Local
Supreme Court denies Cuccinelli appeal of Va. sodomy law ruling
Action upholds lower court ruling striking down law
The high court declined to hear a case brought by Virginia Attorney General Ken Cuccinelli related to the commonwealth’s sodomy law. (Washington Blade file photo by Michael Key)
The U.S. Supreme Court on Monday denied a petition by Virginia Attorney General Ken Cuccinelli seeking to appeal a lower court ruling declaring the state’s Crimes Against Nature or sodomy law unconstitutional.
By refusing to hear the case, the high court allowed a decision in March striking down the law by the Fourth Circuit U.S. Court of Appeals in Richmond to stand, ending efforts by Cuccinelli and other officials to get the state’s ban on oral and anal sex between consenting adults reinstated.
“Under any circumstances this is definitely a victory and it’s a good one,” said Claire Gastanaga, executive director of the ACLU of Virginia. “It puts to rest this idea that somehow you can have a statute that’s found unconstitutional but you can still be prosecuted under it.”
Gastanaga was referring to the Supreme Court’s landmark 2003 decision of Lawrence v. Texas that overturned state sodomy laws. A three-judge panel of the Fourth Circuit Court of Appeals cited the Lawrence decision as the basis for its decision in March to overturn Virginia’s Crimes Against Nature statute, saying it could no longer be enforced under any circumstances.
Cuccinelli has contended that the Lawrence decision doesn’t apply to cases involving sex between adults and minors. As a candidate for governor, Cuccinelli launched a special campaign website earlier this year claiming removal of the sodomy law would prevent law enforcement officials from prosecuting “child predators.”
LGBT rights attorneys have disputed that claim, saying existing state laws enable police and prosecutors to arrest and prosecute anyone who sexually abuses a minor.
The Fourth Circuit appeals court decision struck down a felony conviction by a judge in the city of Colonial Heights, Va., of a 47-year-old man for soliciting oral sex from a 17-year-old woman. Although no sex took place, the defendant, William Scott MacDonald, had been charged with soliciting someone to commit a sexual act that his attorneys argued was no longer illegal under the Lawrence decision.
In its 2-1 ruling, the appeals court panel declared that the Lawrence decision invalidated the Virginia Crimes Against Nature law as “facially” unconstitutional, preventing it from being enforced, even in cases of consensual sodomy between an adult and a minor if the minor is between the ages of 15 and 18. The judges noted that the age of sexual consent in Virginia is 15.
Cuccinelli’s office issued a statement on Monday saying the elimination of the sodomy law “puts tools prosecutors need to protect children in jeopardy.”
According to the statement, Cuccinelli’s efforts to keep the law on the books “was never about sexual orientation or private acts between consenting adults” but instead was about enabling law enforcement officials to “prosecute child predators.”
Attorneys familiar with the case — including prosecutors in Arlington and Alexandria — have said existing state laws give law enforcement officials the ability to prosecute all cases of forcible or coerced sex between an adult and a minor as a felony. They say that heterosexual intercourse between a minor within the age range of 15 through 17 and an adult can still be prosecuted as a misdemeanor. But with the elimination of the state sodomy law, consenting oral or anal sex among minors — gay or straight — between age 15 and 17 and an adult is fully legal and can’t be prosecuted until or unless the legislature changes the law.
Gastanaga and others familiar with Cuccinelli’s concerns have called on the Virginia General Assembly to revise the existing laws addressing the age of consent or sex with minors in a way that doesn’t violate the Constitution as spelled out in the Lawrence decision.
“That means you’ve got to do the hard work of getting together with the Commonwealth’s Attorneys and public defenders and other criminal defense lawyers and legislators and people like us and try to work out something that does address what you want to address, which is sexual activity that is not constitutionally protected,” Gastanaga said.
James Parrish, executive director of the statewide LGBT group Equality Virginia, said his organization would not oppose legislation that reforms existing laws to address potential problems resulting from the striking down of the sodomy law.
“This is something the Supreme Court decided now more than 10 years ago,” Parrish said. “We understand that the attorney general and others have some concerns of how the sodomy law was intertwined with other laws. They have had 10 years to make those laws more clear and we would hope they would work with the General Assembly to address these concerns” in a way that doesn’t violate the Lawrence decision’s protections pertaining to consenting adults, he said.
Although Cuccinelli criticized his Democratic opponent, businessman Terry McAuliffe, for expressing support for overturning the Virginia sodomy law, McAuliffe was leading Cuccinelli by a 42 to 37 percent margin in one of the most recent public opinion polls conducted by Virginia’s Hampton University.
Josh Schwerin, McAuliffe’s press secretary, said Cuccinelli demonstrated “an extreme agenda and uncompromising approach” by refusing in the past to support legislation to update Virginia’s laws to conform to the Supreme Court ruling on sodomy.
“Everyone supports strong laws to protect children and, like most Virginians, Terry believes our law should be updated to both conform with court rulings and allow prosecution of predators,” Schwerin said. “As he admitted as recently as 2009, Ken Cuccinelli is one of the only elected officials in America who believes that being gay should result in criminal prosecution and jail time,” he said.
Under the Supreme Court’s rules, at least four of the court’s nine justices must vote to hear a case in order for the court to consider a case on its merits. The court never discloses how individual justices vote or what the vote count was when it decides whether or not to take a case.
However, in August Supreme Court Chief Justice John Roberts issued a ruling denying a separate petition by Cuccinelli asking the court to put a stay on the Fourth Circuit Court of Appeals ruling striking down the Virginia sodomy law until the Supreme Court decided whether or not to take the case. Roberts did not issue an explanation for denying Cuccinelli’s request for a stay.
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
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.”
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
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.
District of Columbia
Three women elected leaders of Capital Pride Alliance board
Restructured body includes chair rather than president as top leader
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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