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Virginia same-sex marriage lawsuit certified as class action

Case brought by two lesbian couples from Shenandoah Valley

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Victoria Kidd, Christy Berghoff, Winchester, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Victoria Kidd, Christy Berghoff, Winchester, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Victoria Kidd and Christy Berghoff of Winchester, Va. (Photo courtesy of the ACLU)

A federal judge on Friday certified a lawsuit that two lesbian couples from the Shenandoah Valley filed against Virginia’s same-sex marriage ban as a class action.

Judge Michael F. Urbanski of the U.S. District Court for the Western District of Virginia in Harrisonburg ruled any same-sex couple in the commonwealth who is not married or legally exchanged vows in another jurisdiction can join the women’s lawsuit.

The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia last August challenged the state’s constitutional amendment that defines marriage as between a man and a woman on behalf of Christy Berghoff and Victoria Kidd of Winchester and Joanne Harris and Jessica Duff in Staunton.

Berghoff and Kidd, who have been together for more than nine years and are raising their young daughter, married in D.C. in 2011. Harris and Duff, who have also been together for nearly a decade and are raising a 4-year-old son, tried to apply for a marriage license in Staunton Circuit Court last July.

“It’s about protecting our family,” said Kidd during a meeting she and other LGBT Virginians attended with state Sen. Jill Holtzman Vogel (R-Fauquier County)’s staffers in Richmond on Jan. 28 that coincided with Equality Virginia’s annual lobby day. “Right now we are separated from so many protections that are enjoyed by other families and we fundamentally don’t feel that the state should be defining family for us.”

Oral arguments in a second lawsuit that two same-sex couples – Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond – filed against the commonwealth’s marriage amendment last year will take place in the U.S. District Court for the Eastern District of Virginia in Norfolk on Tuesday.

Urbanski excluded the plaintiffs in the Bostic case from the class action lawsuit.

“We want to be clear that we’re fighting for families across the state,” said Claire Guthrie Gastañaga, executive director of the ACLU of Virginia. “This marriage ban affects families in a number of different ways by denying them the many protections that come with marriage. It’s important that our case address the many ways that families are hurt by our discriminatory laws.”

Attorney General Mark Herring last week announced he will not defend the marriage amendment that Virginia voters in 2006 approved by a 57-43 percent margin.

A Virginia House of Delegates committee on Jan. 24 approved a bill state Dels. Bob Marshall (R-Prince William County) and Todd Gilbert (R-Shenandoah County) introduced that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so. Pat Mullins, chair of the Republican Party of Virginia, is among those who have said Herring should resign if he refuses to defend the state’s gay nuptials ban.

Gov. Terry McAuliffe on Jan. 27 said he would not appoint a special counsel to defend the marriage amendment after Marshall and 29 other state lawmakers asked him to do so.

Herring’s spokesperson, Michael Kelly, referred the Washington Blade to the attorney general’s previous comments on the state’s same-sex marriage ban when asked about Urbanski’s order.

“This is a key issue that the [U.S.] Supreme Court is going to have to decide,” Herring told the Blade during a Jan. 23 interview. “If the facts were presented to the Supreme Court, they would strike it down. And it’s important that Virginia be on the right side of history and on the right side of the law.”

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Delaware

Milton Pride Fest to take place Saturday

This year’s theme is ‘Small Town, Big Heart’

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(Washington Blade photo by Michael Key)

Milton, Del., will host its Pride Fest this Saturday with the theme “Small Town, Big Heart.” The town’s population of just over 3,000 is in its sixth year hosting Pride. 

The event is hosted by Sussex Pride and Milton Theatre and will take place from 4-8 p.m. in the area surrounding the theater. Admission is pay-what-you-can and proceeds will support the Milton Theatre’s education wing campaign, an initiative dedicated to expanding arts education and creating spaces for the next generation of performers and artists. 

The musical act schedule includes Goldstar at 4 p.m., Magnolia Applebottom and Friends at 5:30 p.m., and Mama’s Blacksheep at 6:45 p.m. There will be vendors, food trucks, and a Kids Fest with an inflatable obstacle course. 

“In our little corner of the world, LOVE leads the way! Milton Pride 2025 is a celebration for EVERYONE — neighbors, families, allies, and friends — because acceptance, kindness, and community belong to us all,” Milton Theatre’s website reads. “Whether you’re here to cheer, learn, or simply feel the joy … you’re welcome exactly as you are. Let’s come together and celebrate Milton, a SMALL TOWN … with a BIG HEART!”

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District of Columbia

Drive with Pride in D.C.

A new Pride-themed license plate is now available in the District, with proceeds directly benefiting local LGBTQ organizations.

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A sample of the license plate with the "Progressive" Pride flag. (Screenshot from the DCDMV website)

Just in time for Pride month, the D.C. Department of Motor Vehicles has partnered with the Mayor’s Office of LGBTQ Affairs to create a special “Pride Lives Here” license plate.

The plate, which was initially unveiled in February, has a one-time $25 application fee and a $20 annual display fee. Both fees will go directly to the Office of Lesbian, Gay, Bisexual, Transgender and Questioning Affairs Fund.

The MOLGBTQA Fund provides $1,000,000 annually to 25,000 residents through its grant program, funding a slew of LGBTQ organizations in the DMV area — including Capital Pride Alliance, Whitman-Walker, the D.C. Center for the LGBTQ Community, and the Washington Blade Foundation.

The license plate features an inclusive rainbow flag wrapping around the license numbers, with silver stars in the background — a tribute to both D.C.’s robust queer community and the resilience the LGBTQ community has shown.

The “Pride Lives Here” plate is one of only 13 specialty plates offered in the District, and the only one whose fees go directly to the LGBTQ community.

To apply for a Pride plate, visit the DC DMV’s website at https://dmv.dc.gov/

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Delaware

Delawareans march in D.C. WorldPride parade

CAMP Rehoboth contingent among marchers

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(Washington Blade photo by Michael Key)

The nation’s capital welcomed WorldPride this past weekend, a massive celebration that usually takes place in a different city every two years. 

The Saturday parade attracted hundreds of thousands of people from around the world and the country. The state of Delaware, a few hours drive from D.C., saw participants in the parade, with CAMP Rehoboth, an LGBTQ community center in Rehoboth Beach, hosting a bus day trip. 

Hope Vella sits on the board of directors and marched with CAMP Rehoboth. Vella said that although the parade took a long time to start and the temperature was hot, she was “on a cloud” from being there. 

“It didn’t matter to me how long it took to start. With the current changes that are in place regarding diversity and inclusion, I wanted my face there,” Vella said. “My life is an intersection. I am a Black woman. I am a lesbian, and I have a disability. All of these things are trying to be erased … I didn’t care how long it took. I didn’t care how far it was going to be. I was going to finish that parade. I didn’t care how hot it was.”

The nearly two mile parade route didn’t feel as long because everyone was so happy interacting with the crowd, Vella said. The group gave out beads, buttons, and pins to parade watchers. 

“The World Pride celebration gave me hope because so many people came out. And the joy and the love that was between us … That gave me hope,” Vella said. 

Vella said that people with disabilities are often overlooked. More than one in four Americans have disabilities, according to the U.S. Centers for Disease Control and Prevention

Vella said it was important for her “to be out there and to be seen in my wholeness as a Black woman, as a lesbian, as a woman with a disability and to not be hiding. I want our society to understand that we exist in LGBTQ+ spaces also.”

Retired Maj. Gen. Tammy Smith is involved with CAMP Rehoboth and marched with a coalition of LGBTQ military members. Smith said they were walking to give transgender military members visibility and to remind people why they are serving. 

“When we are not visible, what is allowed to take our place is stereotypes,” Smith said. “And so without visibility, people think all veterans are conservative and perhaps not open to full equality. Without visibility, they might think a small state with a farming background may be a place that’s unwelcoming, but when you actually meet the people who are from those places, it sets aside those stereotypes and the real authenticity is allowed to come forward.”

During the parade, Smith said she saw trans military members in the parade make eye contact or fist bump with transgender people in the crowd. 

“They were seen. Both sides were seen during that parade and I just felt privileged to be able to witness that,” Smith said. 

Smith said Delaware is a state that is about freedom and equality and is the first state for a reason. The LGBTQ community is engrained as part of life in the Rehoboth and Lewes areas. 

“What pride means to me is that we must always be doing what is necessary to maintain our dignity as a community,” Smith said. “We can’t let what people with negative messaging might be tossing our way impact us and the celebration of Pride. I don’t see it as being self-promoting. I see it as an act of dignity and strength.”

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