Local
Virginia lawmakers seek ability to defend state laws
House committee approved bill day after AG marriage announcement

Virginia Attorney General Mark Herring on Thursday announced he will not defend the state’s constitutional amendment that bans same-sex marriage.(Photo courtesy of Herring for Attorney General)
The 13-7 vote in the House Courts of Justice Committee on the measure that state Dels. Todd Gilbert (R-Shenandoah County) and Bob Marshall (R-Prince William County) introduced on Jan. 7 took place a day after Attorney General Mark Herring announced he would not defend the state’s constitutional amendment that bans same-sex marriage.
State Dels. Dave Albo (R-Fairfax County), Rob Bell (R-Charlottesville), Ben Cline (R-Rockbridge County), Jackson Miller (R-Manassas), G. Manoli Loupassi (R-Richmond), Ron Villanueva (R-Virginia Beach), Greg Habeeb (R-Salem), Randy Minchew (R-Loudoun County), Rick Morris (R-Isle of Wight County), James Leftwich (R-Chesapeake), A. Benton Chafin (R-Russell County), Les Adams (R-Pittsylvania County) and Gilbert voted for House Bill 706. State Dels. Vivian Watts (D-Fairfax County), David Toscano (D-Charlottesville), Charniele Herring (D-Alexandria), Jennifer McClellan (D-Richmond), Patrick Hope (D-Arlington County), Mark Keam (D-Fairfax County) and Monty Mason (D-Williamsburg) opposed the measure.
State Dels. Terry Kilgore (R-Scott County) and Jeff Campbell (R-Smyth County) did not vote on HB 706 that contains a so-called emergency clause that would allow it to immediately become law if the governor were to sign it.
“A member of the General Assembly has standing to represent the interests of the commonwealth in a proceeding in which the constitutionality, legality or application of a law established under legislative authority is at issue and the governor and attorney general choose not to defend the law,” reads the measure.
Keam told the Washington Blade the committee vote took place without advance notice.
“Everybody knows that this wouldn’t even be an issue if Herring didn’t do what he did yesterday,” said the Fairfax County Democrat.
Keam further noted the separation of powers between the executive and legislative branches of government has “been the same principle” in Virginia for 400 years.
“Why all of a sudden is there such an urgency that [they feel] like he has to change the rule now,” asked Keam. “The fact that they’re ramroding it through with emergency clause the day after the Mark Herring situation happens tells you that they’re driven by ideology.”
Virginia Republicans and social conservatives have blasted Herring for his decision not to defend the marriage amendment that voters in 2006 approved by a 57-43 percent margin. They also criticized him for joining a federal lawsuit against it that two same-sex couples from Norfolk and Richmond filed last year.
“Why didn’t he tell everybody when he was running for office what he was doing,” Marshall told Roll Call Editor-in-Chief Christina Bellantoni during an interview that aired on “The Kojo Nnamdi Show” on WAMU on Friday. “He kept this very cleverly to himself and sprung this like a Pearl Harbor attack on the people of Virginia after he takes an oath to defend the constitution.”
Pat Mullins, chair of the Republican Party of Virginia, on Thursday said Herring should resign so state lawmakers can appoint a successor who will defend the amendment. National Organization for Marriage President Brian Brown on Friday reiterated his call for legislators to impeach the attorney general.
“He is duty-bound to defend Virginia’s law,” said Brown in an e-mail to supporters. “Yet here he is, abandoning the people and law of Virginia to pursue his own selfish motives.”
The full House is expected to vote on HB 706 on Jan. 29.
The Virginia Senate, which will likely return to Democratic control following former Loudoun County prosecutor Jennifer Wexton’s victory in the special election to fill the seat that Herring had previously held, will likely kill the measure.
Rehoboth Beach
Auction of Rehoboth’s Blue Moon canceled
Details on sale of iconic bar, restaurant not disclosed
The Blue Moon in Rehoboth Beach, Del., has been an iconic presence in the local LGBTQ community for four decades but its status remains murky after a sheriff’s auction of the property was abruptly called off on Tuesday.
The property was listed for sale in December. At that time, owner Tim Ragan told the Blade that he is committed to preserving its legacy as a gay-friendly space.
“We had no idea the interest this would create,” Ragan said in December. “I guess I was a little naive about that.”
Ragan explained that he and longtime partner Randy Haney were separating the real estate from the business. The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million.
The bar and restaurant business is being sold separately; the price was not publicly disclosed.
But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer has been found but the sale is not yet final. As of Wednesday morning, the listing has been removed from the sheriff’s auction site.
Ragan didn’t respond to Blade inquiries about the auction. Back in December, he told the Blade, “It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” noting that he turns 70 this year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.”
The identity of the buyer was not disclosed, nor was the sale price.
Delaware
Delaware school district remains supportive after Trump attacks on trans students
Cape Henlopen has gender identity nondiscrimination policy
The Cape Henlopen School District in Delaware, one of five school districts in several states where the U.S. Department of Education earlier this month rescinded agreements protecting the rights of transgender students, says it will continue to provide a “safe and supportive learning environment” for all students.
In response to a request for comment, a spokesperson for the Cape Henlopen district sent the Washington Blade a short statement on its response to the federal Education Department’s action under orders from the Trump administration that ended what were called school district “resolution agreements” put in place under the administration of President Joe Biden.
Among other things, the federally initiated agreements required schools to train faculty on responding to a student’s preferred name and pronouns and to implement policies that allow transgender students to use bathrooms and locker rooms that align with their gender identity.
“The Cape Henlopen School District has received correspondence from the U.S. Department of Education’s Office of Civil Rights regarding the resolution agreement entered in March 2024,” the Cape Henlopen School District’s statement says. “As always, we are committed to providing a safe and supportive learning environment where all students can succeed,” it says.
“We will continue to work collaboratively to ensure our practices and programs support the well-being, growth, and achievement of every student in our District,” the statement concludes.
Although it did not respond specifically to the Trump-initiated action ending federal protections for trans students, a statement on the Cape Henlopen School District’s website says the district has a policy of non-discrimination based on a wide range of categories, including race, religion, creed, gender, and “sexual orientation or gender identity.”
The Trump administration’s latest action does not take away nondiscrimination policies put in place by school districts on their own.
The Cape Henlopen district is in Sussex County, a short distance from Rehoboth Beach, a Delaware resort town with many LGBTQ residents and summer visitors.
The other school districts for which the U.S. education department ended the trans nondiscrimination agreements include the Delaware Valley School District in Pennsylvania, Sacramento City Unified School District in California, Fife School District in Washington State, and La Mesa Spring Valley School District also in California.
Kimberly Richey, the Department of Education’s Assistant Secretary for Civil Rights, said in a statement that the decision to terminate the school agreements highlighted the Trump administration’s efforts to prevent trans students from participating in girls’ and women’s sports teams and accessing shared locker rooms.
“Today, the Trump administration is removing the unnecessary and unlawful burdens that prior administrations imposed on schools in its relentless pursuit of a radical transgender agenda,” she said in her statement.
Shiwali Patel, an official with the National Women’s Law Center, said in a statement that the action removing protections for trans students would negatively impact all students.
“There is absolutely no basis for what the Department of Education is doing, and it is unimaginably cruel,” she said. “Parents, teachers, and students need the Department to focus on addressing real harms on campuses instead of rolling back policies that keep all students safe.”
Virginia
Va. voters approve HRC-backed redistricting plan
10 of state’s 11 congressional districts now favor Democrats
Virginia voters on Tuesday narrowly approved a congressional redistricting plan ahead of the 2026 midterm elections.
The referendum passed by a 51-48 vote margin.
Virginia’s last Census happened in 2020. The next time maps would have been redrawn was intended for 2030, but the referendum results allow for redistricting to happen this year, while allowing the standard district procedures to resume after the 2030 Census.
Many congressional maps have been redrawn since the Trump-Vance administration took office, adding seats for both Republicans and Democrats. Ten of 11 of Virginia’s congressional districts will now favor Democrats.
The Human Rights Campaign PAC supported the referendum.
“Virginians made their voices heard today, rebuking Republicans’ attempts to stack the deck in their favor in the 2026 midterm elections and beyond,” said Human Rights Campaign PAC President Kelley Robinson in a statement. “This year, we’re going to take Congress back from the fringe extremists who have bent the knee to President Trump’s historically unpopular agenda at every turn.”
“Virginians just put anti-equality, anti-democracy, and anti-freedom lawmakers on notice — together, we are fighting for a future where every single American’s vote matters and where every elected official must earn their constituents’ trust,” she added.
