Local
Judge poised to rule on Va. same-sex marriage ban
Herring will not defend anti-gay amendment

Virginia Attorney General Mark Herring on Jan. 23 announced he will not defend the state’s constitutional amendment that bans same-sex marriage.(Photo courtesy of Herring for Attorney General)
A federal judge appears ready to rule on the constitutionality of Virginia’s same-sex marriage ban in the wake of Attorney General Mark Herring’s announcement that he will not defend it.
Judge Arenda L. Wright of the U.S. District Court for the Eastern District of Virginia in Norfolk on Jan. 23 asked the parties in the lawsuit filed by two same-sex couples to file status reports on whether oral arguments that are scheduled to take place on Thursday “remains warranted.” She also told the litigants to tell the court whether it should “instead rule promptly on the briefs without a hearing.”
Lawyers for the plaintiffs — Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond — filed their response to Wright’s order on Jan. 24. The judge ordered attorneys representing the defendant — Norfolk Circuit Court Clerk George Schaefer — to respond to Herring’s position that the state constitutional amendment that defines marriage in Virginia as between a man and a woman is unconstitutional by noon on Monday.
“The attorney general’s change in position should not delay this court’s resolution of plaintiff’s motions for a preliminary injunction and summary judgment,” wrote Bostic and London’s lawyers in the status report they submitted to Wright. “If anything, the attorney general’s change in position makes clearer the appropriateness of immediate relief.”
Herring’s decision not to defend the marriage amendment sparked immediate outrage among some Virginia Republicans and social conservatives.
“The attorney general’s decision to refuse to enforce a duly-adopted provision of the Virginia Constitution is frightening,” said state Del. Todd Gilbert (R-Shenandoah County) on Sunday during the Republican Party of Virginia’s weekly address.
Victoria Cobb, president of the Family Foundation of Virginia, echoed Gilbert in a statement her organization released after Herring’s Jan. 23 announcement.
State Del. Bob Marshall (R-Prince William County) equated the attorney general’s announcement during a Jan. 24 interview with Roll Call Editor-in-Chief Christina Bellantoni that aired on “The Kojo Nnamdi Show” on WAMU to a “Pearl Harbor attack on the people of Virginia.” Republican Party of Virginia Chair Pat Mullins is among those who have suggested that Herring should resign.
A Virginia House of Delegates committee on Jan. 24 approved a bill that Gilbert and Marshall introduced earlier this month that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so. The two Republicans are among the 32 lawmakers who urged Gov. Terry McAuliffe on the same day to defend the state’s marriage amendment that voters in 2006 approved by a 57-43 percent margin.
“Attorney General Herring apparently is satisfied that the people of Virginia shall not be represented in court to defend the 2006 voter approved one-man, one-woman marriage amendment,” wrote the legislators in the letter of which the Washington Post obtained a copy.
McAuliffe, who took office slightly more than two weeks ago, supports marriage rights for same-sex couples.
“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 Washington Blade during a Jan. 23 interview. “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.”
Neighboring Maryland is among the 17 states and D.C. that have extended marriage rights to same-sex couples. Gays and lesbians in Florida, Pennsylvania, Arizona and other states have filed lawsuits seeking the ability to tie the knot in the wake of the U.S. Supreme Court’s landmark decision last June that found a portion of the Defense of Marriage Act unconstitutional.
The ACLU, Lambda Legal and the ACLU of Virginia last August filed a class action federal lawsuit on behalf of two lesbian couples from the Shenandoah Valley — including one who tied the knot in D.C. in 2011 — who are seeking marriage rights in the commonwealth. The first hearing in the case is expected to take place in the coming months.
Virginia
McPike wins special election for Va. House of Delegates
Gay Alexandria City Council member becomes 8th LGBTQ member of legislature
Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.
McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.
He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria).
Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.
Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.
“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20.
McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.
Local
Local LGBTQ groups, activists to commemorate Black History Month
Rayceen Pendarvis to moderate Dupont Underground panel on Sunday
LGBTQ groups in D.C. and elsewhere plan to use Black History Month as an opportunity to commemorate and celebrate Black lives and experiences.
Team Rayceen Productions has no specific events planned, but co-founder Rayceen Pendarvis will attend many functions around D.C. this month.
Pendarvis, a longtime voice in the LGBTQ community in D.C. moderated a panel at Dupont Underground on Feb. 8. The event, “Every (Body) Wants to Be a Showgirl,” will feature art from Black burlesque artists from around the country. Pendarvis on Feb. 23 will attend the showing of multimedia play at the Lincoln Theatre that commemorates the life of James Baldwin.
Equality Virginia plans to prioritize Black voices through a weekly online series, and community-based story telling. The online digital series will center Black LGBTQ voices, specifically trailblazers and activists, and contemporary Black queer and transgender people.
Narissa Rahaman, Equality Virginia’s executive director, stressed the importance of the Black queer community to the overall Pride movement, and said “Equality Virginia is proud to center those voices in our work this month and beyond.”
The Capital Pride Alliance, which hosts Pride events in D.C., has an alliance with the Center for Black Equity, which brings Black Pride to D.C. over Memorial Day weekend. The National LGBTQ Task Force has no specific Black History Month events planned, but plans to participate in online collaborations.
Cathy Renna, the Task Force’s director of communications, told the Washington Blade the organization remains committed to uplifting Black voices. “Our priority is keeping this at the forefront everyday,” she said.
The D.C. LGBTQ+ Community Center is also hosting a series of Black History Month events.
The D.C. Public Library earlier this year launched “Freedom and Resistance,” an exhibition that celebrates Black History Month and Martin Luther King Jr. It will remain on display until the middle of March at the Martin Luther King Jr. Memorial Library at 901 G St., N.W.
District of Columbia
U.S. Attorney’s Office drops hate crime charge in anti-gay assault
Case remains under investigation and ‘further charges’ could come
D.C. police announced on Feb. 9 that they had arrested two days earlier on Feb. 7 a Germantown, Md., man on a charge of simple assault with a hate crime designation after the man allegedly assaulted a gay man at 14th and Q Streets, N.W., while using “homophobic slurs.”
But D.C. Superior Court records show that prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. violent crime cases, charged the arrested man only with simple assault without a hate crime designation.
In response to a request by the Washington Blade for the reason why the hate crime designation was dropped, a spokesperson for the U.S. Attorney’s office provided this response: “We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them.”
In a statement announcing the arrest in this case, D.C. police stated, “On Saturday, February 7, 2026, at approximately 7:45 p.m. the victim and suspect were in the 1500 block of 14th Street, Northwest. The suspect requested a ‘high five’ from the victim. The victim declined and continued walking,” the statement says.
“The suspect assaulted the victim and used homophobic slurs,” the police statement continues. “The suspect was apprehended by responding officers.”
It adds that 26-year-old Dean Edmundson of Germantown, Md. “was arrested and charged with Simple Assault (Hate/Bias).” The statement also adds, “A designation as a hate crime by MPD does not mean that prosecutors will prosecute it as a hate crime.”
Under D.C.’s Bias Related Crime Act of 1989, penalties for crimes motivated by prejudice against individuals based on race, religion, sexual orientation, gender identity, disability, and homelessness can be enhanced by a court upon conviction by one and a half times greater than the penalty of the underlying crime.
Prosecutors in the past both in D.C. and other states have said they sometimes decide not to include a hate crime designation in assault cases if they don’t think the evidence is sufficient to obtain a conviction by a jury. In some instances, prosecutors have said they were concerned that a skeptical jury might decide to find a defendant not guilty of the underlying assault charge if they did not believe a motive of hate was involved.
A more detailed arrest affidavit filed by D.C. police in Superior Court appears to support the charge of a hate crime designation.
“The victim stated that they refused to High-Five Defendant Edmondson, which, upon that happening, Defendant Edmondson started walking behind both the victim and witness, calling the victim, “bald, ugly, and gay,” the arrest affidavit states.
“The victim stated that upon being called that, Defendant Edmundson pushed the victim with both hands, shoving them, causing the victim to feel the force of the push,” the affidavit continues. “The victim stated that they felt offended and that they were also gay,” it says.
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