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Virginia lawmakers seek ability to defend state laws

House committee approved bill day after AG marriage announcement

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Mark Herring, gay news, Washington Blade

Mark Herring, gay news, Washington Blade

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)

A Virginia House of Delegates committee on Friday approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so.

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.

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District of Columbia

Gay ANC member announces candidacy for Ward 1 D.C. Council seat

Community leader Brian Footer seeking seat held by Brianne Nadeau

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Brian Footer (Photo courtesy of Brian Footer for D.C.)

Gay Advisory Neighborhood Commissioner Brian Footer, a community activist who has been involved for many years in local and national government affairs, has announced his candidacy for the Ward 1 D.C. Council seat up for election in 2026.

Footer, a Democrat, will be running in the city’s June 2, 2026, Democratic primary for the Ward 1 Council seat, but it is uncertain whether he will be running against incumbent Ward 1 Council member Brianne Nadeau (D). Nadeau has not yet announced if she plans to run for re-election for a fourth term following her 12 years on the Council.

 Nadeau has been a longtime vocal supporter of the LGBTQ community.  

If Footer were to win the primary and the November 2026 general election, he would become the Council’s second openly gay member. Ward 5 Council member Zachary Parker (D) is currently the 13-member Council’s only gay member.

Footer is a three-term ANC commissioner who currently serves as Chair of ANC 1E, which represents the city’s Adams Morgan neighborhood.

“Brian has worked at every level of government — federal, state, and local — building a career rooted in public service, aging policy, and inclusive urban planning,”  a statement on his campaign website says.

“I’m running for Council because too many people in Ward 1 are doing everything right and still feel ignored by the city they call home,” Footer states on his website.

“I’m running because we can do better,” his statement continues. “That means making housing more affordable, addressing homelessness with real solutions, and keeping our neighborhoods safe with smart, community focused strategies.”

When contacted by the Washington Blade for comment, Nadeau said she was not ready at this time to discuss her plans about running again or about Footer’s candidacy.

“The primary is a ways away, and I’m very focused right now on the budget and the stadium deal and all the work that we’re doing at the Council,” she told the Blade. “So, I really haven’t had time to turn to my plans. So, as a result, I’m also not going to be commenting on anybody else who is determined that they’re running at this time.” 

She first won election to the Council in 2014 after she defeated four-term gay Ward 1 Council member Jim Graham in the Democratic primary after Graham became embroiled in an ethics controversy.

In the 2022 Democratic primary Nadeau defeated gay challenger Salah Czapary in a three-candidate race, by a margin of 48.5% of the vote compared to Czapary’s 30.9%.

With the third candidate, Sabel Harris, receiving 20.4%, the outcome showed that the two challengers had a combined total vote count higher than Nadeau.

Further details of Footer’s candidacy can be accessed from his campaign website, brianfooterdc.com.

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District of Columbia

Gay GOP group hosts Ernst, 3 House members — all of whom oppose Equality Act

Log Cabin, congressional guest speakers mum on June 25 event

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Sen. Joni Ernst spoke to D.C.’s Log Cabin group. (Washington Blade file photo by Michael Key)

U.S. Sen. Joni Ernst (R-Iowa) and three women Republican members of the U.S. House appeared as guest speakers at the June 25 meeting of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican group with that same name.

The U.S. House members who joined Ernst as guest speakers at the Log Cabin meeting were Celeste Maloy (R-Utah), Kat Cammack (R-Fla.), and Julia Letlow (R-La.).

Neither D.C. Log Cabin Republicans President Andrew Minik nor spokespersons for Ernst or the three congresswomen immediately responded to a request by the Washington Blade for comment on the GOP lawmakers’ appearance at an LGBTQ GOP group’s meeting.

“Please join us for an inspiring evening as we celebrate and recognize the bold leadership and accomplishments of Republican women in Congress,” a D.C Log Cabin announcement sent to its members states.

“This month’s meeting will highlight the efforts of the Republican Women’s Caucus and explore key issues such as the Protection of Women and Girls In Sports Act and the broader fight to preserve women’s spaces in society,” the message says.

It was referring to legislation pending in Congress calling for banning transgender women from participating in women’s sports events. 

According to media reports, Ernst and the three congresswomen have expressed opposition to the Equality Act, the longstanding bill pending in Congress calling for prohibiting discrimination based on sexual orientation and gender identity in the areas of employment, housing, and public accommodations. 

The Log Cabin announcement says the meeting was scheduled to take place at the Royal Sands Social Club, which is a restaurant and bar at 26 N St., S.E. in the city’s Navy Yard area.    

D.C. Log Cabin member Stuart West, who attended the meeting, confirmed that Ernst and the three congresswomen showed up and spoke at the event.

“It was a good turnout,” he said. “I would definitely say probably 30 or 40 people attended.” West added, “Four women came to talk to a group of mostly gay men. That’s something you don’t see very often.” 

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District of Columbia

D.C. police seek public’s help in July 5 murder of trans woman

Relative disputes initial decision not to list case as hate crime

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Daquane ‘Dream’ Johnson (Photo courtesy of family)

D.C. police are seeking help from the public in their investigation into the murder of a transgender woman who they say was shot to death at about 12:30 a.m. on Saturday, July 5, on the 2000 block of Benning Road, N.E.

But the police announcement of the fatal shooting and a police report obtained by the Washington Blade do not identify the victim, 28-year-old Daquane ‘Dream’ Johnson of Northeast D.C., as transgender. And the police report says the shooting is not currently listed as a suspected hate crime.

It was local transgender activists and one of Johnson’s family members, her aunt, who confirmed she was transgender and said information they obtained indicates the killing could have been a hate crime.

“On Saturday, July 5, at approximately 12:51 a.m., Sixth District officers were flagged down in the 2000 block of Benning Road, Northeast, for an unconscious female,” a July 5 D.C. police statement says. “Upon arrival, officers located an adult female victim suffering from gunshot wounds,” it says.

“D.C. Fire and EMS responded to the scene and transported the victim to a local hospital where after all lifesaving efforts failed and the victim was pronounced dead,” the statement says.

A separate police flyer with a photo of Johnson announces an award of $25,000 was being offered for information leading to the arrest and conviction of the person or persons responsible for the murder.

The flyer identifies D.C. police Homicide Detective Natasha Kennedy as being the lead investigator in the case and says anyone with information about the case should contact her at 202-380-6198.

Longtime D.C. transgender rights advocate Earline Budd told the Blade that one of the police investigators contacted her about the case and that she also spoke to Detective Kennedy. Budd said police confirmed to her that Johnson was a transgender woman.

(Photo courtesy of family)

One of Johnson’s family members, Vanna Terrell, who identified herself as Johnson’s aunt, told the Blade that Johnson used the first name of Dream and had planned to legally adopt that name instead of Daquane but had not gotten around to doing so.

Terrell said she and other family members learned more about the incident when one of two teenage high school students who knew Johnson’s brother contacted a friend and told the friend that they recognized Johnson as they witnessed the shooting. Terrell said the friend then called her to tell her what the friend learned from the two witnesses.

According to Terrell, the witnesses reportedly saw three men approach Johnson as Johnson walked along Benning Road and one of them called Johnson a derogatory name, leading Terrell to believe the men recognized Johnson as a transgender woman.

Terrell said one of the witnesses told the friend, who spoke to Terrell, that the man who shot Johnson kept shooting her until all of the bullets were fired. Budd, who said she spoke to Terrell, who also told her what the witnesses reported, said she believed the multiple shots fired by the shooter was an “overkill” that appears to have been a hate crime. Terrell said she too believes the murder was a hate crime.

In response to an inquiry from the Blade, Officer Ebony Major, a D.C. police spokesperson, stated in an email, “At this point there is nothing in the investigation that indicates the offense was motivated by hate or bias.”

Terrell said a memorial gathering to honor Johnson’s life was scheduled to be held Saturday, July 12, at River Terrace Park, which is located at 500 36th St., N.E. not far from where the shooting occurred.

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