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Mark Herring: Va. should be on ‘right side of history’

Attorney general defends decision to challenge gay marriage ban

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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 told the Washington Blade on Thursday he decided not to defend the state’s same-sex marriage ban because he wants to ensure the commonwealth is on “the right side of history.”

“This is a key issue that the [U.S.] Supreme Court is going to have to decide,” said Herring. “If the facts were presented to the Supreme Court, they would strike it down. And it’s important that Virginia be on the right side of history and on the right side of the law.”

Herring spoke with the Blade hours after he declared Virginia’s constitutional amendment that bans same-sex marriage unconstitutional. His office subsequently filed an official notification with the U.S. District Court for the Eastern District of Virginia that said the commonwealth’s position in the case that Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley filed last year has changed.

“Having duly exercised his independent constitutional judgment, the attorney general has concluded that Virginia’s laws denying the right to marry to same-sex couples violates the Fourteenth Amendment to the United States Constitution,” reads the aforementioned document.

Herring told the Blade he feels that Virginians can feel proud of the role their state played in the country’s founding. He said, however, the state was on the “wrong side” of the U.S. Supreme Court’s 1967 Loving v. Virginia decision that struck down the commonwealth’s interracial marriage ban and other landmark civil rights cases.

“We’re not going to be on the wrong side of the law this time,” said Herring.

Herring in 2006 voted against same-sex marriage while in the Virginia Senate. Voters later that year approved the gay nuptials ban by a 57-43 percent margin.

“I was speaking out against forms of discrimination against people on the basis of sexual orientation, but I did not support marriage equality at that time and I was wrong for that,” Herring told the Blade. “Almost immediately after that I saw how that vote and how that measure really hurt a lot of people and that it was very painful for a lot of people.”

Herring said he saw the issue “very differently” after talking with his family, constituents, friends and neighbors. He added his religion that originally prompted him to oppose marriage rights for same-sex couples helped further shape his position.

“It takes me to a more equal place and a better place,” said Herring. “I wouldn’t want the state telling my son or my daughter who they can and cannot marry.”

A poll the Human Rights Campaign commissioned last June found 55 percent of Virginians support marriage rights for same-sex couples.

HRC President Chad Griffin, Equality Virginia Executive Director James Parrish, ACLU of Virginia Executive Director Claire Guthrie Gastañaga and state Del. Adam Ebbin (D-Alexandria) are among those who applauded Herring’s announcement. Republicans and social conservatives blasted the former state senator from Loudoun County.

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

House Speaker Bill Howell (R-Stafford County) said Herring’s announcement sets a “dangerous precedent” with “regard to the rule of law.” National Organization for Marriage President Brian Brown urged Virginia lawmakers to impeach the attorney general.

“There are people who are going to attack me and try to say ‘well it’s about the duty of the attorney general (to defend the marriage ban,)” Herring told the Blade. “In fact what they’re really upset about is that they disagree with marriage equality. And that’s their right, but it’s not the law.”

Herring’s predecessor, Ken Cuccinelli, vehemently opposed marriage rights for same-sex couples while in office. State Sen. Mark Obenshain (R-Harrisonburg), who lost to Herring in last year’s attorney general race by fewer than than 1,000 votes, also did not support gay nuptials.

“I’m less focused on trying to draw a contrast with my predecessor,” Herring told the Blade when asked to comment on Cuccinelli’s opposition to nuptials for gays and lesbians. “I am just making sure I get the law right and fulfill my duties as attorney general as best I can and make sure that we come out on the correct side of this legal case.”

The ACLU, Lambda Legal and the ACLU of Virginia in August filed a class action federal lawsuit on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in the commonwealth. The first hearing in this case is expected to take place in the coming months.

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District of Columbia

New queer bar Rush beset by troubles; liquor license suspended

Staff claim they haven’t been paid, turn to GoFundMe as holidays approach

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A scene from the dance floor of Rush at a preview night on Friday, Nov. 28. (Washington Blade photo by Michael Key)

The D.C. Alcoholic Beverage and Cannabis Board on Dec. 17 issued an order suspending the liquor license for the recently opened LGBTQ bar and nightclub Rush on grounds that it failed to pay a required annual licensing fee.

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14 Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

It describes itself on its website as offering “art-pop aesthetics, high-energy nights” in a space that “celebrates queer culture without holding back.” It includes a large dance floor and a lounge area with sofas and chairs.

Jackson Mosley, Rush’s principal owner, did not immediately respond to a phone message from the Washington Blade seeking his comment on the license suspension.  

The ABC Board’s order states, “The basis for this Order is that a review of the Board’s official records by the Alcoholic Beverage and Cannabis Administration (ABCA) has determined that the Respondent’s renewal payment check was returned unpaid and alternative payment was not submitted.”

The three-page order adds, “Notwithstanding ABCA’s efforts to notify the Respondent of the renewal payment check return, the Respondent failed to pay the license fee for the period of 2025 to 2026 for its Retailer’s Class CT license. Therefore, the Respondent’s license has been SUSPENDED  until the Respondent pays the license fees and the $50.00 per day fine imposed by the Board for late payment.”

ABCA spokesperson Mary McNamara told the Blade that the check from Rush that was returned without payment was for  $12,687, which she said was based on Rush’s decision to pay the license fee for four years. She said that for Rush to get its liquor license reinstated it must now pay $3,819 for a one-year license fee plus a $100 bounced check fee, a $750 late fee, and $230 transfer fee, at a total of $4,919 due.

Under D.C. law, bars, restaurants and other businesses that normally serve alcoholic beverages can remain open without a city liquor license as long as they do not sell or serve alcohol. 

But D.C. drag performer John Marsh, who performs under the name Cake Pop and who is among the Rush employees, said Rush did not open on Wednesday, Dec. 17, the day the liquor board order was issued. He said that when it first opened, Rush limited its operating days from Wednesday through Sunday and was not open Mondays and Tuesdays. 

Marsh also said none of the Rush employees received what was to be their first monthly salary payment on Dec. 15. He said approximately 20 employees set up a GoFundMe fundraising site to raise money to help sustain them during the holiday period after assuming they will not be paid.

He said he doubted that any of the employees would return to work in the unlikely case that Mosley would attempt to reopen Rush without serving liquor or if he were to pay the licensing fee to allow him to resume serving alcohol without having received their salary payment. 

As if all that were not enough, Mosley would be facing yet another less serious problem related to the Rush policy of not accepting cash payments from customers and only accepting credit card payments. A D.C. law that went into effect Jan. 1, 2025, prohibits retail businesses such as restaurants and bars from not accepting cash payments. 

A spokesperson for the D.C. Department of Licensing and Consumer Protection, which is in charge of enforcing that law, couldn’t immediately be reached to determine what the penalty is for a violation of the law requiring that type of business to accept cash payments.

The employee GoFundMe site, which includes messages from several of the employees, can be accessed here.

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District of Columbia

Brian Footer suspends campaign for Ward 1 D.C. Council seat

Race’s third LGBTQ candidate cites family reasons for ‘stepping back’

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Brian Footer (Photo courtesy of Brian Footer)

Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.

“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”

Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.

Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.

At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.

In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.

“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”

Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.

His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.

“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”

Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”  

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LGBTQ, LGBTQ-friendly congregations to hold holiday services

Bet Mishpachah’s Hanukkah service to take place on Friday

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(Washington Blade photo by Michael K. Lavers)

LGBTQ and LGBTQ-friendly congregations in D.C. will hold services and other events throughout the holiday season.

Bet Mishpachah on Friday will hold its Sparks in the Dark Happy Hour at Spark Social on 14th Street from 5:30-7:30 p.m. It’s Chanuka Shabbat Service will begin at the Edlavitch DC Jewish Community Center (1529 16th St., N.W.) at 8 p.m.

Hanukkah began on Sunday and will end on Dec. 22.

Two gunmen on Sunday killed 15 people and injured more than two dozen others when they opened fire at a Hanukkah celebration on Sydney’s Bondi Beach.

Jake Singer-Beilin, Bet Mishpachah’s chief rabbi, in a Facebook post mourned the victims.

“We grieve for the victims and send heartfelt prayers of healing for those who were wounded,” he wrote.

“This Chanuka, our lights will shine brightly in the darkness, but our hearts will be heavy with mourning for those who were murdered on Bondi Beach while observing what should have been a joyous day,” added Singer-Beilin. “We will still celebrate our Festival of Lights and we will commit ourselves to illuminating and repairing our broken world. Let us channel the bravery of the Maccabees who found hope where there seemed to be none, and who fought to create a better future. We must do the same.”

LGBTQ Catholic group to hold annual Christmas Day Mass

Dignity Washington’s Christmas Day Mass will take place at St. Margaret’s Episcopal Church (1820 Connecticut Ave., N.W.) on Dec. 25 from 6-7 p.m. Parishioners can attend in person or watch it online via Facebook.

The Metropolitan Community Church of Washington D.C.’s Christmas Eve service will take place at the church (474 Ridge St., N.W., on Dec. 24 at 6 p.m.

St. Thomas Episcopal Church (1517 18th St., N.W.) in Dupont Circle will hold its Christmas Eve Festival Eucharist from 5-6 p.m. A Christmas Eve dinner will take place in the Parish Hall from 6-8:30 p.m. The church’s Christmas Eve Festival Eucharist will occur on Dec. 25 from 10-11 a.m.

Washington National Cathedral throughout the holiday season has a number of services and events scheduled. These include the virtual Gospel Christmas Service on Dec. 21 from 6-7:30 p.m., the Family Christmas Service on Dec. 23 from 11 a.m. to noon, the Christmas Eve Festival Holy Eucharist on Dec. 24 from 10-11:45 p.m., and the Christmas Day Festival Holy Eucharist on Dec. 25 from 11:15 a.m. to 12:45 p.m.

The Foundry United Methodist Church (1500 16th St., N.W.) in Dupont Circle will hold its Christmas Eve Family Service on Dec. 24 at 4:30 p.m. Its Carols and Candlelight Service will take place at 8 p.m.

Smithsonian Anacostia Community Museum to celebrate Kwanzaa

The Smithsonian Anacostia Community Museum (1901 Fort Place S.E.) in Anacostia will mark the first day of Kwanzaa on Dec. 26 with storytelling and drumming with Mama Ayo and Baba Ras D from noon to 2 p.m. The museum will hold a series of other events through the 6-day celebration of African American culture that ends on Jan. 1.

The Creative Suitland Arts Center (4719 Silver Hill Road) in Suitland, Md., on Friday will hold their Almost Kwanzaa: A Creative Kind of Holiday event from 6-8:30 p.m.

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