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Plaintiffs in Va. case prepare for day in court

‘We want to be married’

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Carol Schall, Mary Townley, gay marriage, same-sex marriage, marriage equality, Virginia
Carol Schall, Mary Townley, gay marriage, same-sex marriage, marriage equality, Virginia

Carol Schall (left) with Mary Townley and their daughter Emily. (Washington Blade photo by Michael Key)

Two same-sex couples who have filed a lawsuit against Virginia’s same-sex marriage ban told the Washington Blade on Monday they simply want the commonwealth to legally recognize their relationships.

“We want to be married,” said Tony London of Norfolk, who has been with his partner, Timothy Bostic, for 25 years. “It’s important to us as Virginians that we get married in the state that we love and this is a state we’ve called home for so long.”

Bostic and London last July filed a federal lawsuit against Virginia’s constitutional amendment that defines marriage as between a man and a woman after the Norfolk Circuit Court denied their application for a marriage license. Carol Schall and Mary Townley, a Chesterfield couple who has been together for 30 years, joined the case in September.

Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia in Norfolk will hold oral arguments in the lawsuit on Tuesday. A snowstorm postponed the hearing that had been scheduled to take place on Jan. 30.

“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Blade. “When one of us is sick or when one of us needs surgery or when health care is an issue, we need to be there for each other. And 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.”

Schall and Townley, who have been together for 30 years, married in California in 2008.

The women’s 16-year-old daughter Emily joined them and Bostic and London at a D.C. press conference last September where the American Foundation of Equal Rights announced Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court, had joined their case.

“’You know mom, I think it’s cool what you guys are doing,’” said Schall as she recalled the conversation she and Townley had with their daughter as they drove home from the nation’s capital after the press conference. “’I would be there no matter what.’”

Bostic, who is an assistant English professor at Old Dominion University in Norfolk, told the Blade his neighbors in the neighborhood in which he and London have lived for 17 years have been “extremely supportive” of them. Schall, who is an assistant professor at the Virginia Commonwealth University School of Education in Richmond, said her 80-year-old father told her earlier on Monday to “go get em’ kid; don’t let anybody stand in your way.”

“We’re just a family – we go out to Martin’s to shop and Target and all of that,” Townley, who works at Health Diagnostic Laboratory in Richmond, told the Blade as she discussed how her colleagues and others with strong religious beliefs have supported her and Schall’s decision to challenge Virginia’s marriage amendment. “It’s an amazing transformation for them. It’s a really nice feeling for them and for us.”

Virginia voters in 2006 approved the marriage amendment by a 57-43 percent margin.

Schall was a canvasser for Equality Virginia, a statewide LGBT advocacy group, when state lawmakers were debating whether to put the issue on the ballot.

“As the election results came in, [I was] just feeling really overwhelmingly sad that my friends and neighbors had voted against me,” she said.

Bostic told the Blade he and London also “fought very hard against” the marriage amendment.

“It really did feel like a repudiation by our friends and neighbors,” said Bostic, noting a majority of Norfolk voters did not support the gay nuptials ban. “Why should I have to ask for this right? Why is this fight even here? I’m a citizen.”

Attorney General Mark Herring on Jan. 23 announced he would not defend the marriage ban.

The Republican-controlled Virginia House of Delegates on Monday overwhelmingly approved a bill that 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. Governor Terry McAuliffe last week denied a request from Marshall, Gilbert and 28 other lawmakers to appoint a special counsel to defend the marriage amendment.

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.

“Having the attorney general on our side just greatly amplifies our efforts to bring fairness and full rights to gay and lesbian couples all across the commonwealth,” London, a real estate agent and U.S. Navy veteran, told the Blade. “We have a very strong case and look forward to succeeding and I believe we will.”

Schall said she and Townley “are prepared” to hear attorneys who are representing the defendants in their case – Prince William County Circuit Court Clerk Michèle McQuigg and Norfolk Circuit Court Clerk George Schaefer – discuss their relationship “maybe in not so much complimentary ways.” Their daughter is also expected to attend the oral arguments with a close family friend.

“At the end of the day, we are just so regular and typical,” Schall told the Blade. “People who fuss about this just really don’t understand this is just about being in love.”

Bostic had a similar view.

“Tony is my soul mate,” he said. “I don’t think that there’s anybody out there–gay or straight–that would have a difficult time understanding our desire to marry our soul mates.”

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Equality Loudoun hosts its first Pride celebration

‘Our plans for next year are going to be bigger, bolder’

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A scene from Loudoun Pride on Saturday. (Washington Blade photo by Michael Key)

A year after a controversial brawl between parents and administration officials regarding the implementation of trans-friendly policies in public schools in Loudoun County, Va., a local LGBTQ organization hosted its inaugural Pride festival in solidarity with the area’s LGBTQ community.

“Pride means a chance to show this county that the loud voices who have been standing against LGBTQ equality do not represent the voices of [everyone] in the [county],” said Cris Candiace Tuck, president of Equality Loudoun. “[A lot of us] here believe in equality.”

Equality Loudoun hosted its Pride celebration on June 26 at Claude Moore Park in Sterling, Va. 

When planning for Pride month festivities, the organization designed the events to reflect the diverse interests and identities of Loudoun County’s queer population. There was a wide collection of vendors selling Pride merchandise, advocacy non-profit organizations and musical acts featured on the main stage. 

There was also a “Loudoun Pride Drag Stage” event where the “hottest of Loudoun Royalty” showcased their musical talents. 

“We want everyone to … recharge emotional batteries that have been drained,” said Tuck.

Planning Equality Loudoun’s Pride festival did not come without its fair share of surprises. Initially, the organization had planned for a smaller event. However, when more individuals began showing interest, the organization was forced to switch to a bigger venue to allow more vendors to attend.

“We had many vendors call in and we had to turn a [number] away,” said Tuck.

The organization planned its festivities in 90 days, two weeks during which it raised $45,000 — three times as much as it had originally expected.

Equality Loudoun has its sights set on getting LGBTQ community members and allies connected to the resources the organization offers through education and health advocacy.

“Pride [will always be] a celebration of our heritage,” said Tuck. “It’s a moment to recognize what we have gained and lost.”

Tuck said that ideas for next year are already underway.

“Our plans for next year are going to be bigger, bolder and brighter,” he said.

Click HERE to see more photos from the event.

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Comings & Goings

Cummings joins White House Office of National Cyber Director

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John Cummings

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]

Congratulations to John Cummings on joining the Office of the National Cyber Director at the White House as Director of Supply Chain and Technology Security. Upon getting the position, he said, “I am beyond thrilled to join the growing team at the National Cyber Director’s Office and bring my experience to our mission of mitigating the cyber threats facing our nation and ensuring every American can enjoy the full benefits of the digital ecosystem. It is truly a privilege to work with this incredibly brilliant and collegial group of cyber experts.” 

Prior to joining the White House, Cummings served as Associate General Counsel at the Office of the Director of National Intelligence (ODNI). Before that role, he served as interim Chief Counsel for ODNI’s National Counterintelligence and Security Center and as Associate General Counsel for the Office of the Inspector General of the Intelligence Community.

He has provided legal advice and counsel on matters of government-wide and interagency policy and national security in the areas of executive authority, cyber, constitutional law, civil rights and civil liberties, legislative affairs, and international cooperation. He has worked on recruiting LGBTQ, women, and minority applicants for government roles in national security and is experienced in public relations, stakeholder relationships, and international partnerships. 

Cummings began his career clerking for the Honorable Ivan L.R. Lemelle, U.S. District Court for the Eastern District of Louisiana, and also clerked for the House Committee on Homeland Security and the American Bar Association’s Standing Committee on Law and National Security.

He attended Villanova University where he received a bachelor’s degree in English. He earned his J.D. from Loyola Law, New Orleans, and his LL.M. in National Security Law from Georgetown Law.

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Maryland

Abortion rights in post-Roe Maryland, Delaware

Practice generally legal, with some restrictions

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Maryland Gov. Larry Hogan (Public domain photo)

The U.S. Supreme Court on Friday overturned Roe v. Wade, which in 1973 found that the decision to receive an abortion was generally protected by the Constitution of the United States. With the broadest federal protection of abortion access now rescinded, the legality of abortion will by and large be determined on the state level.

In Delaware, abortion is legal through the Medical Practice Act — but with some restrictions.

After fetal viability, or the point where a fetus can survive outside the uterus, abortion in the First State becomes illegal unless necessary for the patient’s “life or health,” or if the fetus has a condition “for which there is not a reasonable likelihood” that it will survive outside the uterus, according to Subchapter IX of the act

Additionally, under the state’s Parental Notice of Abortion Act, physicians cannot perform a surgical abortion on minors under the age of 16 unless the patient’s parent or guardian has received at least 24 hours notice from a medical professional. Notice is not required for nonsurgical abortions.

On the federal level, the funding of abortion is illegal through the 1977 Hyde Amendement “except in cases of life endangerment, rape or incest,” according to the Guttmacher Institute, a sexual and reproductive rights advocacy organization. States are only federally required to fund abortions that meet these conditions through federal-state Medicaid programs. 

While some states also fund abortions deemed medically necessary regardless of whether they endanger a patient’s life, Delaware state law does not extend beyond federal guidelines: The state only funds abortions in cases of life endangerment, rape or incest.

Abortion legislation in Delaware mirrors neighboring Maryland, whose laws include similar restrictions on abortion after fetal viability and abortion for minors under the age of 16. But abortion laws in these states are generally more restrictive than other mid-Atlantic counterparts, such as New Jersey and New York.

Maryland Gov. Larry Hogan (R) weighed in on the state’s abortion law on Friday.

“In 1992, Maryland voters approved a constitutional referendum legalizing and protecting access to abortion as a matter of state law – that measure remains in effect today following the Supreme Court decision in Dobbs v. Jackson. I swore an oath to uphold the Constitution and the laws of Maryland, and that is what I have always done and will continue to do as governor.”

The impact of Roe v. Wade’s fall in Delaware remains uncertain. While the abortion rate in Delaware steadily declined between 2014 and 2017, recent findings show that instances of abortion are increasing once again in the state, reflecting a rise on the national level.

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