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Judge strikes down Virginia gay marriage ban

Two couples filed lawsuit against gay nuptials ban

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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)

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.

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District of Columbia

Capital Pride files anti-stalking complaint against local LGBTQ activist

Darren Pasha denies charge, claims action is linked to Ashley Smith’s resignation

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Ashley Smith resigned as Capital Pride board president last month. The organization has not commented on whether his decision was related to allegations raised by former volunteer Darren Pasha. (Blade file photo by Michael Key)

Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27 against local LGBTQ activist and former volunteer Darren Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.

The complaint, which was filed in D.C. Superior Court, was accompanied by a separate motion seeking a court restraining order, preliminary injunction and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”

According to online court records, on Oct. 28, a judge issued an “initial order” setting the date for a scheduling conference for the case on Feb. 6, 2026. As of the end of the business day on Friday, Nov. 7, the judge did not issue a ruling on Capital Pride’s request for an injunction and restraining order

The court records show that on Nov. 5 Pasha filed an answer to the complaint in which he denies all allegations that he targeted Capital Pride officials or volunteers for stalking or that he engaged in any other improper behavior.

“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha says in his response, adding that “no credible or admissible evidence has been provided” to meet the statutory requirements for an anti-stalking order.

The Capital Pride complaint includes an 18-page legal brief outlining its allegations against Pasha and an additional 167-page addendum of “supporting exhibits” that includes multiple statements by witnesses whose names are blacked out in the court filing documents.

“Over the past year, Defendant Darren Dolshad Pasha (“DSP”} has engaged in a sustained and escalating course of conduct directed at CPA, including repeated and unwanted contact, harassment, intimidation, threats, manipulation, and coercive behavior targeting CPA staff, board members, volunteers, and affiliates,” the Capital Pride complaint states.

It continues, “This conduct included physical intimidation, unwanted physical contact, deception to gain unauthorized access to events, retaliatory threats, abusive digital communication, proxy-based harassment, and knowing defiance of organizational bans and protective orders.”

The sweeping anti-stalking order requested in Capital Pride’s court motion would prohibit Pasha from interacting in person or online or electronically with “all current and future staff, board members, and volunteers of Capital Pride Alliance, Inc.”

The proposed order adds, the “defendant shall stay at least 200 yards away from the principal offices of Capital Pride Alliance” and “shall stay at least 200 yards away from all Capital Pride Alliance events, event venues, associated activities, and affiliated gatherings.”

The reason for these restrictions, according to the complaint, is that Pasha’s actions toward Capital Pride staff, board members, and volunteers allegedly reached the level of causing them to fear for their safety, become “alarmed, disturbed, or frightened,” or suffer emotional distress as defined in D.C.’s anti-stalking law.

Among the Capital Pride officials who are identified by name and who have included statements in the complaint in support of its allegations against Pasha are Ashley Smith, the former Capital Pride Alliance board president, and June Crenshaw, the Capital Pride Alliance deputy director.

“I am making this declaration based on my personal knowledge to support CPA’s petition for a Civil Anti-Stalking Order (ASO) against Daren Pasha,” Smith says in his court statement. “My concerns about the respondent are based on my personal interactions with him as well as reports I have received from other members of the CPA community,” Smith states.

The Capital Pride complaint against Pasha and its supporting documents were filed by D.C. attorney Nick Harrison of the local law firm Harrison-Stein PC.

In his 16-page response to the complaint that he says he wrote himself without the aid of an attorney, Pasha says the Capital Pride complaint against him appears to be a form of retaliation against him for a dispute he has had with the organization and its then president, Ashley Smith, over the past year.

His response states that the announcement last month by Capital Pride that Smith resigned from his position as board president on Oct. 18 after it became aware of a “claim” regarding Smith and it had opened an investigation into the claim supports his assertion that Smith’s resignation is linked to his year-long claim that Smith tarnished his reputation.

Among his allegations against Smith in his response to the Capital Pride complaint, Pasha accuses Smith of using his position as a member of the board of the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization, to persuade HRC to terminate his position as an HRC volunteer and to ban him from attending any future HRC events. He attributes HRC’s action against him to “defamatory” claims about him by Smith related to his ongoing dispute with Smith.

The Capital Pride complaint cites HRC officials as saying Pasha was ousted from his role as a volunteer after he allegedly engaged in abusive and inappropriate behavior  toward HRC staff members and other volunteers.

 Capital Pride has so far declined to disclose the reason for Smith’s resignation pending an internal investigation. 

In its statement announcing Smith’s resignation, a copy of which it sent to the Washington Blade, Capital Pride Alliance says, “Recently, CPA was made aware of a claim made regarding him. The organization has retained an independent firm to initiate an investigation and has taken the necessary steps to make available partner service providers for the parties involved.”

The statement adds, “To protect the integrity of the process and the privacy of all involved, CPA will not be sharing further information at this time.”

Smith did not respond to a request by the Blade for comment, and Capital Pride has declined to disclose whether Smith’s resignation is linked in any way to Pasha’s allegations. 

The Capital Pride complaint seeks to “characterize me as posing a threat sufficient to justify the issuance of a Civil Anti-Stalking Order (CAO), yet no credible or admissible evidence has been provided to satisfy the statutory elements required under D.C. Code 22-3133,” Pasha states in his response.

“CPA’s assertions fail to establish any such conduct on my part and instead appear calculated to discredit and retaliate against me for raising legitimate concerns regarding the conduct of its former Board President,” he states in his response.

In its complaint against Pasha and its legal memorandum supporting its request for an anti-stalking order, Capital Pride provides a list of D.C. Superior Court records that show Pasha has been hit with several anti-stalking orders in cases unrelated to Capital Pride in the past and has violated those orders, resulting in his arrest in at least two of those cases.

“A fundamental justification for granting the [Anti-Stalking Order] lies in the Respondent’s extensive and recent criminal history demonstrating a proven propensity for defying judicial protective measures,” the complaint states. “This history suggests that organizational bans alone are insufficient to deter his behavior, elevating the current situation to one requiring mandatory judicial enforcement,” it says.

“It is alleged that in or about June 2025, Defendant was convicted on multiple counts of violating existing Anti-Stalking Orders in matters unrelated to Capital Pride Alliance (“CPA”),with consecutive sentences imposed, purportedly establishing a pattern of contempt for judicial restraint,” Pasha states in his court response to the Capital Pride complaint.

“These allegations are irrelevant to the matter currently before the Court,” his response continues. “The events cited are entirely unrelated to CPA and the allegations underlying the petition for a Civil Anti-Stalking Order. Moreover, each of these prior matters has been fully adjudicated, resolved, and dismissed, and therefore cannot serve as a basis to justify the issuance of a permanent Civil Anti-Stalking Order in this unrelated proceeding.”

He adds in his response, “Any reliance on such prior matters is misleading, prejudicial, and legally insufficient.”

The Capital Pride complaint disputes Pasha’s claim that all the prior cases against him were resolved or “dismissed.” The complaint points to at least two cases in which Pasha accepted a plea bargain offer by prosecutors and pleaded guilty to violating an anti-stalking order earlier this year. 

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District of Columbia

‘Sandwich guy’ not guilty in assault case

Sean Charles Dunn faced misdemeanor charge

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Sean Charles Dunn was found not guilty on Thursday. (Washington Blade file photo by Joe Reberkenny)

A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10. 

Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets. 

Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers  standing in front of the shop.

 Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.

 “I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.

 “And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”

The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.

Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured. 

Prosecutors  with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.

“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”

The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1. 

Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom. 

Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.

Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various  provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.

The dispute over the intricacies of  the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.

Court observers have said in cases like this, a jury could have issued a so-called  “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.

DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.

“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.

Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.

Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident. 

“I would like to thank family and friends and strangers for all of their support, whether it  was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.” 

“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.

“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.

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Maryland

Democrats hold leads in almost every race of Annapolis municipal election

Jared Littmann ahead in mayor’s race.

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Preliminary election results from Tuesday show Democrats likely will remain in control of Annapolis City Hall. Jared Littmann thanks his wife, Marlene Niefeld, as he addresses supporters after polls closed Tuesday night. (Photo by Rick Hutzell for the Baltimore Banner)

By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.

Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.

Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”

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

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