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Anti-gay group joins Va. marriage case

Alliance Defending Freedom representing defendant

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An anti-gay group is representing a defendant in a case that challenges Virginia's same-sex marriage amendment (photo via wikimedia).

An anti-gay group is representing a defendant in a case that challenges Virginia’s same-sex marriage amendment (photo via wikimedia).

An anti-gay group is representing one of the two defendants in a federal lawsuit that challenges Virginia’s same-sex marriage ban.

Court documents indicate the Alliance Defending Freedom on Monday filed a status report with Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia on Monday on behalf of Prince William County Circuit Court Clerk Michèle McQuigg. Norfolk Circuit Court Clerk George Schaefer has tapped lawyers with former Virginia Gov. Bob McDonnell’s Virginia Beach law firm to represent him in the case.

Lawyers representing the plaintiffs — Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond — filed their own status report with Allen after she questioned whether a hearing in the case that is scheduled to take place on Thursday “remains warranted” following Attorney General Mark Herring announcement he will not defend the commonwealth’s same-sex marriage ban.

“Virginia’s definition of marriage does not codify impermissible sex or sexual orientation discrimination,” wrote Alliance Defending Freedom lawyers in the status report it filed with Allen. “As to the claim of sex discrimination, Virginia’s marriage laws treat men and women identically. No man or woman is permitted to marry a person of the same sex, so there is no ‘differential treatment for denial of opportunity for which relief is sought.’”

The Alliance Defending Freedom also dismissed attempts to compare this lawsuit to the case that prompted the U.S. Supreme Court in 1967 to strike down interracial marriage bans in the landmark Loving v. Virginia ruling.

“While race is irrelevant to the state’s interest in marriage, the sex of the two individuals marrying is central,” wrote the group.

Allen dismissed the Alliance Defending Freedom’s request to delay the hearing that will take place as scheduled on Thursday. The judge’s order also indicates the Family Foundation of Virginia has also filed an amicus brief in the case.

“We expect the ADF to use the same tired arguments that we’ve seen lose repeatedly in courts across the country,” Adam Umhoefer, executive director of the American Foundation for Equal Rights, which is representing Bostic and London and Schall and Townley, told the Washington Blade.

The Alliance Defending Freedom did not return the Blade’s request for comment.

Herring continues to face criticism for not defending marriage amendment

Virginia Republicans and social conservatives continue to blast Herring for not defending the marriage amendment that voters approved in 2006.

“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.

Republican Party of Virginia Chair Pat Mullins last week suggested Herring should resign if he won’t defend the gay nuptials ban. National Organization for Marriage President Brian Brown said state lawmakers should impeach the attorney general.

A Virginia House of Delegates committee on Jan. 24 approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so. More than 30 legislators on the same day urged Gov. Terry McAuliffe to defend the state’s marriage amendment.

“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 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.”

Alliance Defending Freedom staffers in 2013 testified against measures that sought to extend marriage rights to same-sex couples in Delaware and Rhode Island — gays and lesbians in the two states began to exchange vows last summer. The Arizona-based organization also filed briefs with the U.S. Supreme Court in support of the Defense of Marriage Act and California’s Proposition 8.

The justices last June found a portion of DOMA unconstitutional and struck down Prop 8.

The Alliance Defending Freedom has also represented a New Mexico photographer and two Vermont innkeepers who faced lawsuits from gays and lesbians who said the refused to do business with them.

The Southern Poverty Law Center last July criticized the Alliance Defending Freedom and other U.S. groups for supporting the campaign to defend Belize’s anti-sodomy law.

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Local LGBTQ groups, activists to commemorate Black History Month

Rayceen Pendarvis to moderate Dupont Underground panel on Sunday

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Rayceen Pendarvis speaks at the WorldPride 2025 Human Rights Conference at the National Theater in D.C. on June 4, 2025. (Washington Blade photo by Michael K. Lavers)

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. will be moderating a panel at Dupont Underground on Sunday. 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.

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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

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(Photo by chalabala/Bigstock)

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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District of Columbia

Capital Pride wins anti-stalking order against local activist

Darren Pasha claims action is linked to his criticism of Pride organizers

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Darren Pasha was ordered to stay 100 feet away from Capital Pride officials. (Blade file photo by Michael Key)

A D.C. Superior Court judge on Feb. 6 partially approved an anti-stalking order against a local LGBTQ activist requested last October by the Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events.

The ruling by Judge Robert D. Okun requires former Capital Pride volunteer Darren Pasha to stay at least 100 feet away from Capital Pride’s staff, board members, and volunteers until the time of a follow up court hearing he scheduled for April 17.

In  his ruling at the Feb. 6 hearing, which was virtual rather than held in-person at the courthouse, Okun said he had changed the distance that Capital Pride had requested for the stay-away, anti-stalking order from 200 yards to 100 feet. The court records show that the judge also denied a motion filed earlier by Pasha, who did not attend the hearing, to “quash” the Capital Pride civil case against him.   

Pasha told the Washington Blade he suffered an injury and damaged his mobile phone by falling off his scooter on the city’s snow-covered streets that prevented him from calling in to join the Feb. 6 court hearing.

In his own court filings without retaining an attorney, Pasha has strongly denied the stalking related allegations against him by Capital Pride, saying “no credible or admissible evidence has been provided” to show he engaged in any wrongdoing.

The Capital Pride complaint initially filed in court on Oct. 27, 2025, includes an 18-page legal brief outlining its allegations against Pasha and an additional 167-page addendum of “supporting exhibits” that includes multiple statements by witnesses whose names are blacked out. 

“Over the past year, Defendant Darren Pasha (“DSP”) has engaged in a sustained, and escalating course of conduct directed at CPA, including repeated and unwanted contact, harassment, intimidation, threats, manipulation, and coercive behavior targeting CPA staff, board members, volunteers, and affiliates,” the Capital Pride complaint states.

In his initial 16-page response to the complaint, Pasha says the Capital Pride complaint appears to be a form of retaliation against him for a dispute he has had with the organization and its then president, Ashley Smith, last year.

“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” he said of the complaint.

Smith, who has since resigned from his role as board president, did not respond to a request by the Blade for comment at the time the Capital Pride court complaint was filed against Pasha. 

Capital Pride Executive Director Ryan Bos and the attorney representing the group in its legal action against Pasha, Nick Harrison, did not immediately respond to a Blade request for comment on the judge’s Feb. 6 ruling.

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