A federal judge Thursday struck down Virginia’s constitutional amendment that defines marriage as between a man and a woman as unconstitutional.
“The court is compelled to conclude that Virginia’s marriage laws unconstitutionally deny Virginia’s gay and lesbian citizens the fundamental freedom to choose to marry,” said Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia. “Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country’s cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family.”
Allen, who President Obama nominated to the federal bench in 2010, repeatedly referenced the U.S. Supreme Court’s landmark 1967 ruling that struck down Virginia’s interracial marriage ban in her 41-page decision. She also opened her decision with a quote from Mildred Loving, who publicly backed marriage rights for same-sex couples before her death in 2008.
“Tradition is revered in the commonwealth, and often rightly so,” said Allen. “However, tradition alone cannot justify denying same-sex couples the right to marry any more than it could justify Virginia’s ban on interracial marriage.”
Allen also dismissed arguments made by those who defend Virginia’s same-sex marriage ban that marriage rights for gays and lesbians harms children.
“Of course the welfare of our children is a legitimate state interest,” she said. “Limiting marriage to opposite-sex couples fails to further this interest. Instead, needlessly stigmatizing and humiliating children who are being raised by the loving couples targeted by Virginia’s Marriage Laws betrays that interest.”
Allen’s ruling comes less than two weeks after she heard oral arguments in a lawsuit that Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield filed last year.
“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Washington Blade earlier this month before Wright heard oral arguments in their case. “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.”
Virginia voters in 2006 approved the marriage amendment by a 57-43 percent margin.
Attorney General Mark Herring last month announced he would not defend the amendment.
The Republican-controlled Virginia House of Delegates earlier this month overwhelmingly approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so. Gov. Terry McAuliffe a few days earlier denied a request from 30 state 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.
“This decision is a victory for the Constitution and for treating everyone equally under the law,” said Herring in a statement after Allen issued her ruling in the Bostic case.
McAuliffe also applauded the decision.
“In order to grow our economy and attract the best businesses, entrepreneurs, and families to Virginia, we must be open and welcoming to all who call our commonwealth home,” he said in a statement. “As this case continues through the judicial process, I will enforce the laws currently on the books, but this decision is a significant step forward in achieving greater equality for all of our citizens.”
Former U.S. Solicitor General Ted Olson, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court with David Boies, joined the lawsuit last September with the American Foundation for Equal Rights. Olson said in an AFER press release that Allen’s decision has “upheld the principles of equality upon which this nation was founded.”
“Virginia’s prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status,” he said. “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.”
Equality Virginia Executive Director James Parrish said Wright’s ruling “finally puts Virginia on the path toward allowing lesbian and gay couples to marry the person they love here in the place they call home.”
“This is an historic day in Virginia,” added Parrish.
National Organization for Marriage President Brian Brown blasted Allen.
“This is another example of an Obama-appointed judge twisting the constitution and the rule of law to impose her own views of marriage in defiance of the people of Virginia,” said Brown in a statement.
Brown also again sharply criticized Herring for not defending the commonwealth’s marriage amendment.
“This case also leaves a particular stench because of the unconscionable decision of Attorney General Mark Herring to not only abandon his sworn duty to defend the laws of the state, but to actually join the case against the very people he is duty-bound to represent,” said Brown.
Victoria Cobb, president of the Family Foundation of Virginia, also criticized Herring.
“Regardless of one’s stance on marriage, the people of Virginia were disenfranchised by this ruling as our voice and our vote that amended our Constitution have been rendered meaningless by a single federal judge with the assistance of our own attorney general,” she said.
Neighboring Maryland is among the 18 states and D.C. that have extended marriage rights to same-sex couples.
The Southern Poverty Law Center earlier on Thursday filed a federal lawsuit against Alabama’s same-sex marriage ban on behalf of a gay widower who married his late-husband in Massachusetts in 2011.
A federal judge on Wednesday ruled Kentucky must recognize same-sex marriages legally performed in other states.
Gays and lesbians in West Virginia, Utah, Pennsylvania, Florida, Missouri, Louisiana and other states have filed lawsuits seeking marriage rights in the wake of the U.S. Supreme Court’s landmark decision last June that found a portion of the Defense of Marriage Act unconstitutional. Nevada Attorney General Catherine Cortez Masto earlier this week announced she will no longer defend her state’s same-sex marriage ban in court.
Attorney General Eric Holder on Feb. 10 announced the Justice Department will now recognize same-sex marriages in civil and criminal cases and extend full benefits to gay spouses of police officers and other public safety personnel. This directive applies to Virginia and the 31 other states that have yet to allow nuptials for gays and lesbians.
U.S. Sen. Ted Cruz (R-Texas) earlier on Thursday introduced a bill that would ban the federal government from recognizing same-sex marriages in states that ban gay nuptials.
Allen has stayed her ruling, pending the outcome of an appeal.
UDC hit with anti-trans discrimination complaint
University accused of misgendering student
A female transgender student at the University of the District of Columbia on Aug. 2 filed a discrimination complaint against the university on grounds that it is violating the city’s Human Rights Act by continuing to use her legal name on school documents and class enrollment lists unless she obtains a legal name change.
Emma R. Alexandra, 28, a part-time student who was admitted to UDC in April, states in her complaint filed with the D.C. Office of Human Rights that she informed UDC officials that she was not ready to immediately undertake a legal name change. She states in her complaint that she has repeatedly asked that her chosen name alone be used on all documents and student lists that can be viewed by fellow students and professors.
She said she understands that her legal name may be needed for legal admissions and academic transcript related documents. But to her dismay, Alexandra told the Washington Blade, UDC officials put in place what they consider a compromise position that identifies her on all public university documents and student class lists by both her legal name and her chosen name.
She said the university began and currently continues to identify her by her male legal name with her preferred name written next to her legal name inside parentheses in this way: Legal First Name (preferred name Emma); Legal last name (preferred name Alexandra).
“This is an egregious solution,” Alexandra told UDC President Ronald Mason Jr. in a July 4 email. “This is the name that appears everywhere now,” she wrote Mason. “Most notable, it’s the name that was displayed to my fellow students and professor during the class I took this summer on Blackboard,” she said, which is an online site like Zoom on which UDC conducts classes.
“This effectively outed me as trans to every other student and my professor,” she told Mason. “I assume the same will continue when I go to campus in the fall and get an ID. My ID will have this name and out me to everyone I show it to,” she wrote. “This is completely unacceptable, disrespectful and dangerous.”
Alexandra said she currently works full time as a Web Application Architect for Bloomberg Industry Group as part of its News Engineering team. She said the company is fully accepting of her using her chosen name without obtaining a legal name change. She said she has enrolled at UDC to take courses she needs to qualify for applying to medical school to fulfill her dream of becoming a psychiatrist.
Under longstanding procedures, the D.C. Office of Human Rights investigates discrimination complaints and usually calls on both parties to consider reaching a conciliation agreement over the complaint if possible. If conciliation cannot be reached, OHR makes a determination of whether probable cause exists that discrimination occurred in violation of D.C. law.
If such a determination is made, the case is sent to the D.C. Commission on Human Rights, which conducts a trial-like hearing that includes testimony by witnesses before it issues a ruling on the case.
In response to a question from the Blade about whether a refusal by a D.C. university to use a transgender person’s chosen name violates the Human Rights Act, OHR Director Monica Palacio said OHR cannot provide legal advice on such a question. But in a statement to the Blade, Palacio said for educational institutions, the Human Rights Act prohibits discrimination based on 15 protected characteristics, including gender identity and expression.
OHR’s regulations related to educational institutions “prohibit creating a hostile environment which could include deliberately misgendering a student,” Palacio said. “If anyone believes the statute has been violated, they may file a complaint with OHR,” she said. “OHR investigations are confidential.”
Alexandra said she had yet to receive a direct reply to her email message to Mason as of early this week. But last week she was contacted by phone by an official from the university’s admissions office and from Dr. William Latham, UDC’s Chief Student Development and Success Officer on behalf of Mason.
According to Alexandra, the two explained that her legal name was needed on certain legal documents. She said Latham explained that a software system the university uses to manage student records known as the Banner system, doesn’t support preferred names and currently prevents the school from displaying only her preferred name.
The officials said the university planned to upgrade to a newer version of Banner in October and the new system “may” support using preferred names, Alexandra said.
“Overall, I thought this was a really ridiculous conversation where folks from UDC tried to convince me that they are using my preferred name while also stating that they cannot use my preferred name as it should be used, mostly due to limitations of software,” Alexandra told the Blade. “I don’t think the Human Rights Act has an exception for software systems,” she said.
The Blade contacted UDC President Mason by email on July 20, asking him to comment on Alexandra’s concerns and asking him what, if any, problems would be caused if the university used Alexandra’s chosen name rather than her legal name on the various public, external documents and lists in which her legal name is being used.
“In response to your July 20 email, the Office of the Registrar can enter the student’s preferred name in Banner (via all access screen for faculty and staff awareness), however all official documents, such as the academic transcript, will require the use of the student’s official legal name,” Mason told the Blade in a one-sentence response.
His response didn’t address the issue raised by UDC official Latham in his phone conversation with Alexandra in which Latham said the Banner software system couldn’t currently identify Alexandra only by her chosen name. Mason also didn’t respond to the Blade’s question of why UDC could not adopt a policy like the D.C. Public Schools system, which accepts a request by transgender students to use their chosen name without having to obtain a legal name change.
Alexandra, meanwhile, points out that UDC’s refusal so far to allow her chosen name alone to be used on all public university documents and student lists without her legal name being attached to it appears to be at odds with a May 4 open letter Mason released to the university community expressing strong support for using the appropriate pronouns for transgender and gender non-conforming students.
“The University of the District of Columbia (UDC) strives to be an inclusive campus that supports and values all members of our community, including LGBTQIA+, nonbinary, intersex and gender non-conforming students,” Mason says in his letter.
“Choosing to not use or ignore the pronouns someone has requested you to use implies that person shouldn’t and doesn’t exist and does not deserve respect,” Mason wrote in his letter. “Therefore, we encourage all faculty and staff to use pronouns in their email signatures as an act of solidarity and to foster a culture of respect for every Firebird,” he concludes in referring to the symbolic name used for members of the UDC community.
UDC is governed by a 15-member independent Board of Trustees. Eleven of the members are appointed by the D.C. mayor and confirmed by the D.C. Council. Three are appointed by UDC alumni and one by students, according to information on the UDC website.
LULAC Lambda announces 2021 scholarship awards
Castro, Javier Rodriguez win $1,000 honors
The D.C.-based LGBTQ Latinx organization LULAC Lambda has announced it has selected two D.C. residents bound for graduate studies in foreign affairs and higher education to receive its 2021 annual scholarship award.
“For a fourth year in a row, LULAC Lambda will provide scholarships to outstanding scholars who come from our LGBTQ+ Latinx community,” said Erik Rodriquez, the LULAC Lambda president, in a statement released by the group. “Our scholarship program will help these scholars achieve their academic goals and reduce their student debt,” Rodriquez said.
The statement says one of the two scholarship awards, for $1,000, will go to Brian Castro, who will begin studies for a master’s degree in the fall of 2021 at Georgetown University’s Walsh School of Foreign Service.
“The generous scholarship provided by LULAC Lambda will complement my studies by going directly into my tuition costs,” Castro said in the statement. “Though I have been a resident of Washington, D.C., working full-time at a leading public health consulting firm, I am grateful to have received the support from an organization that is also committed to social justice,” he said.
The other scholarship, for $1,300, will go to Victor Javier Rodriguez for his doctoral work in education at Florida State University. The LULAC Lambda statement says Javier Rodriquez’s academic interest lies in “exploring the relationship between school communities and districts’ implementation of anti-racist practice and student success.”
In his own words, Javier Rodriquez said, “A long-term career goal of mine is to affect change at the federal level through the United States Department of Education, in which I would work to address our nation’s education crisis by advocating for equitable policies and practices that improve the outcome for all our students, especially those who are most vulnerable.”
LULAC Lambda says it was founded in October 2014 “to mobilize and strengthen the LGBTQ+ and Latinx communities of Washington, D.C. through community and civic engagement.” It is one of 1,000 chapters across the country affiliated with the League of United Latin American Citizens (LULAC), the nation’s largest and oldest Latinx volunteer-based civil rights organization, the group’s statement says.
Missing gay man found ‘alive and well’
Police say Richard ‘Rick’ Woods found in good health
D.C. police announced on Friday that Richard G. ‘Rick’ Woods, a 65-year-old gay man who police said was reported missing and last seen on July 14, has been located. But the announcement doesn’t provide information on where he was found or why he went missing.
Friends who know Woods say he operated for many years an antique wood furniture restoration business in various locations in D.C. The most recent location of his business, friends said, was in Georgetown a short distance from where police said he was last seen on the 1600 block of Wisconsin Avenue, N.W.
“MPD does not publicly disclose the circumstances surrounding a missing person and how they are found, however we do release their flyer as well as a notification when they are located,” said D.C. police spokesperson Brianna Burch. “Mr. Woods was found in good health,” Burch told the Blade.
Police sought help from the public in their initial announcement that Woods was missing. The announcement said he was reported missing to police on Friday, July 23.
Logan Circle Advisory Neighborhood Commissioner and LGBTQ rights advocate John Fanning, who said he has been friends with Woods for many years, said he was delighted to hear Woods was found in good condition.
“Rick is known by many in our community,” Fanning told the Blade at the time Woods was reported missing. Fanning said he and others who know Woods stand ready to provide support for him should he be in need of such support.
The Blade couldn’t immediately reach Woods for comment.
Meet 4 candidates vying for 2 Rehoboth commissioner seats
Jenner’s campaign to replace Newsom in recall race in debt
Peru LGBTQ activists express concern over country’s new government
UDC hit with anti-trans discrimination complaint
D.C. Restaurant Week returns
Biden to nominate LGBTQ synagogue rabbi to religious freedom commission
Opinion | Lovitz for Pennsylvania state representative
Gay man who live-streamed anti-government protests in Cuba detained
Some D.C. gay bars to require proof of COVID vaccination
IOC: ‘Trans Women Are Women’ Laurel Hubbard set to make sports history
Sign Up for Blade eBlasts
Sports7 days ago
Canadian soccer player first out Trans and non binary Olympian
Local6 days ago
Judge dismisses lawsuit against Va. school guidelines for transgender students
Politics6 days ago
Bill would create LGBTQ veterans advisory committee at VA
Arts & Entertainment5 days ago
LGBTQ+ ally Jamie Lee Curtis reveals her 25-year-old child is Trans
News7 days ago
House Republican tries to scrub online references to his anti-LGBTQ record
Sports5 days ago
Non-binary Olympian leaves games without a medal but still a winner
a&e features7 days ago
Meet the LGBTQ leaders behind D.C. statehood fight
Politics4 days ago
Biden to nominate LGBTQ synagogue rabbi to religious freedom commission