Local
Anti-gay group joins Va. marriage case
Alliance Defending Freedom representing defendant

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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Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”
Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.
Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.
He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.
Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.
Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street.
Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors.
District of Columbia
D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee
Alleged years of verbal harassment, slurs, intimidation
The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.
The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”
Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.
Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.
“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,” the ACLU’s statement says.
“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.
“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.
He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”
The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.
“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.
The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. ACLU spokesperson Andy Hoover said Jones has been on administrative leave since March 2022. Jones couldn’t immediately be reached for comment.
“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”
Virginia
Spanberger signs bill that paves way for marriage amendment repeal referendum
Proposal passed in two successive General Assembly sessions
Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.
The ballot question that voters will consider on Election Day is below:
Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.
“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.
Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.
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