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Virginia same-sex marriage ruling appealed

Federal judge on Feb. 13 struck down gay nuptials ban

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Virginia, Norfolk, same-sex marriage, marriage equality, gay marriage, gay news, Washington Blade

Virginia, Norfolk, same-sex marriage, marriage equality, gay marriage, gay news, Washington Blade

Same-sex marriage supporters attended a candlelight vigil outside the federal courthouse in Norfolk, Va., on Feb. 3. (Photo courtesy of Casey Hartman)

A federal judge’s ruling that struck down Virginia’s same-sex marriage ban was appealed on Monday.

Norfolk Circuit Court Clerk George Schaefer appealed U.S. District Judge Arenda L. Wright Allen Feb. 13 ruling to the 4th U.S. Circuit Court of Appeals in Richmond. Prince William County Circuit Court Clerk Michèle McQuigg has also appealed the decision.

The state on Monday filed filed its own notice of appeal that Attorney General Mark Herring hopes will expedite the case.

“Throughout this process I have maintained that the law requires equal treatment for same-sex couples,” said Herring in a statement. “Although the court agreed with the commonwealth’s position that the state’s ban on same-sex marriage is unconstitutional, I have filed a notice of appeal to ensure that higher courts can swiftly rule on the critical issues in this case, consistent with my commitment to the rule of law.”

Tim Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield last year filed a lawsuit against Virginia’s same-sex marriage amendment that voters in 2006 approved by a 57-43 percent margin.

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)

The Family Foundation of Virginia, the National Organization for Marriage, former Attorney General Ken Cuccinelli and state Del. Bob Marshall (R-Prince William County) are among those who criticized Allen. A handful of same-sex marriage opponents last week protested outside the Norfolk school her child attends.

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 subsequently denied a request from Marshall and 29 other state lawmakers to appoint a special counsel to defend the marriage amendment.

“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 judge with the assistance of our own attorney general,” said Family Foundation of Virginia President Victoria Cobb after Allen issued her ruling.

Judge Michael F. Urbanski of the U.S. District Court for the Western District of Virginia in Harrisonburg last week held a hearing in class action lawsuit challenging the commonwealth’s gay nuptials ban to determine whether oral arguments are necessary in the case since Herring is no longer defending the marriage amendment. The American Civil Liberties Union, the ACLU of Virginia and Lambda Legal last August filed the lawsuit on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in the Old Dominion.

Neighboring Maryland is among the 18 states and D.C. that have extended marriage rights to same-sex couples.

Gays and lesbians in West Virginia, Utah, Pennsylvania, Florida, Alabama, 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 month announced she will no longer defend her state’s same-sex marriage ban in court.

A federal judge on Feb. 12 ruled Kentucky must recognize gay nuptials legally performed in other jurisdictions. U.S. District Judge Sharon Johnson Coleman on Feb. 21 said same-sex couples in Illinois’ Cook County, where Chicago is located, could immediately begin to tie the knot even though the state’s same-sex marriage law does not take effect until June.

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 public safety personnel. This mandate applies to Virginia and the 31 other states that have yet to allow gays and lesbians to marry.

Same-sex marriage bans in West Virginia, North Carolina and South Carolina could be found unconstitutional if the 4th U.S. Circuit Court of Appeals upholds Allen’s ruling. Former U.S. Solicitor General Ted Olson and other lawyers who are representing Bostic and London and Schall and Townley expect the U.S. Supreme Court may ultimately decide the case.

“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Blade before Allen heard oral arguments in the 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.”

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District of Columbia

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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District of Columbia

Capital Stonewall Democrats set to celebrate 50th anniversary

Mayor Bowser expected to attend March 20 event

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Mayor Bowser is expected to attend the Capital Stonewall Democrats 50th gala. (Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.   

 A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.

“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.

Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.

Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.

He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.

Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.

Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.

 “Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”

The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.

Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the  International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C.  Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.

Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th

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Maryland

Md. Legislative LGBTQ+ Caucus outlines 2026 priorities

Expanded PrEP access among objectives

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State Del. Ashanti Martinez (D-Prince George's County) has introduced a bill that would expand PrEP access in Maryland. (Washington Blade photo by Michael Key)

Maryland’s Legislative LGBTQ+ Caucus outlined legislative priorities for the remainder of the General Assembly’s 2026 term during a press conference on March 5.

State Del. Kris Fair (D-Fredrick County) led the press conference. State Del. Ashanti Martinez (D-Prince George’s County) and other caucus members also spoke.

Caucus members are sponsoring 12 bills and supporting four others.

Martinez is sponsoring House Bill 1114, which would expand PrEP access in Maryland.

“PrEP is 99 percent effective in preventing HIV transmission,” he explained, noting PrEP’s cost often turns away potential users. 

The bill aims to extend insurance coverage and expand pharmacists’ ability to prescribe PrEP along with other HIV treatments and testing. Martinez is working with state Sen. Clarence Lam (D-Anne Arundel and Howard Counties) and FreeState Justice on the bill. 

The House Health Committee had a hearing last week that included HB1114. 

“Ending the HIV epidemic is about expanding access and providing these life-saving tools to all persons in Maryland,” Martinez said. 

Several other pieces of legislation were highlighted during the press conferences. They included measures focused on youth and education, birth certificate markers, so-called conversion therapy, and hormone medications. 

State Sen. Cheryl Kagan (D-Montgomery County) is cosponsoring Senate Bill 950, which would update and strengthen conversion therapy laws. State Del. Bonnie Cullison (D-Montgomery County) has introduced an identical bill that would extend the statute of limitations on individuals who facilitate conversion therapy.

Kagan explained the bill would allow conversion therapy victims to come to terms with their experience undergoing the widely discredited practice that “creates shame and it silences survivors.” 

When questioned, Fair explained the press conference happened late into the legislative session because “we [the caucus] are constantly having to respond in real time to what’s happening in Washington” while drafting and considering pieces of legislation. 

The Frederick County Democrat described this session’s bills as the “most ambitious list of priorities to date.” Fair also described the caucus’s goals.

“It’s decency, it’s dignity, and its humanity,” he said.

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