claims it conflicts with her faith.
According to ABC 8, in 2024 she wrote that she had a “moral opposition” to marriage equality, after former Gov. Glenn Youngkin, a Republican, signed a marriage equality bill that barred denying marriage licenses based on sex, gender, or race.
According to the Virginia Department of Elections, a “Yes” vote on the Reproductive Freedom amendment supports adding a section to the state constitution that would give Virginians the right to make and carry out decisions regarding reproductive healthcare, except in specific exemptions.
The Virginia Department of Elections wrote that if accepted, the amendment would allow the state government to pass laws to regulate abortion care in the third trimester of pregnancy, but require abortion care when it is medically needed to protect the life and health of the pregnant person or because the fetus is not viable.
During the 2025 election cycle, Earle-Sears was clear on her anti-abortion stance.
According to the Virginia Independent, she utilized campaign funds to donate to the Family Foundation of Virginia. The group is a faith-based, anti-abortion, and anti-in vitro fertilization non-profit.
The “Life and Marriage Tour” will include traveling throughout Virginia to speak with citizens, churches, community organizations, and local leaders. The exact locations have yet to be announced.
District of Columbia
D.C. Council approves increased funding for Mayor’s Office of LGBTQ Affairs
Increase attached to 2027 budget bill
The D.C. Council on July 14 gave final approval for the city’s fiscal year 2027 budget that includes an amendment calling for increasing the number and size of funding grants that the Mayor’s Office of LGBTQ Affairs provides for local organizations providing services for the LGBTQ community.
The amendment, called the “LGBTQ Community Grant Amendment Act of 2026,” was introduced earlier this year by D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member.
The D.C. LGBTQ Budget Coalition called the Parker amendment “a historic measure that establishes the District’s most sustainable model for a vehicle for investing in LGBTQ communities.”
The Council approved the version of the FY 2027 budget bill with the attached Parker amendment in its first of two required votes on June 9. Shortly after voting unanimously to give final approval of an earlier version of the two-part budget measure on July 7 that includes the Parker amendment, the Council sent the bill to Mayor Muriel Bowser for her signature.
Bowser has expressed strong opposition to several provisions in the $22 billion budget measure passed by the Council that are unrelated to the Parker amendment regarding the Office of LGBTQ Affairs. The mayor has yet to say whether she will sign, veto, or choose not to sign the bill.
The latter option would allow the bill to become law if Congress does not choose to overturn it during its required 30-day legislative review period for all D.C. bills. Political observers believe the Council will vote to override a veto if Bowser chooses to veto the bill.
When contacted by the Washington Blade on July 22 to determine where the mayor stands on the budget bill, mayoral spokesperson Daniel Gleick said only, there was “no update on the budget just yet.”
Among other things, the Parker amendment calls for the Mayor’s Office of LGBTQ Affairs to issue a $980,000 grant in FY 2027 to a private, nonprofit organization in partnership with the office “for the purpose of supporting programs that promote the welfare of the lesbian, gay, bisexual, transgender, and questioning community.”
It would allocate $680,000 of that funding total from existing funds from the city’s community affairs grants program and calls for $200,000 in newly appropriated funds.
It says the organization selected would also initiate its own fundraising effort to expand the amount of funds beyond the amount the office would provide, enabling it to provide larger grants to a greater number of local LGBTQ organizations.
“The legislation arrives at a critical moment, as LGBTQ-serving organizations face unprecedented uncertainty,” the D.C. Budget Coalition said in its comment on the Parker amendment. “Growing demand for services is colliding with shrinking resources, federal attacks on LGBTQ programs, and ongoing threats to local funding streams,” the coalition’s statement says.
In what some observers have called a highly controversial action; the budget bill approved by the Council reverses and restores millions of dollars in budget cuts proposed by Bowser in the budget she submitted to the Council earlier this year.
Among other things, the Council’s budget preserves the current level of funding for housing vouchers, childcare, paid family leave, and other programs slated to be cut in the mayor’s proposed budget, according to a report by the Washington Post.
Bowser points out that the Council approved budget bill calls for using $150 million from the city’s reserve fund, which she and others have said could put the city in jeopardy in future years. The mayor has said the cuts were needed to prevent a major funding shortfall brought about by the action by Republicans in Congress to cut the city’s budget by over a billion dollars.
Rehoboth Beach
Craig Thier says experience, civility are key to Rehoboth’s future
Mayoral candidate cites finance background as key strength
(Editor’s note: This is the third installment in a three-part series profiling the candidates for mayor of Rehoboth Beach, Del.: Commissioners Suzanne Goode, Susan Stewart, and Craig Thier; a fourth candidate, William Raak, filed to join the race but has not responded to multiple Blade inquiries. Visit washingtonblade.com for previous installments.)
Rehoboth Beach City Commissioner Craig Thier says his experience in public service and finance has prepared him to lead the city as residents elect a new mayor on Aug. 8.
Thier, who has owned property in Rehoboth Beach since 2002 and has lived there full time for a little more than five years, said he first sought public office after becoming concerned about the city’s financial planning.
“A couple of years ago, when I decided to run, the city raised taxes and fees across the board unnecessarily. They had a broken budgeting process,” said Thier.
Elected as a city commissioner in August 2024, Thier draws on a background in corporate finance and consulting, He said he could improve the city’s budgeting practices.
“I felt that I could bring that experience in and help the city improve that broken budgeting process,” he said.
Thier said one of his accomplishments as commissioner has been helping transition the city from annual budgeting to long-term financial planning.
“Within the first year, I worked with the city administration to transition us from an annual budgeting process that was really broken to a multi-year planning process,” he said.
If elected mayor, Thier said his first priority would be improving relationships among members of the Board of Commissioners.
“First would be just civility. There is a lot of infighting among some of the commissioners,” said Thier.
He says that he wants to focus on “getting people to work together so that we can get back to the business of the city.”
Thier said disagreements are inevitable but believes they should be handled more respectfully.
“We have to return to civility. People need to respect each other, people need to respect the right of other individuals to express their thoughts and opinions,” he said.
“That lack of civility absolutely has impacted our ability to get the business of the city done.”
He also said meetings should remain focused on the agenda even when commissioners disagree.
“Everyone’s got to tone things down a little bit,” Thier said. “Just because we may not agree with someone’s position doesn’t mean that that position isn’t valid.”
He added that after discussions conclude, commissioners should be willing to accept the outcome.
“People need to be prepared to move on if they don’t have the support,” he said.
Thier pointed to his previous elected experience as another qualification for the mayor’s office.
“I spent 12 years on a school board, five years as president, and I’m finishing up my second year here [as commissioner]. I believe that I have far more experience than anyone else.”
“I’ve been able to accomplish things because of my experience, and I’ve been doing this a long time,” he added.
Thier also said maintaining Rehoboth Beach’s perfect score on the Human Rights Campaign’s Municipal Equality Index would remain a priority if he is elected.
“It is absolutely a priority for the city,” he said.
“I think it’s one of the great things about the city of Rehoboth Beach is the diversity that’s there, and that we’ve been a very welcoming community.”
Thier credited city staff for helping achieve the city’s perfect score and said he would continue working with LGBTQ+ organizations, including CAMP Rehoboth.
“I have relationships with these organizations. I would continue to foster these relationships,” he said. “It’s critical that we’re doing the things to maintain this perfect score.”
Thier also expressed support for the city’s partnership with Clear Space Theatre Company as it works toward constructing a permanent performing arts venue downtown.
“Clear Space has been part of the community for more than 20 years. I think they’re an important part of the community.”
He said the theater contributes to Rehoboth’s identity as a tourist destination.
“The tourists come to Rehoboth for the whole package: the beach, the boardwalk, our restaurants, our retailers, Clear Space. They’re an important part of that whole package.”
The election will take place on Aug. 8 from 10 a.m.-6 p.m. at the Rehoboth Beach Convention Center.
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