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Judge hears oral arguments in Va. marriage case

Olson tells court the state’s prohibition ‘cannot stand’

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Josh Duggar, Victoria Cobb, Family Foundation of Virginia, Allison Howard, Concerned Women for America, E.W. Jackson, Norfolk, gay marriage, same-sex marriage, marriage equality, Virginia, gay news, Washington Blade
Josh Duggar, Victoria Cobb, Family Foundation of Virginia, Allison Howard, Concerned Women for America, E.W. Jackson, Norfolk, gay marriage, same-sex marriage, marriage equality, Virginia, gay news, Washington Blade

From left: Josh Duggar, Victoria Cobb of the Family Foundation of Virginia, Allison Howard of Concerned Women for America and EW Jackson take part in an anti-gay marriage rally outside the Norfolk ,Va., federal courthouse on Feb. 4. (Photo courtesy of the Family Foundation of Virginia)

A federal judge in Norfolk, Va., on Tuesday heard oral arguments in a lawsuit that challenges Virginia’s same-sex marriage ban.

Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court, told Judge Arenda L. Wright Allen of the U.S. District for the Eastern District of Virginia the commonwealth’s constitutional amendment that defines marriage as between a man and a woman violates the 14th Amendment. The two men represent Timothy Bostic and Tony London and Norfolk and Carol Schall and Mary Townley of Chesterfield who filed suit against the gay nuptials ban last year.

“As a proud Virginian, I am gratified to represent two loving couples in my home state who want nothing more than to have the state recognize their relationships,” said Olson. “Virginia’s prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status. Laws excluding gay men and lesbians from marriage violate personal freedom, are an unnecessary government intrusion, and cause serious harm. That type of law cannot stand.”

Attorney General Mark Herring, who announced last month he would not defend the marriage amendment, is among those who attended the hearing.

“Today was a very significant day in the journey toward full equality under the law for all Virginians,” said Herring in a statement after he left the courthouse. “I am proud to say that the commonwealth of Virginia stood on the right side of the law and the right side of history today in opposing this discriminatory ban.”

Lawyers with the Alliance Defending Freedom who are representing Prince William County Circuit Court Clerk Michèle McQuigg defended the marriage amendment that Virginia voters approved by a 57-43 percent margin in 2006. Norfolk Circuit Court Clerk George Schaefer tapped attorneys with former Virginia Gov. Bob McDonnell’s Virginia Beach law firm to represent him in the case.

The Family Foundation of Virginia and a group of professors from Regent University and other conservative academic institutions filed amicus briefs with the court in support of the marriage amendment.

“These citizens support marriage as defined by our constitution because they understand and recognize that our children deserve, whenever possible, to have both a mom and a dad,” said Victoria Cobb, president of the Family Foundation of Virginia. “They are also frustrated that they’ve been disenfranchised by an unconscionable and unprecedented decision by the attorney general of Virginia to take a position in court against the marriage amendment.”

Cobb joined former Virginia lieutenant gubernatorial candidate E.W. Jackson, Josh Duggar of the TLC series “19 Kids and Counting” who works for the Family Research Council, Allison Howard of Concerned Women for America and other same-sex marriage opponents who rallied outside the courthouse before the hearing. Roughly 60 LGBT rights advocates and other supporters of nuptials for gays and lesbians attended a candlelight vigil on Monday night.

“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Washington Blade on Monday during an interview with her and Townley and Bostic and London. “Virginia should not be in the business of standing in the way of people wanting to care for each other and take responsibility for each other.”

The hearing took place a day after the Republican-controlled Virginia House of Delegates overwhelmingly approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so.

The measure’s sponsors — state Dels. Bob Marshall (R-Prince William County) and Todd Gilbert (R-Shenandoah County) — are among the 30 lawmakers who asked Gov. Terry McAuliffe to appoint a special counsel to defend the marriage amendment.

The governor, who supports marriage rights for same-sex couples, last week declined to do so.

A federal judge in Harrisonburg on Jan. 31 certified a second lawsuit the American Civil Liberties Union, Lambda Legal and the ACLU of Virginia filed on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in the commonwealth as a class action.

Allen said she would issue her ruling in the AFER case “soon.”

“We want to be married,” London told the Blade on Monday. “It’s important to us as Virginians that we get married in the state that we love.”

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Baltimore

‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore

Hit show raises questions about identity, cultural representation

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(Photo courtesy of Crave HBO Max)

By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.

For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.

In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.

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

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Virginia

McPike wins special election for Va. House of Delegates

Gay Alexandria City Council member becomes 8th LGBTQ member of legislature

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Alexandria City Council member Kirk McPike. (Photo courtesy Alexandria City Council)

Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.  

McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.

He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria). 

Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.

Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.

“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20. 

McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.

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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. moderated a panel at Dupont Underground on Feb. 8. 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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