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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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1 Comment

  1. brian

    August 9, 2013 at 8:27 am

    “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.”
    **************
    Ebbin’s issue is more than on point, as it speaks to a core, pro-business value running throughout the most conservative areas of the commonwealth.

    “Live and let live” is another core value for most Virginians, too.

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Conservatives blame pro-trans policy after assaults in Loudoun schools

‘Gender fluid’ 15-year-old accused of attacking female students

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The Loudoun County, Va., public school system’s recently adopted policy of allowing students to use the bathroom that matches their gender identity has come under fire over the past two weeks by outraged parents and conservative political activists following reports that a 15-year-old “gender fluid” boy allegedly sexually assaulted two girls in different high schools.

The parents of one of the girls released a statement through the Virginia-based Stanley Law Group blaming school officials for failing to put in place safeguards to prevent the boy, who they say was dressed in a skirt, from entering the girl’s bathroom to assault their daughter at Stone Bridge High School in Ashburn, Va., on May 28.

The statement accuses Loudoun County Schools officials and the Loudoun County Board of Education of failing to take steps to prevent the same 15-year-old boy from allegedly sexually assaulting another female student at Broad Run High School, also located in Ashburn, on Oct. 6 in a vacant classroom.

School officials acknowledge that the boy was transferred to the second school after law enforcement authorities released him from a juvenile detention facility following his arrest for the first case, in which the Loudoun County Sheriff’s Office said he was charged with two counts of forceable sodomy against his female victim. 

“The sexual assault on our daughter and the subsequent sexual assault by the same individual were both predictable and preventable,” the parents’ statement says. “Subsequent to the sexual assault on our daughter, Loudoun County Public Schools formalized the policy regarding restroom use that was easily exploitable by a potential sexual assailant,” the statement continues. 

“Because of poor planning and misguided policies, Loudoun Schools failed to institute even minimal safeguards to protect students from sexual assaults,” says the statement.

Loudoun County Schools Superintendent Scott A. Ziegler apologized at an Oct. 15 news conference for what he acknowledged was the school systems’ mishandling of the two sexual assault cases. He noted that school officials should have publicly disclosed the two cases or at least alerted parents at the time they occurred. But he said a federal civil rights law known as Title IX that mandates how schools must respond to cases of sexual harassment appeared to prevent Loudoun school officials from initially disclosing the two cases of sexual assault until they were investigated by law enforcement authorities.

Ziegler said the school system was revamping its disciplinary procedures and its interaction with the Loudoun Sheriff’s Office to ensure that parents and students are alerted to potential danger similar to the cases where the 15-year-old boy allegedly assaulted the two female students.

Meanwhile, school officials and the LGBTQ advocacy group Equality Loudoun have pointed out that law enforcement officials have yet to confirm whether the 15-year-old boy charged in the two cases was actually dressed in women’s clothes during the first incident or whether he is trans or gender fluid.

Equality Loudoun’s president, Cris Candice Tuck, released a statement to the Washington Blade on Oct. 18 that she said was the first official known statement responding to the Loudoun school controversy from an LGBTQ organization.

“In light of the reporting of recent sexual assault allegations, the Board of Directors of Equality Loudoun wishes to extend our deepest sympathies to the victims of these heinous attacks and their families,” the statement says. “Equality Loudoun advocates for due process and justice for the victims regardless of whether the alleged perpetrator was a member of the LGBTQ+ community,” the statement continues. “Such actions have no place in our community, and Equality Loudoun does not condone any form of sexual violence, assault, or harassment,” it says.

“However, the accusations that the alleged perpetrator of these assaults is transgender or genderfluid have so far been unverified,” the Equality Loudoun statement asserts. “Attempts to shift blame of this incident to any individual, group, or policy – other than the alleged perpetrator – does a grave disservice to the victims of these crimes and already marginalized youth in our community.”

The statement adds, “We remind those advocating for change to the laws and policies that the initial assault predated any enactment of Policy 8040 by almost 4 months.”

The Equality Loudoun statement was referring to the fact that the Loudoun County School Board did not vote to approve the school system’s trans nondiscrimination policy until August of this year, more than three months after the first of the two sexual assault incidents occurred. 

The policy, among other things, allows transgender and genderfluid students to use the school bathrooms and locker rooms that match their gender identity. The policy also requires that teachers, school administrators and fellow students address a trans or genderfluid student by their chosen name and pronouns.

“Inadvertent slips in the use of names and pronouns may occur,” the policy states. “However, staff or students who intentionally and persistently refuse to respect a student’s gender identity by using the wrong name and gender pronoun are in violation of this policy,” it states.

The statement says that rumors of a bathroom “pilot” program that predated the official approval of Policy 8040 that would have allowed female trans or genderfluid students to use the girls’ bathrooms “are simply untrue” and were never put in place.

In a separate statement to the Blade, Equality Loudoun’s Cris Candice Tuck challenged claims by some parents and conservative political activists, some of whom are supporting Virginia’s GOP gubernatorial candidate Glenn Youngkin over Democrat Terry McAulliffe, that the trans nondiscrimination policy is placing students at risk for sexual assault.

“The adoption of nondiscrimination policies are in no way endangering students,” Candice Tuck said. “Across the country, sexual assaults have occurred in schools for decades before any transgender inclusive policies were passed,” she said. “And in those counties and states where such protections have passed in recent years, there has been no verified incidence of anyone abusing such policies to commit such attacks in schools.”

Candice Tuck added, “The focus should be on improving systems of reporting, coordination, and investigation, protecting the victims of these attacks, and creating safer school environments by creating modernized areas and bathrooms that increase protection for all students, including LGBTQ+ students who are statistically more likely to be the victim of such a crime.”  

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D.C. rejects request by gyms to lift mask mandate

LGBTQ-owned venues sign letter calling requirement ‘devastating’ for business

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Owners of two LGBTQ-owned D.C. fitness studios and one gym signed on to a joint letter with the owners of six other similar businesses urging D.C. Mayor Muriel Bowser and D.C. Department of Health Director Dr. Laquandra Nesbitt to lift a city mandate requiring patrons of gyms and fitness studios to wear masks. 

The Oct. 4 letter, written by gay businessman Bryan Myers, the CEO and president of a chain of local fitness studios using the trademark name of [solidcore], states that the mask mandate, which applies to people who are fully vaccinated for the coronavirus, is based largely on outdated data pertaining to gyms and fitness studios collected prior to the widespread availability of the COVID vaccine.

“More relevant data to inform decision-making would be to study the data from two, large Northeastern cities that have opted to allow fitness classes to continue with the requirement of vaccination in lieu of a mask requirement,” the letter states. “In both New York City and Philadelphia, which have opted for this approach, we have not seen an increase in the trajectory of the Delta variant,” Myers says in the letter.

In the last week of July, the U.S. Centers for Disease Control and Prevention issued a recommendation that cities and local jurisdictions with 50 new COVID cases per 100,000 residents per week, which at that time included D.C., should ask residents to voluntarily resume wearing masks indoors. That same week, Bowser announced she would go one step further by mandating the indoor use of masks in most public places, including gyms and fitness spas or studios. 

Bowser and Nesbitt said their intention was to take immediate steps to curtail the spread of the coronavirus so that the city would not be forced to return to the full shutdown mode, including the closing of businesses, that the mayor lifted earlier this year.

Maryland Gov. Larry Hogan and Virginia Gov. Ralph Northam announced they would ask residents of their states to consider using masks in crowded indoor spaces as recommended by the CDC, but said they would not require mask use. 

In their letter to Bowser and Nesbitt, the gym and fitness studio owners called on the mayor to provide the same exemption to their businesses as the city has provided for restaurants, bars, and nightclubs, which requires masks except when patrons are eating and drinking. 

“While it is true that bars, restaurants, and clubs technically have to follow the same guidelines, we know that in practice, these venues have been granted exceptions by D.C. Health,” the letter says. “On any given night, you can find hundreds of individuals crowded into a U Street bar, at a Capitol Hill restaurant, or thousands at a performance or party at The Anthem enjoying themselves – singing, dancing and physically exerting themselves, shouting – maskless – so long as they have a drink somewhere nearby,” says the letter.

“And to be unequivocally clear, we are not advocating that there is anything wrong with what is happening in other industries or that there be a change to the management of those industries/venues,” the letter continues. “We are simply advocating that we be treated the same as they are.”

The letter adds, “Finally, but perhaps most importantly, the mask mandate for fitness studios and gyms has resulted in devastating financial impact to these businesses – many of which are small locally owned.”

It says patronage has dropped 50 percent for some of the fitness centers and gyms since the mayor’s mask mandate took effect July 29. It points out that the drop in customers comes at a time when many of these businesses have spent thousands of dollars and in some cases hundreds of thousands to upgrade their ventilation and filtration systems and other structural steps to curtail the spread of the coronavirus.

Myers told the Washington Blade in a statement that neither the Department of Health nor the mayor’s office replied directly to the gym and fitness studios’ letter.

Channel 7 News reported that in response to its request for the city’s reaction to the gym and fitness studios’ concerns, the Department of Health released a statement saying, “D.C. Health’s stance is that persons should wear masks in gyms and during this time [we] do not have plans to change our stance on this guidance.”

In his statement to the Blade, Myers said the D.C. gym and fitness studios were frustrated and disappointed that the city at this time is not open to reconsidering the mask mandate for gyms and fitness studios, many of which he said are barely surviving.

“This mandate is directly affecting the livelihoods of residents of the District, many of whom are women, people of color, and/or LGBTQ+ in a policy that is simply not equitable, and is steering residents away from services that can help improve the overall health of our community,” Myers said.

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Heather Mizeur congressional campaign raises more than $1M

Former Md. delegate challenging Andy Harris

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Heather Mizeur, Delman Coates, Montgomery County, Silver Spring, Maryland, Maryland House of Delegates, Democratic Party, gay news, Washington Blade, momentum
Former Maryland state Del. Heather Mizeur is running for Congress (Washington Blade file photo by Michael Key)

Heather Mizeur has raised more than $1 million in her campaign against anti-LGBTQ Republican Congressman Andy Harris in Maryland’s 1st Congressional District.

“No candidate in #MD01 of either party, incumbent or challenger, has ever hit the $1M milestone this early in the election cycle,” Mizeur tweeted on Oct. 6.

The Victory Fund in an Oct. 8 press release said 80 percent of this $1 million came from Maryland-based donors, “a sign the district is ready for new representation.” And Mizeur continues to outpace Harris, according to campaign finance reports filed with the Federal Election Commission that say she raised $717,445 for the cycle ending June 30, while Harris raised $425,288.

“Andy Harris has taken every opportunity to attack and vilify trans individuals, trying to score political points with his base at the expense of the safety of some of his constituents,” Mizeur told the Washington Blade.

In 2014 Harris made the Human Rights Campaign’s “Hall of Shame” for proactively working “to undermine existing legal protections and promote anti-LGBT discrimination.”

“In contrast, the LGBTQ community knows me for my record,” Mizeur said. “And knows I’ll always lead with compassion and stand up for civil and human rights. I think the 1st District will respond to my message of respect and understanding.”

Mizeur, who now lives on the Eastern Shore with her wife, served on the Takoma Park City Council. Mizeur was a member of the Maryland House of Delegates for eight years.

In 2014, she launched a long-shot, grassroots campaign for governor where she finished a strong third in the Democratic primary, despite being outraised by better-known opponents.

But Mizeur also said she is aware of the challenges her team faces in taking on a well-entrenched Republican in a solidly conservative district.

The Cook Partisan Voter Index in 2017 rated the district as R +14, meaning the previous two presidential election results in the district skewed 14 percentage points more Republican than the national average.

“We have over $760,000 in the bank, and we’ve outraised him during our time in the race,” Mizeur said. “We’re raising the money we need to go toe-to-toe with Andy Harris next year.”

The Baltimore Sun in February reported Harris was “flush with campaign cash” mostly due to a 2010 redistricting that “packed” the area with Republican voters to increase Democrats’ chances in other district races.

“Yes, Andy Harris has over $1 million in the bank, stockpiled over a decade in office,” Mizeur said. “But in the short time I’ve been in the race, we’ve cut significantly into his cash on hand advantage.”

Harris has represented the 1st Congressional District—which includes Maryland’s Eastern Shore and parts of Baltimore, Carroll and Harford Counties—since 2011 and easily fended off most challenges with at least 60 percent of the vote. These challengers include Mia Mason, a transgender military veteran, who ran against him in 2020.

The 2010 redistricting made Harris’ seat safe enough not only to donate nearly a third of his war chest to conservative groups and candidates, such as U.S. Reps. Lauren Boebert (R-Colo.) and Marjorie Taylor Greene (R-Ga.), but to openly court controversy himself.

Harris last year openly defended then-President Trump’s discredited efforts to overturn the 2020 election. And in December he signed onto an amicus brief supporting a failed lawsuit contesting the presidential election results.

This year he downplayed the violence of the Jan. 6 insurrection in which numerous police officers were attacked, members of Congress were threatened, and the U.S. Capitol was vandalized.

Mizeur told the Blade that while Harris’ actions regarding the Jan. 6 insurrection were the catalyst for her challenging his seat, she feels the district is changing and he no longer represents their interests.

“Our supporters know he’s been embarrassing Maryland in Congress for far too long, and that some of his actions have shown he’s completely unfit to serve in public office, regardless of ideological views,” Mizeur said. “They want someone who will bring compassionate leadership and innovative thinking back to the first district. And that’s appealing to people across party lines.”

Maryland’s primary election is June 28, 2022, and its general election follows on Nov. 8.

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