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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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Comings & Goings

Pierce named to Virginia Governor’s LGBTQ+ Advisory Board

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Jaime Christopher Pierce

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]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, landed an exciting internship, or are graduating and beginning your career with a new job, let us know so we can share your success.

Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.  

Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.

Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”

Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.

Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University. 

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Maryland

Md. groups receive state grants to fight hate crimes

Pride Center of Maryland among recipients

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Maryland Gov. Wes Moore speaks at the Human Rights Campaign's National Dinner in D.C. on Sept. 13, 2025. His administration in the 2027 fiscal year will give $10 million in grants to the Pride Center of Maryland and other groups that work to prevent hate crimes in Maryland. (Washington Blade photo by Michael Key)

Maryland Gov. Wes Moore and the Governor’s Office of Crime Prevention and Policy are awarding a total of $10 million in grants in the 2027 fiscal year to nonprofit organizations that work to prevent hate crimes in the state.

The funds will be used to support those who feel targeted or discriminated against because of their race, religion, sexual orientation, gender identity, or disability status.

The Pride Center of Maryland is among the recipients. Churches, synagogues, mosques, and LGBTQ organizations are all eligible to receive grants

“The safety and security of all Marylanders is my top priority, so we are drawing a hard line because we have no tolerance for hate,” said Moore, according to media reports. “We are committed to protecting and ensuring safe and sacred spaces stay that way by investing in non-profit organizations, houses of worship, and community centers to protect and honor every community that makes our state so diverse and special.” 

“Protection Against Hate Crime funding has strengthened the Pride Center of Maryland’s ability to protect, educate, and support the communities we serve … at a time of heightened concern associated with the Trump administration’s anti-LGBTQ/SGL (same-gender-loving) policies and pressures,” Pride Center of Maryland CEO Cleo Manago said. “PAHC funding helps us do more than improve physical security — it strengthens our community’s knowledge, preparedness, connection to resources, and ability to respond to hate with greater awareness and support.”

Maryland’s hate crimes law includes both sexual orientation and gender identity. The state’s nondiscrimination statute is also LGBTQ-inclusive.

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District of Columbia

Blade welcomes fall intern

Alexis McLean is student at University of North Florida

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Alexis McLean (Washington Blade photo by Michael K. Lavers)

The Washington Blade this week welcomed Alexis McLean as its fall intern.

Alexis is studying political science at the University of North Florida in Jacksonville, Fla. She is interning with the Blade as part of a continued partnership with the Washington Center.

“I am looking forward to spending my time in the fall with the Washington Blade, as this is a new experience for me,” said Alexis. “I have not experienced any journalist jobs in the past so this would be my first time, and I am excited to better my writing and communications skills with this internship.”

Alexis’s internship with the Blade ends in early December.

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