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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 Virginiaā€™s same-sex marriage ban.

Ted Olson and David Boies, who successfully argued against Californiaā€™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 commonwealthā€™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.

ā€œAs 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,ā€ said Olson. ā€œVirginiaā€™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.ā€

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,ā€ said Herring in a statement after he left the courthouse. ā€œI 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.ā€

Lawyers with the Alliance Defending Freedom who are representing Prince William County Circuit Court Clerk MichĆØle 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 McDonnellā€™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.

ā€œThese 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,ā€ said Victoria Cobb, president of the Family Foundation of Virginia. ā€œThey are also frustrated that theyā€™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.ā€

Cobb joined former Virginia lieutenant gubernatorial candidate E.W. Jackson, Josh Duggar of the TLC series ā€œ19 Kids and Countingā€ 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.

ā€œWe want to be married for the happy times, but we need to be married for the sad times,ā€ Schall told the Washington Blade on Monday during an interview with her and Townley and Bostic and London. ā€œVirginia 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.ā€

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 measureā€™s sponsors ā€” state Dels. Bob Marshall (R-Prince William County) and Todd Gilbert (R-Shenandoah County) ā€” 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 ā€œsoon.ā€

ā€œWe want to be married,ā€ London told the Blade on Monday. ā€œItā€™s important to us as Virginians that we get married in the state that we love.ā€

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Comings & Goings

Charles Roth joins board of Pride Bands Alliance

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Charles Roth

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].Ā 

Congratulations to Charles Roth on his appointment to the board of directors of the Pride Bands Alliance, the national and international organization for LGBTQ bands. On his appointment Roth said, ā€œI am beyond humbled, and excited, to join the Board of Directors of Pride Bands Alliance at the national / international level for LGBTQ+ band organizations.  The mission of promoting diversity, inclusivity, community, and pride through music is something I have always held very close to my heart.  I very much look forward to working with this amazing organization and team, to keep that visibility alive and well, and to help foster and expand it even more across our country.ā€

Roth is the 2025 Guest Drum Major for The Queer Big Apple Corps, and former Marching Band Artistic Director for D.C.ā€™s Different Drummers. Under his leadership, DCDD expanded its presence in and around our nationā€™s capital, featuring high-profile performances including at the National Cherry Blossom Festival Parade, Smithsonian Institute, World Pride 2019, and two special appearances at the Naval Observatory, home of Vice President Kamala Harris. He is the Team DC LGBTQ Student Athlete Scholarship Chair, and board member.  He is a band director in Alexandria City Public Schools, and teaches middle school band at a Title I, International Baccalaureate School, where he built an award-winning program.  

Congratulations also to Amira McKee and Chinanu Okoli, named by The Association of LGBTQ+ Journalists as recipients of the 2024 Phillips-Green Family Scholarship. These scholarships provide financial assistance to two CONNECT participants to support their participation in the CONNECT Student Journalism Training Project, and help launch their careers as young journalists.

“We are so excited to be partnering with the Phillips-Green Family Fund,” said NLGJA Executive Director Adam Pawlus. “Thanks to their generosity, we are thrilled to continue our support for young journalists whose work exemplifies our mission of creating a fairer and more diverse field of journalism.” 

The CONNECT Student Journalism Training Project provides real-world, hands-on experience to students or recent graduates pursuing a career in journalism. The Phillips-Green Family Fund aims to provide organizations with financial assistance that work toward the education and well-being of women, children, and families. Their support helps make it possible for students in financial need to participate in our CONNECT program.

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District of Columbia

A D.C. AIDS story: ā€˜I couldnā€™t have survived without you guysā€™

Old friends reunite as mystery of Kilbourne Place memorial stones is solved

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Three gay men are memorialized in stones placed along Kilbourne Place in Mount Pleasant. (Blade photo by Michael Key)

ā€˜Red Reminds Meā€™
Seven videos reflecting the spectrum of living with HIV
Sunday, Dec. 1, 4-9 p.m.
David Bethuel Jamieson Studio House at Walbridge
3229 Walbridge Place, N.W.
Washington, D.C.
Reserve free admission on Eventbrite

In the tradition of my family, funerals are not somber affairs cloaked in black garb. We call them ā€œcelebrations of lifeā€ where through our tears we laugh and reminisce about the dead. At the end, we all gather either in the basement of a church or a matriarchā€™s house where over a spread of rich, decadent food, we rejoice in the fact that our dead relative shed the chains of their flesh and transcended to the next phase. With bellies full, the kids run outside and play with each other and the adults would drink and trade stories. The repast is my fondest memories of childhood. It was a time when I could see family members separated by distance and eat collard greens simmered in smoked turkey and mac and cheese so cheesy that it solidified into a brick when cold. 

Never would I have imagined that a repast would occur at Don Juanā€™s on the corner of Mt. Pleasant and Lamont. Instead of collard greens and mac and cheese, I dined on cheese pupusas with curtido. This occasion solidified the importance of a chosen family. While none of us were related by blood, we were related through one thread: AIDS. The story of the Kilbourne Memorial Stones is an AIDS story in which through unraveling the lives of Robert Rockershousen, Jakob Efsen, and Charles Winney, we received a glimpse into the impact of AIDS within D.C.ā€™s gay community. A community that is often overshadowed by New York City and San Francisco when the early years of the epidemic are discussed.

When the Blade published my story ā€œUnraveling mystery of the Kilbourne Place memorial stonesā€ in August of 2023, Charles Winneyā€™s story was still untold. What I did find out about him was through scouring public records but, no one stepped up to eulogize him. My friend, Peter Stebbins, knew of my struggles to locate a source for Charles and motivated me to continue fighting for him. In June of this year, I told Peter that I knew of Charlesā€™s partner, Larry Martin, who lives in Provincetown, Mass. Between the years of 2022 and 2023, I reached out to Larry through multiple means, but I received no response. Peter being a Provincetown regular since the 1980s, was adamant that he knew someone who knew Larry and could get him in contact with me. I cautioned Peter that this might not have been a good idea. I interpreted Larryā€™s silence as not wanting to reopen an old wound.

Undeterred, Peter found a mutual friend on Facebook and reached out to Larry; 48 hours later, a relationship formed between Larry and me. Through phone conversations and in-person interviews, he brought me into the world of Larry & Chuck (Charles). From their beginnings as a young couple in Baltimore through their years on 1747 Kilbourne Place, they built an intricate and intimate web of community that reminded me of the communal affection I received from my family. There was this sense of ā€œthrough thick and thinā€ that allowed them to stand in the gap for others within their community that were affected by AIDS. Larry told of how he and Chuck used to host dinners and care for those who were dying. They did it because they cared, and it was important to their identity as gay Christians to be of service of others.

In our many conversations, Larry alluded to the identity of who placed the stones. He hinted at the fact that it was a communal effort, and it wasnā€™t some lone solitary figure. Excitedly, I wanted to immediately put the story out, but he suggested for me to wait until he brought in his two friends, Mark Lambert and John Koran. Mark was Chuck and Larryā€™s roommate on Kilbourne Place. He was one quarter of the ā€œGolden Girls,ā€ which consisted of Mark, his friend Robbie, Larry, and Chuck. Together, they hosted large parties on the property that included parties for Pride. John was Robertā€™s best friend and roommate. Like Larry, I reached out to John through multiple avenues, but we did not connect.

Within a week, we were sitting at Don Juanā€™s drinking and breaking bread. While it was my intention to keep the group interview as formal as possible, I became enraptured in the camaraderie and nostalgia that permeated the air. Among these men with their graying hair and wrinkles, I again felt like that kid at the repast listening in on the adults. Larry officiated in a manner that was reminiscent of a patriarch. He corralled us all together in a group chat and laid the foundation for us to gather. Although the initial goal was to find out more information about Chuck, that moment laid bare the reality that these men belonged to a fraternity where they were hazed by the devastation of the AIDS epidemic. They are AIDS survivors.

Allowing these men to convene and break bread in fellowship was a way to finally eulogize Chuck and also a way for them to have a repast for Jake and Robert. Their banter and inside jokes brought forth a youthfulness and exuberance that almost moved me to tears on a few occasions. They became the adults in my family who drank their liquor and slapped their knees in laughter as they reminisced about the good olā€™ days. While the men gave their eulogies, it was revealed that Larry, John, and a few others decided to lay down the Kilbourne Memorial Stones. It was decided that now that these men were together, we should walk down to the stones and take photos. 

The men stood in front of the stones and on the porch of 1747 Kilbourne Place and they continued to laugh and tell stories while I snapped photos. We eventually parted ways and as I waited on the corner for a car to pass, I turned around and looked at the men for what may be the very last time. They were walking with their arms wrapped around each other like brothers. The scene reminded me of a discussion that was had at the dinner table less than an hour before. I asked the men if they believed their lives as gay men would be different during the epidemic if they didnā€™t have the support of each other. They all agreed in unison that their friendship was instrumental in their survival and Larry said among the nodding of heads, ā€œI couldnā€™t have survived without you guys.ā€

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District of Columbia

D.C. Health Link insurance program makes care for people with HIV free

Deductible, co-payments eliminated under new policy

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D.C. Health Link insurance plans already cover PrEP but a new plan will make all HIV care free. (Photo by Bowonpat/Bigstock)

The executive board of the D.C. Health Benefit Exchange Authority, which arranges for D.C. residents and nonresidents employed in D.C. to obtain health insurance coverage, voted unanimously on Nov. 19 to make the treatment and long-term care of people with HIV free of charge if they are enrolled in one of the authorityā€™s health insurance plans.

D.C. Health Link, an independent D.C. agency created by the Health Benefit Exchange Authority to carry out its health insurance program, announced the new HIV care policy in a Nov. 20 statement.

ā€œMaking HIV care free ā€“ meaning no deductibles, no co-insurance, no copays ā€“ will save lives,ā€ said Diane C. Lewis, chair of the Health Benefit Exchange Authorityā€™s board in the statement.

ā€œStarting in Plan Year 2026, residents enrolled in a D.C. Health Link Essential Plan can get free primary care visits, free laboratory tests, and free generic HIV medication,ā€ the statement says. ā€œVisits that would otherwise cost up to $45 per visit and $55 per lab test will be free,ā€ it says.

ā€œMaking primary care for HIV free will improve health outcomes,ā€ the statement continues, noting that HIV disproportionately impacts communities of color. It points out that in D.C., 71 percent of people living with HIV are Black and 8 percent are Latino.

The statement also points out that nationwide at the end of 2022, ā€œonly 64 percent of the Black population with HIV was linked to care and 53 percent were virally suppressed, meaning their HIV was suppressed through treatment.ā€

In contrast, according to the statement, ā€œ70 percent of the white population with HIV was linked to care and 63 percent were virally suppressed.ā€  

The statement also notes that Whitman-Walker Health, the D.C.-based LGBTQ supportive health care provider and research facility, played an important role in helping the D.C. Health Benefit Exchange Authority develop the free HIV care program.

Mila Kofman, executive director of the D.C. Health Benefit Exchange Authority, explained that the authority created D.C. Health Link as part of D.C.ā€™s participation in the federal healthcare program established by the U.S. Affordable Care Act, which was approved by Congress during the administration of President Barack Obama.

Kofman noted that like programs established by states under the Affordable Care Act, D.C. Health Link arranges for D.C. residents or non-residents who work in D.C. to obtain health insurance plans from private health insurance companies. Among those participating in the D.C. program are United Healthcare, Blue Cross-Blue Shield, and Kaiser Permanente, Kofman said.

Like all private health insurance plans, Kofman said people participating in the plans arranged by D.C. Health Link must pay a monthly premium for their plan. She said the premiums vary based on the amount of coverage participants select in choosing a specific plan and reduced premiums are available for people depending on their income.  

She said that due to the highly complex process for making policy changes for health insurance, which includes a review and approval by the D.C. Insurance Commissioner, the process takes a little over a year to complete. Thus, the new ā€œfreeā€ HIV care coverage will begin Jan. 1, 2026.

According to Kofman, existing D.C. Health Link insurance plans already cover the HIV prevention medication known as PrEP.

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