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Virginia lawmakers seek to repeal same-sex marriage ban

Bill would prompt 2016 referendum on state constitutional amendment

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Adam Ebbin, Alexandria, Virginia, Senate, Democratic Party, gay news, Washington Blade
Adam Ebbin, Alexandria, Virginia, Senate, Democratic Party, gay news, Washington Blade

Virginia Sen. Adam Ebbin (D-Alexandria (Washington Blade file photo by Michael K. Lavers)

Two Virginia lawmakers on Monday introduced bills that seek to repeal a state constitutional amendment that bans same-sex marriage.

Gay state Sen. Adam Ebbin (D-Alexandria) and state Del. Joseph Morrissey (D-Henrico) introduced identical bills in their respective legislative chambers.

Virginia voters in 2006 approved the so-called Marshall-Newman Amendment by a 57-43 percent margin.

A referendum on whether to repeal the amendment would take place in November 2016 only if members of the General Assembly approve Ebbin and Morrissey’s bills during the 2014 and 2016 legislative sessions. A Virginia House of Delegate subcommittee in January killed a proposal that state Del. Scott Surovell (D-Fairfax) introduced seeking to repeal the commonwealth’s gay nuptials ban.

Surovell is expected to co-sponsor Morrissey’s measure.

“Change is coming across the country and eventually we’ll have marriage equality in Virginia,” Ebbin told the Washington Blade on Tuesday. “The road to marriage equality in Virginia might not be a short one, but we’ve got to make sure we’re on our way.”

Neighboring Maryland is among the 16 states and D.C. in which same-sex couples can legally marry.

Governor-elect Terry McAuliffe earlier this year publicly backed nuptials for gays and lesbians.

He said during a September gubernatorial debate against Republican Attorney General Ken Cuccinelli that he would sign a gay nuptials measure if one were to reach his desk, even though it remains highly unlikely the GOP-controlled General Assembly would approve such a bill.

Timothy Bostic and Tony London of Norfolk filed a federal lawsuit that seeks to overturn Virginia’s same-sex marriage ban a few weeks after the U.S. Supreme Court found a portion of the Defense of Marriage Act unconstitutional and issued a ruling striking down California’s Proposition 8. Carol Schall and Mary Townley of Richmond joined the case in September as attorneys Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court, took up the case.

The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia in August filed a class action federal lawsuit on behalf of two lesbian couples who are seeking marriage rights in the commonwealth.

Joanne Harris and Jessica Duff of Staunton tried to apply for a marriage license in Staunton Circuit Court on July 29. Christy Berghoff and Victoria Kidd of Winchester joined the case because Virginia refuses to recognize their D.C. marriage.

U.S. District Judge Michael Urbanski of the U.S. District Court for the Western District of Virginia in Harrisonburg on Oct. 29 heard arguments on whether the ACLU and Lambda Legal case should become a class action lawsuit. He also considered motions to dismiss Gov. Bob McDonnell and Staunton Circuit Court Clerk Thomas E. Roberts as defendants.

A poll that Greenberg Quinlan Research and Target Point Consulting conducted on behalf of the Human Rights Campaign in late June found 55 percent of Virginians back marriage rights for same-sex couples.

Ebbin told the Blade that marriage rights for same-sex couples in Virginia needs to be discussed “in every venue.”

“The U.S. Supreme Court has set the country on a path towards equality and we just can’t stand by,” he said. “I have a responsibility as a legislator to do all I can to move this forward.”

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3 Comments

3 Comments

  1. Jason Haley

    November 19, 2013 at 8:48 pm

    How the heck can I respect the state of Virginia if they delay such an issue as of Gay Marriage till 2016????????????????

  2. Jobs Come First

    November 20, 2013 at 7:49 am

    More marriage derangement syndrome.

    How about doing something for people – coupled and otherwise – whose first priority is employment and/or housing? You know, something that won’t yield a 2016 ballot measure that could spur just enough of the populace in the Falwell-addled areas of the state to turn out to possibly tip the state back toward the Republicans – and the Christie-Cruz ticket in the presidential election? (Sorry Virginia, but Terry McAuliffe doesn’t make you Maryland, Maine, Minnesota or Washington.)

  3. Ken

    November 20, 2013 at 11:24 am

    Under the US constitution, states do not have the authority to pass laws that diminish the rights of a class of its citizens nor to diminish the rights of citizens of the United States. That wording, which comes from the 14th amendment, can only mean that no state can give its citizens fewer rights than the citizens of other states. States do not have the authority to regulate civil rights. Because they passed that amendment, the states themselves decided that civil rights is not a states’ rights issue.

    If a married US citizens move from Maryland to Virginia, Virginia diminishes their rights by causing their marriage to evaporate as they cross the border. Virginia is thus in flagrant violation of the US constitution and its state constitutional amendment banning marriage is illegal.

    The same guys who prevailed in the Prop 8 case are suing Virginia. All Virginians will have the right to marry long before 2016.

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D.C. police seek help in finding missing gay man

Rick Woods last seen in Georgetown on July 14

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Richard G. ‘Rick’ Woods, 65, was last seen in the 1600 block of Wisconsin Avenue, N.W., in Georgetown on July 14.

D.C. police have issued an announcement asking the public for help in finding Richard G. ‘Rick’ Woods, 65, who was last seen in the 1600 block of Wisconsin Avenue, N.W., in Georgetown on July 14.

Friends who know Woods, who is gay, say he has operated for many years an antique wood furniture restoration business at various locations in D.C. The most recent location of his business, according to an online listing, has been at 1408 Wisconsin Ave., N.W., a short distance from where he was last seen. 

The police announcement says Woods was reported missing to police on Friday, July 23, but the announcement doesn’t identify the person who reported him missing.

 “Richard G. Woods is described as a white male, 6’O” tall, 210 pounds, with brown and gray hair and brown eyes,” the police announcement says. “His clothing description is unknown,” according to the announcement.

The announcement says the case is being investigated by the department’s Youth and Family Services Division. Anyone with information about Woods’ whereabouts is asked to call the division at 202-576-6768 or to call the police Command Center at 202-727-9099. 

“Rick is known by many in our community,” said John Fanning, a Logan Circle Advisory Neighborhood Commissioner and longtime local LGBTQ rights advocate. “He’s owned an antique wood restoration business for years,” according to Fanning, who said he and others who know Woods are hopeful that he will be found soon and unharmed. 

A D.C. police spokesperson said the police incident report for the Woods missing person case wasn’t immediately available.

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Two injured in gunfire outside crowded 14th Street restaurants

Witnesses say 20 shots fired near Blade, Whitman-Walker offices

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Police are looking for three suspects in connection with Thursday’s shooting.

D.C. police are seeking the public’s help in identifying at least three suspects involved in a shooting in which two men were wounded shortly after 8 p.m. on Thursday, July 22, on the 1700 block of 14th Street, N.W. where the offices of the Washington Blade and Whitman-Walker Health, the LGBTQ supportive health center, are located.

The shooting occurred while dozens of people were dining at restaurants along the bustling street in the heart of the city’s Logan Circle nightlife area.

Police released a video showing two men – one wearing a white hooded sweater or sweatshirt and the other wearing a dark colored similar hooded shirt running along the street and entering the front and rear passenger doors of a black car double parked on the street that police described as an older model Honda Civic with D.C. license plates.

The video shows the car driving away at a fast speed with a third person driving the vehicle.

“Detectives from the Metropolitan Police Department’s Third District seek the public’s assistance in locating suspects and a vehicle in reference to an Assault with Intent to Kill (Gun) offense,” a statement released by D.C. police says.

“At approximately 8:20 p.m., members of the Third District heard the sounds of gunshots and responded to the listed location,” the statement says. “Upon arrival, members located two adult male victims, both conscious and breathing, suffering from gunshot wounds,” according to the statement. “DC Fire and Emergency Medical Services responded to the scene and transported the victims to area hospitals for treatment of non-life-threatening injuries.”

The shooting incident took place at a time when many city residents and police were on edge following the fatal shooting of a 6-year-old girl on July 16 in Southeast D.C. and the firing of gunshots last Saturday outside Washington Nationals Stadium during a game, which prompted people inside the stadium, who heard the gunshots, to duck for cover.

D.C. Police Chief Robert Contee, who was accompanied by D.C. Mayor Muriel Bowser at a news conference at the scene of the shooting on Thursday night, said investigators believe one of the two men wounded by the gunfire was a target of the shooting. Contee said police believe the second victim was hit in the crossfire.

“We’ve got to make sure we’re doing everything we can as an entire system here in the District of Columbia to hold offenders accountable when these things happen in our community,” Contee said. “This is unacceptable. That’s the bottom line. It is totally unacceptable behavior,” he said.

“I’m asking the community to take a look at these videos,” he told reporters at the press conference. “If you know the person or the vehicle or somebody who is in that – there is one individual with a very distinctive hoody that he was wearing – please look at that very closely,” he said. “We’re asking for the community’s help.”

When asked by a reporter to comment on expressions of outrage by members of the community over the widespread outbreak of gun violence in the city, Bowser said she shares that concern.

“Well, I’m outraged. The chief is outraged. And the community should be outraged,” the mayor said. “What we saw tonight and unfortunately what we saw over the last several days is an illegal firearm brazenly used on D.C. streets,” Bowser said.

“And we know that our investigators and detectives are going to track down every lead. Our citizens have already been helpful in supplying leads and video and anything else that they saw so that we can get these individuals off the street and hold them accountable,” the mayor said.

Witnesses have said the Thursday night shooting on 14th Street reportedly occurred at the intersection of Riggs Street outside the Mexicue Restaurant, which is located at 1720 14th Street, N.W. The Blade office is located just a few doors down and Whitman-Walker’s Elizabeth Taylor building is a short distance away across the street at 14th and R Street, N.W.

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Suspect charged in murder of trans woman in PG County apartment

District Heights man apprehended in Arlington following unrelated arrest

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P.G. Police charged DeAllen Davonta Price with first-degree and second-degree murder and related charges in connection with Taya Ashton’s death.

Prince George’s County, Md., Police announced on Wednesday that homicide investigators identified and filed murder charges against a 27-year-old District Heights, Md., man for the July 17 homicide of transgender woman Taya Ashton, 20, who was found shot to death in her apartment in nearby Suitland, Md.

In a statement, P.G. Police said they charged DeAllen Davonta Price of the 6400 block of Hil Mar Drive in the unincorporated area of District Heights with first-degree and second-degree murder and related charges in connection with Ashton’s death.

According to the statement, while P.G. police detectives identified Price as a suspect in the Ashton murder, Arlington County, Va. Police arrested him on July 18 on an unrelated robbery charge after he attempted to flee from Arlington and Metro Transit police inside a train tunnel at the Pentagon City Metro Station.

“With the assistance of Metro Transit Police, Prince George’s County Police detectives and a K9 officer searched those tracks and recovered a weapon that’s now been linked to Taya’s murder,” the P.G. Police statement says.

“Price remains in custody in Virginia pending extradition to Prince George’s County,” the statement says. “The motive remains under investigation,” says the statement, but it adds, “Detectives have uncovered no evidence suggesting Taya’s murder was due to her gender identity.”

The announcement by P.G. police of Price’s arrest came on the same day that family members and friends of Taya Ashton held a vigil to honor her life at 4 p.m. on Wednesday at River Terrace Park in Northeast D.C. along the banks of the Anacostia River, which is part of the neighborhood were Ashton grew up.

Veteran D.C. LGBTQ rights advocate Phil Pannell, who attended and spoke at the vigil, said that in addition to family members and friends of Ashton’s, those who spoke included Prince George’s County State’s Attorney Aisha Braveboy; D.C. Council member Trayon White (D-Ward 8), D.C. transgender rights advocate Earline Budd, and numerous community leaders in D.C. and P.G. County. Budd said more than 200 people turned out for the vigil.

At the conclusion of the vigil, many of the participants drove in a lengthy caravan of cars to the apartment building in the Suitland section of Prince George’s County, where Ashton lived and where her life ended, to further honor her.

“The nearby streets were completely filled with people coming out for Taya and her family,” Budd said.

A three-page charging document filed in Prince George’s County District Court by P.G. Police on Wednesday, July 21, provides a detailed account of how homicide detectives used cell phone records and high-tech firearm ballistics techniques to link Price to the murder.

P.G. police said homicide detectives began an intense investigation into the murder almost immediately after family members who discovered Ashton’s body at her apartment on July 17 called police. Ashton’s grandfather, Stuart Anderson, who said Taya Ashton’s status as a transgender woman was accepted by her family, told the Blade that family members who arrived at the apartment could not find any evidence of a forced entry, leading them to believe the assailant responsible for the murder may have been someone Ashton knew and invited into her home.

The charging document says that although Ashton’s phone was missing from the apartment and presumed stolen at the time her body was found, detectives obtained her phone number from family members and used it to discover through the tracing of her calls and text message records that she and Price communicated with each other by text or calls between Friday, July 16, one day prior to the murder, and at 11:42 p.m. Saturday, July 17.

“This is the last call that the Decedent makes or answers before being found deceased,” the charging document states.

According to the charging document, earlier in the evening of July 17 Ashton and a friend of hers exchanged text messages in which Ashton wrote, “My dude is on his way” which the friend understood to mean a sexual encounter was expected to take place. A short time later Ashton told her friend in a follow-up text message “that a sexual encounter occurred,” the charging document says.

“As the investigation continued, it was discovered that Defendant was arrested on 07/18/2021 at approximately 1642 hours [4:42 p.m.] by the Arlington County Police Department for a theft,” the charging document in support of Price’s arrest says.

It says that when Arlington Police initially attempted to apprehend Price, “he jumped off of a platform and ran into a subway tunnel towards the Pentagon Metro Station.” The document says he hid inside the tunnel for about two hours before being arrested after he walked out of the tunnel into the station.

At the time of his arrest, the charging document says, Price was in possession of a Gucci cross strap bag with distinct markings that Ashton’s family members reported was missing from her apartment at the time her body was found.

A short time later, P.G. County homicide investigators, who arrived on the scene, conducted a search of the train tunnel and found a black semi-automatic .40 caliber Smith and Wesson handgun, the charging document states.

It says that that a police firearm expert, after examining the gun, “was able to conclude that the fired .40 caliber cartridge casing recovered from the scene [of the murder] and the fired projectile recovered from the Decedent’s body were fired from the Smith and Wesson handgun bearing serial #HTU3274 recovered from the area the Defendant hid from police.” 

The document states that when questioned after his arrest, Price waived his Miranda rights to withhold comment and obtain representation from an attorney and acknowledged that police had obtained access to his correct cell phone number.

“He also admitted to being sexually intimate with the Decedent and stated that he has known the Decedent for approximately three months,” the charging document continues. “He then admitted to being at the Decedent’s apartment the night of the murder and being sexually intimate with the Decedent that night,” it says.

“Based on the aforementioned facts, the evidence indicates that the Defendant is responsible for shooting and killing the Decedent,” the document concludes. The document does not state whether detectives asked Price whether he committed the murder or whether or not he admitted or denied fatally shooting Taya Ashton.

An arrest warrant that accompanies the charging document says that in addition to being charged with first-degree and second-degree murder, police charged Price with Assault-First Degree; Firearm Use/Felony Crime of Violence; Assault-Second Degree; Handgun on Person; and Loaded Handgun on Person.

Court records show that Price had been arrested in Virginia and Maryland several times prior to his latest arrests beginning in 2012 on charges that include illegal possession of a firearm, armed robbery, misdemeanor theft, and grand larceny.

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