Local
Virginia marriage lawsuit about ‘equal protection’
Two lesbian couples file suit against commonwealth’s gay ban

The two lesbian couples challenging Virginiaās same-sex marriage ban maintain their lawsuit is simply a matter of protecting their families.
āWhat Iām doing this for is to protect my wife and our daughter,ā 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 daughterās 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 Veteransā Administration program.
āI have always been a strong advocate for our family and for the idea of equal protection of our family,ā Kidd told the Blade while she was at home with her daughter. āWe are your everyday family, in every sense of the word.ā
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 āalways been advocates for our family.ā
āWe know that sharing our story is important to help change hearts and minds,ā Duff said. āWhen we had the opportunity to participate, we wanted to do our part to bring the freedom to marry in Virginia.ā
The ACLU and Lambda Legal filed the lawsuit against the commonwealthās 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 Californiaās Proposition 8.
Tony London and Timothy Bostic of Norfolk, who have been together 25 years, last month filed a separate federal lawsuit against Virginiaās gay nuptials ban after they unsuccessfully tried to apply for a marriage license.
Neither they, nor their lawyer, Bob Ruloff, returned the Bladeās 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.
āI still have a lot of questions about the protections that Iām not afforded,ā Berghoff told the Blade. āIām here at work in D.C. and Iām married and I go home Iām a single parent.ā
LGBT rights advocates across Virginia applauded the lawsuit.
āIt 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,ā said James Parrish, executive director of Equality Virginia.
State Sen. Adam Ebbin (D-Alexandria) said he knows of ātoo many couplesā that have moved out of the commonwealth because of āa lack of protections now offered to our neighbors in the District of Columbia and Maryland.ā
āVirginia is at a competitive and economic disadvantage,ā Ebbin said. āAfter all, forward thinking companies of all sizes locate where their diverse workforces will enjoy a high quality of life.ā
Tucker Martin, a spokesperson for Gov. Bob McDonnell, who is named as a defendant in the lawsuit, defended Virginiaās same-sex marriage ban.
āThe 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,ā Martin said in a statement to the Blade. āIt is the law in this state based on the popular will of the voters as expressed at the ballot box.ā
Attorney General Ken Cuccinelliās 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.
āVirginia has followed the traditional definition of marriage as being between one man and one woman for more than 400 years,ā Cuccinelli said in a June 26 statement on the justicesā rulings. āVirginians voted overwhelmingly to add this traditional definition to their constitution.ā
Cuccinelli, who will face off against former Democratic National Committee Chair Terry McAuliffe in Virginiaās 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 āalways been support for gay couplesā 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.
āHistory has shown that we evolve and opinions evolve,ā Harris said. āVirginians are smart and they are fair-minded people.ā
Kidd agreed.
āA lot has changed in Virginia since that amendment went to the ballot box [in 2006,]ā she said.
District of Columbia
Activists, policy makers mark Celebrate Bisexual Day in D.C.
BiPlus Organizing US hosted event at HRC

BiPlus Organizing US on Saturday hosted a Celebrate Bisexual Day event at the Human Rights Campaign.
Fiona Dawson, co-founder of BiPlus Organizing US, and MƩlanie Snail, committee member of the organization, emceed the event. HRC Senior Vice President of Diversity, Equity, Inclusion and Belonging Rebecca Hershey welcomed attendees.
Heyshey discussed her journey as a bisexual, mixed race, Jewish woman. Hershey paraphrased Adrienne Maree Brown, stating āchange is coming, we are creating change.ā
PFLAG Learning and Inclusion Manager Mackenzie Harte gave a presentation on the history of bisexual identities, defined terms surrounding gender and sexuality and went over statistics of discrimination and health disparities that bisexual individuals face.
Harte’s presentation noted 48 percent of bisexual individuals reported an annual income of less than $30,000, compared to 30 percent of gay men, 39 percent of lesbians and 28 percent of all adults in the U.S.
Harte went on to say 28 percent of bisexual students report having attempted suicide; and bisexual people have a higher risk of mood disorders, substance abuse and mental illness than their lesbian, gay, or straight cohorts. Bisexual people of all genders face higher rates of sexual assault than those same peers. One reason for these statistics is isolation: 39 percent of bisexual men and 33 percent of bisexual women report not being out to any health care provider, and only 44 percent of bisexual youth report having an adult they could turn to if they were sad.
Harte also spoke about the Bisexual Manifesto, which the Bay Area Bisexual Network wrote in 1990.
āThe bisexual manifesto very intentionally was not binary,ā Harte said.
They said the text works against the stigma and stereotypes that claim bisexuality is confined to āmale, female.āĀ
Tania Israel, a bisexual advocate and psychology professor at the University of California, Santa Barbara, shared some of her bisexual haikus, which she calls, ābikus.ā
Dawson moderated the next panel.
Panelists included Nicole Holmes, a bisexual advocate and public health professional, National Center for Transgender Equality Communications Director Leroy Thomas and NCTE Policy Counsel Kris Tassone.
The panel talked about how shame and stigma drive the statistics that negatively impact the bisexual community. Another word that came up as a driving force was āintersectionality.ā
Holmes said that when it comes to intersectionality, itās important to not just ālist identities,ā but to look deep into āthe purpose behind why we are talking about intersectional identitiesā in the first place.
Adrian Shanker, senior advisor on LGBTQ+ Health Equity for the U.S. Department of Health and Human Services, spoke about health equity for the bisexual community.
āStriving for health equity remains a core priority. It also remains an unmet dream,ā said Shanker. āQueer people have always had to be our own health advocates.ā While health equity may not be here yet, Shanker says there is much in the works for the LGBTQ community, bisexuals specifically.
Shanker cited a National Cancer Institute funding opportunity that invites research proposals to cancer care for sexual and gender minorities, stating bisexual specific proposals are welcome. The impending potential government shutdown may postpone it.
The Biden-Harris administration is also working to ban so-called conversion therapy at the federal level. Additionally, 988, the national suicide prevention hotline, began a program to offer specialized support for LGBTQ youth and young adults last year.
Shanker said bisexual people should prioritize preventative screenings for skin cancer, oral cancer, lung cancer, regular cervical and anal pap tests, mammograms, prostate exams and colonoscopies.
āIf you have a body part, get it screened,ā said Shanker.
Megan Townsend, senior director of entertainment research and analysis for the GLAAD Media Institute, did a presentation on bisexual representation in the media and opportunities for advancement.
Ā āI want to see bi+/pan colors displayed on the White House,” said Dawson. “I want every national LGBTQIA+ organization to be talking about us, to put our concerns front and center.”
The data presented can be found here.
Delaware
Flight attendants union endorses Sarah McBride
Del. lawmaker would be first transgender member of Congress

Delaware congressional candidate Sarah McBride has earned the support of the Association of Flight Attendants, the nationās most prominent flight attendant union.
Itās the second big labor endorsement for McBride after the United Food and Commercial Workers Local 27ās endorsement. The Association of Flight Attendants praised her for spearheading efforts to bring paid family and medical leave to Delaware, which will take effect in 2026.
āSarahās record in the Delaware Senate shows that she understands how to work collaboratively, build power and make big things happen,ā the unionās president, Sara Nelson, wrote in a press release shared exclusively with the Washington Blade. āThatās the kind of leader we need in Congress, and weāre proud to endorse her candidacy.ā
McBride also announced her support for creating a list of abusive passengers and banning them from flying. Each airline has a list of passengers banned from flying, but airlines donāt share the lists with each other, though Delta Air Lines has asked them, because of ālegal and operational challenges,ā as a representative for the airline industry trade group Airlines of America told a House committee in September 2021.
āRight now, someone can be violent towards a flight attendant or another passenger and walk directly off of that flight and onto one with a different airline to endanger more people,ā an Association of Flight Attendants spokesperson wrote in a statement.
The Protection from Abusive Passengers Act would put the Transportation Security Administration in charge of building the database of passengers fined or convicted of abuse and has bipartisan support but has sat idly in committee since March. It failed to pass last year, and civil rights groups including the American Civil Liberties Union have charged that the list would disproportionately target people of color and strip and a better step to reducing hostility would be making flights more comfortable. Reports of defiant and unruly passengers have more than doubled between 2019, before the COVID-19 pandemic, and 2022.
āI thank the Association of Flight Attendants for endorsing our campaign,ā McBride wrote in the press release. āItās important that we recognize and celebrate the symbiotic relationship between strong, unionized workforces and the continued growth of employers here in our state.ā
The union representing 50,000 flight attendants across 19 airlines is putting pressure on airlines to grant union demands in contract negotiations. At American Airlines, unionized flight attendants voted to authorize a strike ā putting pressure on the airline to accede to its demands. Flight attendants at Alaska Airlines say they are ready to strike but have not voted to authorize one yet. United Airlines flight attendants picketed at 19 airports around the country in August, ratcheting up the pressure.
The unionās endorsement adds to a growing list of McBride endorsements, including 21 Delaware legislators, the United Food and Commercial Workers, the Human Rights Campaign, EMILYās List, and Delaware Stonewall PAC. McBride, who would be the first openly transgender politician in Congress, has powerful connections in Washington ā including with the White House ā and is favored to win Delawareās lone House seat.
A poll commissioned by HRC shows her leading the pack of three candidates vying for the seat ā 44 percent of ālikely Democratic votersā told pollster company Change Research, which works with liberal organizations. The poll of 531 likely Delaware Democratic primary voters, though, was conducted only online ā meaning those with less familiarity or access to the internet may not have been counted ā and Change Researchās methodology for screening likely voters is unclear. The company also did not provide a breakdown of respondents by age, gender, and race, but says it uses an algorithm to make the results representative.
Nelson said McBrideās time in Delawareās state Senate shows her prowess in building power and working collaboratively.
āThatās the kind of leader we need in Congress, and weāre proud to endorse her candidacy,ā she wrote.
Virginia
Lawsuit seeks to force Virginia Beach schools to implement state guidelines for trans, nonbinary students
Va. Department of Education released new regulations in July

Two parents in Virginia Beach have filed a lawsuit that seeks to force the city’s school district to implement the state’s new guidelines for transgender and nonbinary students.
NBC Washington on Friday reported Cooper and Kirk, a D.C.-based law firm, filed the lawsuit in Virginia Beach Circuit Court.
The Virginia Department of Education in July announced the new guidelines for which Republican Gov. Glenn Youngkin asked. Arlington County Public Schools, Fairfax County Public Schools and Prince William County Schools are among the school districts that have refused to implement them.
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