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ACLU, Lambda Legal seek to join Virginia marriage lawsuit

Groups’ case against state gay nuptials ban certified class action

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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

Lambda Legal and the ACLU on Wednesday petitioned a federal appeals court to intervene in a case that challenges Virginia’s same-sex marriage ban. (Photo courtesy of Casey Hartman)

The American Civil Liberties Union and Lambda Legal on Wednesday petitioned a federal court that is poised to hear a lawsuit challenging Virginia’s same-sex marriage ban to join the case.

The two groups – which filed their own federal lawsuit against the commonwealth’s constitutional amendment that bans nuptials for same-sex couples last August on behalf of two lesbian couples from the Shenandoah Valley – submitted a brief with the 4th U.S. Circuit Court of Appeals in Richmond to join a separate lawsuit brought by Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield last year.

U.S. District Judge Arenda L. Wright Allen’s Feb. 13 ruling in the Bostic case was appealed to the federal appellate court earlier this week.

“From the beginning, both of these cases have proceeded on parallel tracks, and for the good of all couples in the state, we hope it will remain that way,” said Joshua Block, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “This motion just ensures that all affected couples have their day in court.”

U.S. Circuit Judge Michael F. Urbanski late last month certified the Lambda Legal and ACLU lawsuit filed on behalf of Victoria Kidd and Christy Berghoff of Winchester and Joanne Harris and Jessica Duff of Staunton as a class action. Urbanski earlier this month said he would not hold oral arguments in the case – and he is expected to issue his ruling in the coming weeks.

“Marriage is a fundamental right of all Virginians,” said Claire Guthrie Gastañaga, executive director of the ACLU of Virginia. “That’s why it’s important that all couples in both cases be represented in the appeals court at the same time.”

Former U.S. Solicitor General Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court last year, are among the lawyers representing Bostic and London and Schall and Townley.

Virginia Attorney General Mark Herring last month announced he will not defend the commonwealth’s marriage amendment that voters in 2006 approved by a 57-43 percent margin.

“The Bostic case is extremely well positioned heading into the Fourth Circuit,” American Foundation for Equal Rights Executive Director Adam Umhoefer told the Washington Blade in a statement. “The district court issued an order that, if it is affirmed, will ensure that all gay and lesbian Virginians who wish to marry, or to have their marriage recognized, can do so.”

Herring’s spokesperson, Michael Kelly, declined to specifically comment on the Lambda Legal and ACLU request to join the Bostic case.

“Attorney General Herring’s priority remains ensuring that higher courts have an opportunity to hear this case as quickly as possible to settle the fundamental issues it presents,” said Kelly.

Matthew D. McGill, co-counsel for the plaintiffs in the Bostic case, questioned why the two groups petitioned the 4th U.S. Circuit Court of Appeals to join the Bostic case.

“The addition of new parties to the case at this late stage risks delaying the proceedings, and there is not a moment to lose when gay and lesbian couples and families across Virginia – and other states in the Fourth Circuit – are experiencing real harm,” said McGill. “We hope the Harris plaintiffs and their lawyers will continue to support our shared goal of marriage equality by filing an amicus brief alongside us.”

A source involved in the legal process who asked to remain anonymous told the Blade there are “grave and serious consequences for an unwarranted ACLU intervention.” These could include the possibility that other groups from West Virginia, North Carolina and South Carolina that fall under the 4th U.S. Circuit Court of Appeals’ jurisdiction could seek to join the case if allowed.

“If intervention were granted, it could adversely slow down the current appeals process – and time is critical when it comes to attaining marriage equality for all Virginians,” said the source. “There is not a day to lose. Groups like the ACLU can be supportive by simply filing amicus briefs.”

“We are eager for the Fourth Circuit to move ahead swiftly in the Bostic case,” added Umhoefer. “Any delay in the appeals process means that gay and lesbian couples and their families will continue to suffer prolonged harm under unjust laws. We welcome the ACLU to participate as amicus curiae in the case.”

James Esseks, director of the ACLU’s Lesbian Gay Bisexual Transgender and AIDS Project, told the Blade the plaintiffs in the Harris case and their lawyers have been “appointed as representatives of a class of 14,000 same-sex couples in Virginia.” He added the motion to intervene in the Bostic lawsuit are to “do right” by the thousands of gays and lesbians in Virginia who are either married in another jurisdiction or want to exchange vows in the commonwealth.

“This is not about an either or thing,” Esseks told the Blade, noting the Bostic case is not a class action. “This is about an and thing.”

Greg Nevins of Lambda Legal echoed Esseks.

“There still are a lot of moving parts in this,” Nevins told the Blade. “We’ll eventually just do what we can to do the best on this particular case. No one knows where the chips are going to fall.”

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Virginia

DOJ seeks to join lawsuit against Loudoun County over trans student in locker room

Three male high school students suspended after complaining about classmate

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Loudoun County Public Schools building. (Washington Blade photo by Michael Key)

The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.

The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”

“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”

“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.

Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.

The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.

The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”

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District of Columbia

Capital Pride announces change in date for 2026 D.C. Pride parade and festival

Events related to U.S. 250th anniversary and Trump birthday cited as reasons for change

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A scene from the 2024 Capital Pride Festival. (Washington Blade file photo by Emily Hanna)

The Capital Pride Alliance, the D.C. based group that organizes the city’s annual LGBTQ Pride events, has announced it is changing the dates for the 2026 Capital Pride Parade and Festival from the second weekend in June to the third weekend.  

“For over a decade, Capital Pride has taken place during the second weekend in June, but in 2026, we are shifting our dates in response to the city’s capacity due to major events and preparations for the 250th anniversary of the United States,” according to a Dec. 9 statement released by Capital Pride Alliance.

The statement says the parade will take place on Saturday, June 20, 2026, with the festival and related concert taking place on June 21.

“This change ensures our community can gather safely and without unnecessary barriers,” the statement says. “By moving the celebration, we are protecting our space and preserving Pride as a powerful act of visibility, solidarity, and resistance,” it says.

Ryan Bos, the Capital Pride Alliance CEO and President, told the Washington Blade the change in dates came after the group conferred with D.C. government officials regarding plans for a number of events in the city on the second weekend in June. Among them, he noted, is a planned White House celebration of President Donald Trump’s 80th birthday and other events related to the U.S. 250th anniversary, which are expected to take place from early June through Independence Day on July 4.

The White House has announced plans for a large June 14, 2026 celebration on the White House south lawn of Trump’s 80th birthday that will include a large-scale Ultimate Fighting Championship (UFC) event involving boxing and wrestling competition.  

Bos said the Capital Pride Parade will take place along the same route it has in the past number of years, starting at 14th and T Streets, N.W. and traveling along 14th Street to Pennsylvania Ave., where it will end. He said the festival set for the following day will also take place at its usual location on Pennsylvania Avenue, N.W., between 2nd Street near the U.S. Capitol, to around 7th Street, N.W.

“Our Pride events thrive because of the passion and support of the community,” Capital Pride Board Chair Anna Jinkerson said in the statement. “In 2026, your involvement is more important than ever,” she said.

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District of Columbia

Three women elected leaders of Capital Pride Alliance board

Restructured body includes chair rather than president as top leader

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Capital Pride Alliance announced three women will lead its board. (Washington Blade file photo by Michael Key)

The Capital Pride Alliance, the D.C.-based group that organizes the city’s annual LGBTQ Pride events, announced it has restructured its board of directors and elected for the first time three women to serve as leaders of the board’s Executive Committee.

 “Congratulations to our newly elected Executive Officers, making history as Capital Pride Alliance’s first all-women Board leadership,” the group said in a statement.

 “As we head into 2026 with a bold new leadership structure, we’re proud to welcome Anna Jinkerson as Board Chair, Kim Baker as Board Treasurer, and Taylor Lianne Chandler as Board Secretary,” the statement says.

In a separate statement released on Nov. 20, Capital Pride Alliance says the restructured Board now includes the top leadership posts of Chair, Treasurer, and Secretary, replacing the previous structure of President and Vice President as the top board leaders.

It says an additional update to the leadership structure includes a change in title for longtime Capital Pride official Ryan Bos from executive director to chief executive officer and president.

According to the statement, June Crenshaw, who served as acting deputy director during the time the group organized WorldPride 2025 in D.C., will now continue in that role as permanent deputy director.

The statement provides background information on the three newly elected women Board leaders.

 • Anna Jinkerson (chair), who joined the Capital Pride Alliance board in 2022, previously served as the group’s vice president for operations and acting president. “A seasoned non-profit executive, she currently serves as Assistant to the President and CEO and Chief of Staff at Living Cities, a national member collaborative of leading philanthropic foundations and financial institutions committed to closing income and wealth gaps in the United States and building an economy that works for everyone.”

• Kim Baker (treasurer) is a “biracial Filipino American and queer leader,” a “retired, disabled U.S. Army veteran with more than 20 years of service and extensive experience in finance, security, and risk management.”  She has served on the Capital Pride Board since 2018, “bringing a proven track record of steady, principled leadership and unwavering dedication to the LGBTQ+ community.” 

• Taylor Lianne Chandler (Secretary) is a former sign language interpreter and crisis management consultant. She “takes office as the first intersex and trans-identifying member of the Executive Committee.” She joined the Capital Pride Board in 2019 and previously served as executive producer from 2016 to 2018.

Bos told the Washington Blade in a Dec. 2  interview that the Capital Pride board currently has 12 members, and is in the process of interviewing additional potential board members. 

“In January we will be announcing in another likely press release the full board,” Bos said. “We are finishing the interview process of new board members this month,” he said. “And they will take office to join the board in January.” 

Bos said the organization’s rules set a cap of 25 total board members, but the board, which elects its members, has not yet decided how many additional members it will select and a full 25-member board is not required.

The Nov. 20 Capital Pride statement says the new board executive members will succeed the organization’s previous leadership team, which included Ashley Smith, who served as president for eight years before he resigned earlier this year; Anthony Musa, who served for seven years as vice president of board engagement; Natalie Thompson, who served eight years on the executive committee; and Vince Micone, who served for eight years as vice president of operations.

“I am grateful for the leadership, dedication, and commitment shown by our former executive officers — Ashley, Natalie, Anthony, and Vince — who have been instrumental in CPA’s growth and the exceptional success of WorldPride 2025,” Bos said in the statement.

“I look forward to collaborating with Anna in her new role, as well as Kim and Taylor in theirs, as we take on the important work ahead, prepare for Capital Pride 2026, and expand our platform and voice through Pride365,” Bos said.

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