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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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District of Columbia

Judge rescinds stay-away order in Capital Pride anti-stalking case

Evidence hearing to determine if order should be reinstated against Darren Pasha

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Darren Pasha (Washington Blade photo by Michael Key)

A D.C. Superior Court judge on April 17 rescinded an anti-stalking order he approved in February at the request of Capital Pride Alliance against local LGBTQ activist Darren Pasha. 

In a ruling at a court status hearing, Judge Robert D. Okum agreed with defendant Darren Pasha’s stated concern that the initial order was too broad and did not specify who specifically he must stay at least 100 feet away from, as called for in the order.

Okum ruled on April 17 that the initial order, which he noted was oral rather than written, would be suspended until an evidentiary hearing takes place in which Capital Pride will need to present evidence justifying the need for such an order.   

“I’m fine with scheduling a hearing at which the plaintiff can present evidence, and the defendant can present evidence,” Okum said. “But I’m not fine with just continuing this oral TRO [Temporary Restraining Order] that Mr. Pasha really doesn’t even have notice of. That seems unfair,” he said.

After asking both Pasha and Capital Pride Alliance Attorney Nick Harrison when they would be available for the evidence hearing, Okum set the date for April 27 at 11 a.m. in Superior Court. 

The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.

The complaint was accompanied by a separate motion seeking a restraining order, preliminary injunction, and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”

In his initial ruling in February, Okum issued an order requiring Pasha to stay at least 100 feet away from Capital Pride staff, board members, and volunteers until the April 17 status hearing. He reduced the stay-away distance from the 200 yards requested by Capital Pride.

Pasha, who has so far represented himself in court without an attorney, has argued in multiple court filings and motions that the Capital Pride stalking allegations are untrue. In his initial 16-page response to the complaint, Pasha said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.

“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha’s court response states. 

At the April 17 hearing, Okum also ruled that, as standard procedure for civil complaints such as this one, he has ordered both parties to enter into court-supervised mediation to attempt to reach a settlement rather than go to trial.  

In an earlier ruling Okum denied Pasha’s request for a jury trial, stating that civil cases such as this must undergo a trial with the judge determining the verdict under existing civil court statutes.

The April 17 court hearing was held in a courtroom at the courthouse, but as allowed under current court rules, Capital Pride attorney Harrison and Capital Pride official June Crenshaw participated virtually through a video connection. Pasha attended the hearing in the courtroom. 

“This matter is proceeding through the court in the normal course,” Capital Pride released in a statement. “We look forward to presenting the relevant evidence at the scheduled hearing. Capital Pride Alliance remains committed to maintaining a safe and respectful environment for our staff, volunteers, and community, and to addressing concerns through appropriate channels.”

“This is clearly a case of retaliation,” Pasha told the Blade after the hearing. “Today the judge removed the stay-away order and asked Capital Pride Alliance to present enough evidence and examples to see if a stay-away order should be granted,” he said. “Because Pride is coming up in June, we need to see where this is going.”

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District of Columbia

Gay D.C. police lieutenant arrested on child porn charges

Matthew Mahl once served as head of LGBT Liaison Unit

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Matthew Mahl (Washington Blade file photo by Michael Key)

D.C. police announced on April 14 that they have placed one of their lieutenants, Matthew Mahl, on administrative leave and revoked his police powers after receiving information that he was arrested in Maryland one day earlier.  

Although the initial D.C. police announcement doesn’t disclose the reason for the arrest it refers to a statement by the Harford County, Md. Sheriff’s Office that discloses Mahl has been charged with sexual solicitation of a minor and child porn solicitation.

“On Tuesday, the Harford County Sheriff’s Office contacted MPD’s Internal Affairs Division shortly after arresting Lieutenant Matthew Mahl,” the D.C. police statement says.

“The allegations in this case are extremely disturbing, and in direct contrast to the values of the Metropolitan Police Department,” the statement continues. “MPD’s Internal Affairs Division will investigate violations of MPD policy once the criminal investigation concludes,” it says.

“MPD is not involved in the criminal investigation and was not aware of the investigation until yesterday,” the statement adds.

Mahl served as acting supervisor of the MPD’s then Gay & Lesbian Liaison Unit in 2013 when he held the rank of sergeant. D.C. police officials placed him on administrative leave and suspended his police powers that same year while investigating an undisclosed allegation.

A source familiar with the investigation said Mahl was cleared of any wrongdoing a short time later and resumed his police duties. Around the time he was promoted to lieutenant several years later Mahl took on the role as chairman of the D.C. Police Union, becoming the first known openly gay officer to hold that position.

NBC 4 reports that Mahl, 47, has served on the police force for 23 years and most recently was assigned to the department’s Special Operations Division.

Records related to Mahl’s arrest filed in Harford County District Court, show Sheriff’s Department investigators state in charging documents that he allegedly committed the offenses of Sexual Solicitation of a Minor and Child Porn Solicitation on Monday, April 13, one day before he was arrested on April 14.   

The court records show he was held without bond during his first appearance in court on April 14. A decision on whether he would be released while awaiting trial or continue to be held without bond was scheduled to be determined during an April 15 bond hearing. The outcome of that hearing could not be immediately determined.  

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Maryland

Evan Glass is leaning on his record. Is that enough for Montgomery County’s top job?

Gay county executive candidate pushing for equitable pay, safer streets, and cleaner environment

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Montgomery County Council member Evan Glass, center, speaks to attendees of a meet and greet event at Poolesville Memorial United Methodist Church. (Photo by Meredith Rizzo for the Baltimore Banner)

By TALIA RICHMAN | During a meet-and-greet at Poolesville Memorial United Methodist Church, Evan Glass got his loudest applause of the night with a plan he acknowledged was decidedly unsexy.

“Day one, I’ll hire a director of permitting services,” the county executive candidate said.

Doing so, he added, is a step toward easing the regulatory burdens that can stifle small businesses in Montgomery County.

The only problem? At least one of his fiercest competitors is making a similar pledge.

The rest of this article can be read on the Baltimore Banner’s website.

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