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Mark Herring to challenge Virginia same-sex marriage ban

Gay nuptials supporter says “elections have consequences”

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Mark Herring, gay news, Washington Blade

Mark Herring, gay news, Washington Blade

Virginia Attorney General Mark Herring (Photo courtesy of Herring for Attorney General)

Virginia Attorney General Mark Herring on Thursday announced he will not defend the state’s same-sex marriage ban.

Herring in a statement declared the gay nuptials ban unconstitutional. He also said he will join a federal lawsuit challenging it that two same-sex couples from Norfolk and Richmond — Timothy Bostic and Tony London and Carol Schall and Mary Townley — filed last year.

“Virginia has argued on the wrong side of some of our nation’s landmark cases,” said Herring, noting the U.S. Supreme Court’s Loving v. Virginia decision that struck down interracial marriage bans and other issues. “It’s time for the commonwealth to be on the right side of history and the right side of the law.”

State Del. Scott Surovell (D-Fairfax County) welcomed Herring’s announcement.

“Elections have consequences and the U.S. Supreme Court’s Windsor decision makes clear that we must give full faith and credit to non-Virginia gay marriages,” the Fairfax County Democrat told the Washington Blade after the Post published its story. “Attorney General Herring is simply enforcing the law of the land as reflected [and] interpreted by the U.S. Supreme Court six months ago.”

Equality Virginia Executive Director James Parrish described Herring’s decision as “truly commendable.”

“This is a new day for loving gay and lesbian couples who want to marry the person they love in the state they call home,” Parrish told the Blade. “Thanks to Mark Herring, today we are one step closer to equality and fairness for LGBT Virginians.”

State Sen. Adam Ebbin (D-Alexandria) also welcomed the former Loudoun County senator’s announcement.

“We’re the birthplace of the Bill of Rights, but unfortunately also the place that outlawed interracial marriage,” Ebbin told the Blade. “Tt’s nice to be getting it right and be on the right side of history and not move backwards.”

Pat Mullins, chair of the Republican Party of Virginia, blasted Herring over his decision not to defend the commonwealth’s same-sex marriage ban.

“If Mark Herring doesn’t want to defend this case, he should resign, and let the General Assembly appoint someone who will,” said Mullins. “Mark Herring owes the people of Virginia no less.”

National Organization for Marriage President Brian Brown said state lawmakers should impeach Herring for what his organization described as a “lawless” decision.

“The attorney general swore an oath that he would ‘support… the Constitution of the commonwealth of Virginia’ and faithfully discharge his duties, which include defending duly enacted laws like the state’s marriage amendment,” said Brown. “Yet now Attorney General Herring is participating in a lawsuit against the very people he is sworn to represent, the citizens of Virginia who preserved marriage in their constitution. This malfeasance and neglect of duty is not only a disgrace, it’s an impeachable offense under the constitution.”

House Speaker Bill Howell (R-Stafford County) is among those who also sharply criticized Herring.

“What we really have here is a breakdown of the rule of law,” said state Sen. Dick Black (R-Loudoun County) during an interview with Bruce DePuyt of News Channel 8.

The announcement comes less than two weeks after Herring took office alongside Gov. Terry McAuliffe and Lieutenant Gov. Ralph Northam.

Former Attorney General Ken Cuccinelli, who ran against McAuliffe, vehemently opposed marriage rights for same-sex couples in the commonwealth. The former GOP gubernatorial candidate wrote in a non-binding opinion to state Del. Bob Marshall (R-Prince William County) one day before leaving office that a governor may not require any state government agency to allow gays and lesbians to receive “joint marital status” for state income tax returns.

Herring in 2006 voted against marriage rights for same-sex couples while in the state Senate. Virginia voters the same year approved a state constitutional amendment banning gay nuptials by a 57-43 percent margin.

State Del. Mark Cole (R-Fredericksburg), chair of the Virginia House of Delegates Privileges and Elections Committee, earlier this month announced it will not consider any proposed resolutions that sought to repeal the marriage amendment during the 2014 legislative session.

The House Civil Law Subcommittee on Monday narrowly struck down Surovell’s bill that would have repealed the commonwealth’s statutory same-sex marriage ban.

State Del. Rob Krupicka (D-Alexandria) earlier this month introduced a proposed resolution that sought to amend the state constitution to allow same-sex marriage in Virginia. The Alexandria Democrat’s proposal would have also allowed the commonwealth to recognize gay nuptials legally performed in neighboring D.C. and Maryland and other jurisdictions.

Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia in Norfolk is scheduled to hold a hearing in the Bostic case on Jan. 30. 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 state.

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4 Comments

4 Comments

  1. Gordon White

    January 23, 2014 at 5:20 pm

    Elections matter. Justice matters. The Attorney General race was exceptionally close, requiring a recount. Your vote matters.

    • Tom

      January 23, 2014 at 12:44 pm

      So true, Gordon. I believe Herrring ended up winning by 9 votes in the end!

      Let’s hope with at least 4 years of Democrats controlling the Adminisration and Senate (hopefully), there might be some good legislaton created and bad legislation abandonned.

  2. Anonymous

    January 23, 2014 at 6:05 pm

    In the campaign preceding the elections in Virginia of November 2013, the Democratic candidates for governor, lieutenant governor, and attorney general – respectively Terence McAuliffe, Ralph Northam, and Mark R. Herring – made clear they supported equal rights for sexual minorities in general and marriage equality in particular. They won the election (and the Libertarian candidate for governor, Robert Sarvis, who also declared his support for marriage equality during the campaign, got 145,773 votes).

    On 19 January 2014, Victoria Cobb, president of the Family Foundation of Virginia, announced that “'I'd like to see the attorney general, as the person elected to defend our laws, give a staunch defense of it. 'That's what the top attorney should be doing."

    On 22 January 2014, the attorney general of Virginia announced that not only will he not defend the ban in Federal lawsuits but he will also support parties seeking to have it struck down.

    Victoria, put aside your obsession with the movement for marriage equality, which is now on a roll that you cannot stop, and recognize the obvious: the legalization of same-gender civil marriage is no threat to different-gender marriage because same-gender civil marriage is intended to complement, not replace, different-gender civil marriage.

    Ponder also the fact that the real problems of marriage in the United States are at least: (1) divorce in families headed by different-gender parents, which often has bad consequences for their children, (2) spousal abuse in families headed by different-gender parents, which often has bad consequences for their children; (3) parental abuse of children in families headed by different-gender parents, which by definition has bad consequences for the children; (4) teenage pregnancies among heterosexual females, which often has bad consequences for their children; and (5) the presence of children in orphanages and in foster care who remain unadopted, probably all of whom are the offspring of different-gender parents.

    Replace the word “different-gender” by “same-gender” in the previous paragraph and the number of instances of each of the five phenomena plunges dramatically (probably being zero in the case of teenage pregnancies). For example, we know of just one instance (in Connecticut) in which a same-gender married couple has been accused of abusing its children. Although there could be more such instances (if you know of any, please tell us where they are documented), the total number probably constitutes a tiny percentage of the number of same-gender couples with children (in contrast to the significantly higher percentage of different-gender couples found guilty of abusing their children).

    [For the Connecticut instance, see Erik Ortiz, “Gay Connecticut couple accused of raping adopted children will face trial,” Daily News, New York, 7 April 2013, available too on line; an instance of same-gender parental abuse in Massachusetts was reported to us, but without any bibliographical reference.]

    Ponder too the fact that same-gender couples are helping to clean up a mess made almost exclusively by different-gender couples (problem [5]): by adopting children, same-gender couples are reducing the number of children in orphanages and in foster care. Better a child have two mothers or two fathers than no mother and no father at all.

    On balance, therefore, it seems that the Family Foundation of Virginia and the many other organizations trumpeting their earnest desire to “defend marriage” are, in their endeavor to root out evil, looking in the wrong direction.

  3. Mykelb

    January 23, 2014 at 4:03 pm

    Guess what Brian Brown? The US Constitution trumps State Constitutions every time.

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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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AU student expelled over arrest in attack on gay Asian man, parents

Patrick Trebat no longer affiliated with university

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(Washington Blade photo by Michael Key)

An American University graduate student who was arrested by D.C. police on Aug. 7 on charges that he assaulted a gay Asian man and the man’s parents while shouting homophobic and anti-Asian slurs “is no longer affiliated with the university and will not be allowed on campus,” according to a report by WTOP News.

In an Oct. 9 broadcast that it updated this week, WTOP said Patrick Trebat, 38, who had been taking a night class at the university’s Kogod School of Business, was banned from returning to the campus.

Charging documents filed in D.C. Superior Court show that Trebat was charged by D.C. police with one count of felony assault, two counts of simple assault and one count of destruction of property for allegedly assaulting and injuring Sean Lai, 30, an out gay man of Chinese ancestry, and his parents on the 3700 block of Fulton Street, N.W., on Aug. 7.

The charging documents say Trebat allegedly began to follow Lai and his parents as they were walking along the street in the city’s Observatory Circle neighborhood near the National Cathedral. According to a statement by a police official from the police district whose officers made the arrest, Trebat punched and kicked the three victims as he stated, “Get out of my country.” The police statement says the family was taken to a hospital for treatment of non-life-threatening injuries.

A separate police report says Trebat shouted the word “faggots” at the family and shouted, “You are not Americans!”

Based on these allegations, prosecutors classified the assault charges as an anti-Asian bias related crime, but they did not add an anti-gay classification to the charges.

Court records show that Trebat was released two days after his arrest while awaiting trial under the court’s High Intensity Supervision Program, which, among other things, imposed a curfew requiring him to return home by 10 p.m.

An Oct. 8 story in The Eagle, the American University student newspaper, says it learned that Trebat’s attorney filed a motion in court, which the Washington Blade also discovered from court records, asking a judge to extend the curfew deadline from 10 p.m. to 11:45 p.m. so that Trebat could attend at night class at American University.

The motion, which prosecutors with the U.S. Attorney’s Office did not oppose and the judge approved, identified Trebat in the public court records as an AU graduate student.

According to the Eagle, representatives of the university’s Asian American and LGBTQ student groups criticized university officials for not alerting students that an AU student charged with an anti-Asian hate crime while hurling homophobic slurs had access to the campus and could pose a danger to students.

“Patrick Trebant is not affiliated with American University and is not allowed on campus,” AU told the Blade on Wednesday in a statement. “While we cannot discuss details of an individual matter, when a student has been arrested, charged, convicted of, or sentenced for a felony crime, the university’s student conduct code provides for an administrative adjudication process. The safety of our students and our community is our priority.”

The Eagle reports that the code of conduct states that the dean of students or their designee can administratively adjudicate a case when a student has been accused of a non-academic offense “where the student has been arrested, charged, convicted of, or sentenced for a felony crime” for certain misconduct. The code of conduct applies in a situation in which a student is arrested for an off-campus allegation.

Court records show Trebat is scheduled to return to court at 9:30 a.m. on Nov. 15 for a felony status hearing before Superior Court Judge Judith Pipe.

Neither Trebat nor his attorney, Brandi Harden, could immediately be reached for comment.

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