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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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Virginia

Abigail Spanberger sworn in as Va. governor

Former congresswoman took office Saturday

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Virginia Gov. Abigail Spanberger gives her inaugural address outside of the Virginia State Capitol on Jan. 17, 2026. (Washington Blade photo by Michael Key)

Abigail Spanberger was sworn in as the 75th governor of Virginia at a ceremony on the grounds of the Virginia State Capitol on Saturday. Thousands of spectators watched the swearing-in ceremony and parade, despite the rain and temperatures in the low 40s.

Spanberger, a member of the Democratic Party and an LGBTQ ally, became the first woman to be Virginia’s governor.

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Newly-elected Attorney General Jay Jones, Lt. Gov. Ghazala Hashmi, and Spanberger were each administered the oath of office in the public ceremony.

Former Gov. Glenn Youngkin walks with Virginia First Lady Suzanne Youngkin to his seat in his final act as Virginia’s governor. (Washington Blade photo by Michael Key)

Republican former Gov. Glenn Youngkin left the ceremony shortly after the oath of office was administered to Spanberger and before the inaugural address.

In her speech, the new governor made an appeal to bipartisanship and looking past division in our current moment.

“To my friends in the General Assembly — on both sides of the aisle — I look forward to working with you,” said Spanberger. “I know what it means to represent your constituents, to work hard for your district, and to pursue policies you believe in. We will not agree on everything, but I speak from personal experience when I say that we do not have to see eye-to-eye on every issue in order to stand shoulder-to-shoulder on others.”

Spanberger acknowledged Virginians’ frustrations with federal layoffs and governmental policy.

“I know many of you are worried about the recklessness coming out of Washington. You are worried about policies that are hurting our communities — cutting healthcare access, imperiling rural hospitals, and driving up costs,” said Spanberger. “You are worried about Washington policies that are closing off markets, hurting innovation and private industry, and attacking those who have devoted their lives to public service.”

Spanberger alluded to the Trump-Vance administration, though never mentioned President Donald Trump’s name in her remarks.

Spanberger said, “you are worried about an administration that is gilding buildings while schools crumble, breaking the social safety net, and sowing fear across our communities, betraying the values of who we are as Americans, the very values we celebrate here on these steps.”

The new governor then spoke of her priorities in office, pledging to tackle housing affordability by working to “cut red tape” and increase housing supply. Spanberger also spoke of forestalling an impending healthcare crisis by protecting access and cracking down on “middlemen who are driving up drug prices.”

Spanberger spoke of investments in education at every level, standing up for workers (including the large number of federal workers in Virginia), and taking action on gun violence.

Virginia married couple Mary Townley and Carol Schall witnessed the inauguration ceremony from the stands set up on the grounds of the Capitol. Schall and Townley are one of the plaintiff couples in the case that challenged the Virginia constitutional ban on same-sex marriage.

Same-sex marriage became legal in Virginia in 2014.

“We are delighted with the inauguration of Abigail Spanberger as governor of Virginia,” Schall told the Washington Blade. “The celebration of her inauguration was full of the beautiful diversity that is Virginia. The Virginia Pride contingent was included as a part of what makes Virginia a great place to live.”

“Such an honor to attend such a wonderful event in Virginia history,” Townley told the Blade. “The weather before the Inauguration was cold and rainy, but I believe it represented the end of a dreary time and it ushered in the dry and sunny weather by the end of the inaugural parade. Madam Governor brought us to the light!”

The inaugural parade following the governor’s remarks included a contingent from Diversity Richmond and Virginia Pride. Marchers in the LGBTQ contingent carried a giant Progress Pride flag and were met with loud cheers from the gathered spectators.

Gov. Abigail Spanberger (top, center) shows her appreciation to the LGBTQ contingent marching in the inaugural parade on Jan. 17, 2026. (Washington Blade photo by Michael Key)

Spanberger after her inauguration signed 10 executive orders. One of them bans discrimination against state employees based on sexual orientation, gender identity, and other factors.

“By virtue of the authority vested in me as Governor under Article V of the Constitution of
Virginia, I hereby declare that it is the firm and unwavering policy of the Commonwealth of Virginia to ensure equal opportunity in all facets of state government,” reads the executive order. “The foundational tenet of this executive order is premised upon a steadfast commitment to foster a culture of inclusion, diversity, and mutual respect for all Virginians.”

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Virginia

VIDEO: LGBTQ groups march in Va. inaugural parade

Abigail Spanberger took office on Saturday

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Diversity Richmond and the Virginia Pride project of Diversity Richmond march in the 2026 Inauguration Parade on the grounds of the state capitol in Richmond, Va. (Washington Blade photo by Michael Key)

The inaugural ceremonies for Virginia Gov. Abigail Spanberger were held in Richmond, Va. on Saturday. Among the groups marching in the parade were Diversity Richmond and the Virginia Pride project of Diversity Richmond.

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The LGBTQ contingent in the inaugural parade in Richmond, Va. pass by the review stand on Jan. 17, 2026. (Washington Blade photo by Michael Key)
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Virginia

Va. Senate approves referendum to repeal marriage amendment

Outgoing state Sen. Adam Ebbin introduced SJ3

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(Bigstock photo)

The Virginia Senate on Friday by a 26-13 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3. The Senate Privileges and Elections Committee on Wednesday approved it by a 10-4 vote margin.

Same-sex couples have been able to legally marry in Virginia since 2014. Outgoing Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again in 2025.

Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.

“It’s time for Virginia’s Constitution to reflect the law of the land and the values of today,” said Ebbin after Friday’s vote. “This amendment, if approved by voters, would affirm the dignity of all committed couples and protects marriage equality for future generations.”

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