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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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District of Columbia

Comings & Goings

SMYAL names new program, development leaders

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From left, Carla Lester and Tad Czyzewski

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Carla Lester, LICSW on her new position as Chief Program Officer with SMYAL. Upon accepting the position she said, “SMYAL deeply aligns with my passion for honoring, protecting, and upholding the rights of all individuals, particularly LGBTQ+ youth and others who have been historically underserved, to belong to communities that affirm their identities, treat them with dignity and respect, and support their well-being. At this point in my career, I was ready to transition to an organization whose mission more closely reflected my values and was rooted in the community. SMYAL offered the opportunity to serve both an organization and a population whose mission not only resonates deeply with me but also intersects with my own multiple identities.”

Lester is a healthcare and human services executive with more than 20 years of experience in behavioral health, federal and state health insurance programs, housing, health care, education, and community-based services. She has held senior roles at Carelon Behavioral Health, Pathways to Housing and N Street Village, leading clinical programs, Housing First initiatives, homeless outreach, trauma-informed services, and integrated case management.

She earned master’s degrees in Social Work and Divinity, and maintains active clinical social work licenses in D.C. and Maryland.

Congratulations also to Tad Czyzewski on his new position as Chief Development Officer at SMYAL. On accepting the position, he said, “While I’ve spent much of my nonprofit career in the arts, the current social and political environments made me want to apply my skills and passion more directly toward supporting and strengthening our community. SMYAL and this role felt like the right place to do that.”

Czyzewski brings more than two decades of experience in nonprofit leadership and strategy, fundraising, and business development. Prior to joining SMYAL, he served for eight years as executive director of The Choral Arts Society of Washington, where he led fundraising, financial management, and community engagement. During his tenure, he helped raise more than $15 million in contributed revenue. He guided the organization through a major rebrand and the COVID-19 pandemic. 

Prior to that Czyzewski served as Business and Development Director for Washington Revels, and held leadership and advisory roles with Chorus America, the DC Commission on the Arts and Humanities, and the National Endowment for the Arts. He began his career in the corporate sector, including at Capital One, where his work in product development and marketing contributed to new financial products and more than $2 billion in deposits. 

Czyzewski is a lifelong musician, has performed professionally as a classical singer, including with the Washington National Opera and the National Symphony Orchestra. 

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District of Columbia

Gay ANC commissioner sues D.C. over police ‘failure’ to pay reward money

Lawsuit says information led to conviction in murder, armed robbery cases

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D.C. Advisory Neighborhood Commissioner Tom Donohue (Washington Blade photo by Lou Chibbaro, Jr.)

Gay D.C. Advisory Neighborhood Commissioner Tom Donohue on Aug. 11 filed a lawsuit in D.C. Superior Court charging that D.C. police acted improperly and violated a local law by not paying him $30,000 in reward money for his role in helping police identify and arrest — and obtain the subsequent conviction — of one man charged with murder and another man charged with armed robbery in separate cases.

Although the lawsuit alleges improper action by D.C. police in carrying out the city’s Crime Solvers reward program, it names as defendants the District of Columbia and the Office of the Attorney General for D.C., which, among other things, defends the city against lawsuits.

Donohue, who is a member of the city’s ANC Rainbow Caucus consisting of LGBTQ elected ANC members, held a news conference outside the D.C. Superior Court building on Aug. 11 to talk about the lawsuit before entering the courthouse to officially file it.

The lawsuit states that Donohue “provided key video evidence that led to the arrest and conviction” of a man initially charged with first degree murder for allegedly running over a bicyclist with his car after the two got into an argument.

The lawsuit states that police had offered a $25,000 reward for information leading to the arrest and conviction of the defendant in that case, but police “arbitrarily slashed the payment to $5,000 without prior notice or policy justification.”

Court records show that D.C. resident Eric Beasley was charged with first degree murder for killing David Farewell, 45, by hitting him with his car on Sept. 4, 2020, on the 2100 block of Young Street, S.E. The records show the evidence for the case was based in large part on video camera footage of the incident obtained by police. Donohoe has said he provided that video camera evidence.

The records show that during Beasley’s October 2023 trial a jury was unable to reach the required unanimous verdict, and the judge declared a mistrial.

According to the records, Beasley later agreed to an offer by prosecutors to plead guilty to a lesser charge of involuntary manslaughter and was sentenced in September 2024 to eight years in prison, a development that angered the victim’s family members who called it a “slap on the wrist,” according to a Fox 5 News report.

Donohue’s lawsuit says the second case in which he provided police with pivotal information involved a series of armed robberies known as the Fairlawn Serial Armed Robbery Spree that occurred in the Fairlawn neighborhood in Southeast D.C. in 2023 near where Donohue lives.   

The lawsuit says evidence consisting of video surveillance footage provided by Donohue to police enabled police to determine they initially wrongfully arrested an 18-year-old male for the robberies. “Using Plaintiff’s security video, MPD identified, arrested, and convicted the actual robber, David Crocker, who was sentenced to 18 years in federal prison,” the lawsuit states.

It says one of the detectives investigating the case recommended a $10,000 reward for Donohue’s help in the case based on the police Crime Solvers reward program. The detective’s recommendation was approved by then-Assistant D.C. Police Chief Kyle Ramey on Aug. 4, 2025, according to the lawsuit. 

But it adds, “Nevertheless, MPD improperly withheld payment.” 

When contacted by the Washington Blade for comment on Donohue’s lawsuit allegations, a D.C. police spokesperson said “MPD does not comment on pending or ongoing litigation.” 

Gabriel Shoglow-Rubenstein, who serves as press secretary for the D.C. Office of the Attorney General, which will be defending the city against the Donohue lawsuit, said he would look into obtaining a possible comment but said the office has a similar longstanding policy of not commenting on pending litigation.

“This action arises from the District of Columbia Metropolitan Police Department’s arbitrary, bad-faith, and legally unsupportable failure to honor its public reward promises and administrative obligations to Plaintiff,” the lawsuit states.

It says the MPD violated the city’s Freedom of Information Act or FOIA law by not responding to Donohue’s request for information and documents related to the decision not to pay him the full reward money.

“MPD’s reduction of Plaintiff’s homicide reward from $25,000 to $5,000, and its withholding of his approved $10,00 robbery reward, were undertaken completely devoid of written standards, making such decisions inherently arbitrary, capricious, and an abuse of administrative discretion,” it says.

It calls for Donohue to be awarded $30,000 in compensatory damages consisting of the $20,000 “unpaid balance” for the homicide case reward and $10,000 for the robbery case reward. It also calls for reimbursement for “reasonable” litigation costs and attorney’s fees. Donohue told the Washington Blade that at this time he is representing himself without an attorney.

Donohue told the Blade that the refusal by D.C. police to pay him the full reward money also limited his plans to donate some of that money to the family of murder victim David Farewell to help pay for a burial stone. He said that due to the family’s limited resources Farewell is buried in an unmarked grave

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Delaware

New LGBTQ visitor center slated for Wilmington, Del.

The Collective to feature gift shop, queer museum, more

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Members of the Gay and Lesbian Alliance of Delaware (GLAD) at the Griffin Community Center in Wilmington, Del. (Photo from Collection of Delaware Queer History, courtesy of Ivo Dominguez Jr.)

During Pride month this year, the Delaware Sexuality and Gender Collective (DSGC) announced plans for The Collective, which will become Delaware’s first LGBTQIA+ visitor center and Wilmington’s first dedicated LGBTQIA+ space in nearly 40 years.

“We’ve been talking about the concept of a brick-and-mortar space for a long time,” said Noah Duckett, co-founder of DSGC.

A licensed clinical social worker, Duckett co-founded DSGC with his mother, Julissa Coriano, in 2018. DSGC is an independent nonprofit organization that provides vital clinical and educational support, social programming and direct-need support to the LGBTQIA+ community. 

Some of the programs DSGC offers include a free clothing closet for the trans community, meal support for people recovering from gender-affirming surgery, connections to pro bono legal services, a biannual Pride Market featuring over 100 LGBTQIA+-owned small businesses, and more. 

“Our vision for The Collective is a place where our community can come to learn, create, work and be inspired,” said Coriano.

The Collective will feature a visitor center and gift shop highlighting LGBTQIA+-owned businesses in Delaware.

“I think that this is something that’s going to benefit our community so much,” said Duckett.

Some of the LGBTQIA+-owned businesses that DSGC has already partnered with include Stress Induced Art Attack, Moonbeam Art Collaborative, Voce Coffee, Groovy Gemini Co., Scout Cafe, Macaron Social and Huxley and Hiro.

“Specifically in Wilmington, we haven’t had an LGBTQIA+-dedicated space in almost 40 years,” said Duckett.

The Griffin Community Center, which operated from 1986 to 1990, was Delaware’s first LGBTQ+ community center. The Griffin was founded by Ivo Dominguez Jr. and James C. Welch and provided a range of community services during the height of the HIV/AIDS crisis, including AIDS hotlines, organizational offices and meeting space. The center ultimately closed because of a lack of financial support.

Duckett said DSGC hopes The Collective will carry on The Griffin’s legacy while building a sustainable space for the LGBTQIA+ community.

“I think now more than ever, there’s more and more spaces closing their doors. More and more spaces are losing funding, seeing reduced funding and reduced access, especially LGBTQ+ organizations and communities,” said Duckett.

The Collective will also feature Delaware’s first LGBTQ+ history museum, curated by LGBTQ+ historian Carolanne Deal.

“We don’t have any permanent displays in the state about Delaware’s queer history, and we want people to be able to access that history any day of the year, not just during Pride Month,” said Deal.

With a master’s degree in art history for museum professionals, Deal has more than seven years of experience in curatorial work and hands-on collections care.

“It’s mainly going to be a graphic display with photographs, articles and accessible text that draws people in and creates a story for the community,” said Deal.

Although the museum will not initially have an object collection, Deal said she hopes to add physical archival pieces in the future.

“Delaware has been at the forefront of a lot of queer civil rights, and it’ll be really amazing to have that enshrined in a permanent display that’s not only up for Pride Month,” said Deal.

Duckett said DSGC is currently raising funds with the goal of beginning construction this summer and opening by the end of the year. 

Duckett told the Blade that fundraising efforts have reached just under $29,000 and that the organization is awaiting several major donations from community partner organizations.

However, he said DSGC continues to be denied many grants tied to federal or state funding because of restrictions on those funds being used for LGBTQ+-serving organizations.

“Private and corporate donations are absolutely vital,” said Duckett.

Anyone interested in supporting the construction and renovation of The Collective can donate online or contact [email protected] for more information.ose funds being used for LGBTQ-serving organizations.

“Private and corporate donations are absolutely vital,” said Duckett.

Anyone interested in supporting the construction of The Collective can donate online or contact [email protected] for more information.

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