Local
ACLU, Lambda Legal seek to join Virginia marriage lawsuit
Groups’ case against state gay nuptials ban certified class action


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 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.”
District of Columbia
Gay GOP group hosts Ernst, 3 House members — all of whom oppose Equality Act
Log Cabin, congressional guest speakers mum on June 25 event

U.S. Sen. Joni Ernst (R-Iowa) and three women Republican members of the U.S. House appeared as guest speakers at the June 25 meeting of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican group with that same name.
The U.S. House members who joined Ernst as guest speakers at the Log Cabin meeting were Celeste Maloy (R-Utah), Kat Cammack (R-Fla.), and Julia Letlow (R-La.).
Neither D.C. Log Cabin Republicans President Andrew Minik nor spokespersons for Ernst or the three congresswomen immediately responded to a request by the Washington Blade for comment on the GOP lawmakers’ appearance at an LGBTQ GOP group’s meeting.
“Please join us for an inspiring evening as we celebrate and recognize the bold leadership and accomplishments of Republican women in Congress,” a D.C Log Cabin announcement sent to its members states.
“This month’s meeting will highlight the efforts of the Republican Women’s Caucus and explore key issues such as the Protection of Women and Girls In Sports Act and the broader fight to preserve women’s spaces in society,” the message says.
It was referring to legislation pending in Congress calling for banning transgender women from participating in women’s sports events.
According to media reports, Ernst and the three congresswomen have expressed opposition to the Equality Act, the longstanding bill pending in Congress calling for prohibiting discrimination based on sexual orientation and gender identity in the areas of employment, housing, and public accommodations.
The Log Cabin announcement says the meeting was scheduled to take place at the Royal Sands Social Club, which is a restaurant and bar at 26 N St., S.E. in the city’s Navy Yard area.
D.C. Log Cabin member Stuart West, who attended the meeting, confirmed that Ernst and the three congresswomen showed up and spoke at the event.
“It was a good turnout,” he said. “I would definitely say probably 30 or 40 people attended.” West added, “Four women came to talk to a group of mostly gay men. That’s something you don’t see very often.”
District of Columbia
D.C. police seek public’s help in July 5 murder of trans woman
Relative disputes initial decision not to list case as hate crime

D.C. police are seeking help from the public in their investigation into the murder of a transgender woman who they say was shot to death at about 12:30 a.m. on Saturday, July 5, on the 2000 block of Benning Road, N.E.
But the police announcement of the fatal shooting and a police report obtained by the Washington Blade do not identify the victim, 28-year-old Daquane ‘Dream’ Johnson of Northeast D.C., as transgender. And the police report says the shooting is not currently listed as a suspected hate crime.
It was local transgender activists and one of Johnson’s family members, her aunt, who confirmed she was transgender and said information they obtained indicates the killing could have been a hate crime.
“On Saturday, July 5, at approximately 12:51 a.m., Sixth District officers were flagged down in the 2000 block of Benning Road, Northeast, for an unconscious female,” a July 5 D.C. police statement says. “Upon arrival, officers located an adult female victim suffering from gunshot wounds,” it says.
“D.C. Fire and EMS responded to the scene and transported the victim to a local hospital where after all lifesaving efforts failed and the victim was pronounced dead,” the statement says.
A separate police flyer with a photo of Johnson announces an award of $25,000 was being offered for information leading to the arrest and conviction of the person or persons responsible for the murder.
The flyer identifies D.C. police Homicide Detective Natasha Kennedy as being the lead investigator in the case and says anyone with information about the case should contact her at 202-380-6198.
Longtime D.C. transgender rights advocate Earline Budd told the Blade that one of the police investigators contacted her about the case and that she also spoke to Detective Kennedy. Budd said police confirmed to her that Johnson was a transgender woman.

One of Johnson’s family members, Vanna Terrell, who identified herself as Johnson’s aunt, told the Blade that Johnson used the first name of Dream and had planned to legally adopt that name instead of Daquane but had not gotten around to doing so.
Terrell said she and other family members learned more about the incident when one of two teenage high school students who knew Johnson’s brother contacted a friend and told the friend that they recognized Johnson as they witnessed the shooting. Terrell said the friend then called her to tell her what the friend learned from the two witnesses.
According to Terrell, the witnesses reportedly saw three men approach Johnson as Johnson walked along Benning Road and one of them called Johnson a derogatory name, leading Terrell to believe the men recognized Johnson as a transgender woman.
Terrell said one of the witnesses told the friend, who spoke to Terrell, that the man who shot Johnson kept shooting her until all of the bullets were fired. Budd, who said she spoke to Terrell, who also told her what the witnesses reported, said she believed the multiple shots fired by the shooter was an “overkill” that appears to have been a hate crime. Terrell said she too believes the murder was a hate crime.
In response to an inquiry from the Blade, Officer Ebony Major, a D.C. police spokesperson, stated in an email, “At this point there is nothing in the investigation that indicates the offense was motivated by hate or bias.”
Terrell said a memorial gathering to honor Johnson’s life was scheduled to be held Saturday, July 12, at River Terrace Park, which is located at 500 36th St., N.E. not far from where the shooting occurred.

District of Columbia
LGBTQ voters divided in Ward 8 special election
All four candidates on DC Council seat ballot are allies

Political observers, including LGBTQ activists, believe LGBTQ voters in Ward 8, like most if not all voters in the ward, are divided over which of the four candidates to support in the July 15 special election to fill the ward’s vacant D.C. Council seat.
Each of the four candidates, all of whom are Democrats, including ousted Ward 8 council member Trayon White, who is running to recapture his seat, have expressed support for LGBTQ related issues.
The special election was called earlier this year after the D.C. Council voted unanimously to expel White following his indictment and arrest by the FBI on a federal bribery charge in August 2024.
He has pleaded not guilty to the charge and under D.C. law he can legally run for and regain his council seat until the time he is convicted of the charge. His trial is scheduled to begin in January 2026.
The three candidates challenging White — Sheila Bunn, Mike Austin, and Salim Adofo — are longtime Ward 8 community advocates who have been involved in local government affairs for many years and, according to LGBTQ activists who know them, have been supportive of LGBTQ rights.
White also has a record of supporting LGBTQ issues while serving on the council since 2017. Following his indictment, he won re-election by a wide margin in the November 2024 general election against a lesser-known Republican opponent.
Political observers say White’s indictment on a bribery charge is likely to alienate some of his past supporters, but they say he remains popular in the ward, and with three candidates dividing the opposition vote he could win the election with less than 50 percent of the divided vote count.
Two of the candidates, Bunn and Adofo, responded to a request by the Washington Blade sent to each of the four candidates asking for a statement summarizing their positions on LGBTQ related issues. In their respective statements Bunn and Adofo expressed strong support on a wide range of LGBTQ issues.
“In my nearly 30 years of public service, I have consistently supported the rights and worked to improve the quality of life for the LGBTQIA+ community,” Bunn said in her statement. She noted that much of her work on behalf of LGBTQ rights took place when she served as chief of staff for D.C. Congressional Delegate Eleanor Holmes Norton and as a senior staff member for former D.C. Mayor Vincent Gray.
In his statement, Adofo said he advocated for a wide range of LGBTQ issues, including housing programs for homeless LGBTQ youth and supportive employment training programs for transgender residents.
“At the heart of our platform is a steadfast commitment to uplifting LGBTQ+ communities, ensuring that policy is shaped not just for them, but with them,” his statement says. Adofo’s positions in support of LGBTQ rights are also posted on his campaign website.
GLAA D.C, formerly known as the Gay and Lesbian Activists of Washington, released its ratings of three of the four candidates on June 22, based on its recent policy of basing its ratings mostly on non-LGBTQ specific issues. The group rates candidates on a scale of -10, the lowest possible rating, to +10, its highest rating.
It assigned a rating of +7.5 for Bunn, +6.5 for Austin, and +4.5 for Adofo. In a statement accompanying its ratings, GLAA said each of the three have a record of support on LGBTQ issues, but they lost rating points for not supporting non-LGBTQ related issues deemed important by GLAA.
GLAA said it did not issue a rating for White based on its policy of not rating candidates who are removed from office or resign due to allegations of ethics violations.
The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political group, chose not to make an endorsement in the Ward 8 special election.
“We thought that this is best because this is a special election and in these unfamiliar times, we decided not to take a stand,” Howard Garrett, the group’s president, told the Blade.
Ward 8 gay Democratic activist Phil Pannell is supporting Adofo, he told the Blade, on grounds of Adofo’s strong support on LGBTQ issues and Adofo’s role as the only candidate in the Ward 8 special election who supported Initiative 83, the ballot measure passed by D.C. voters in November 2024 calling for a ranked choice voting system and open D.C. primaries. A lawsuit challenging the initiative filed by the D.C. Democratic Party has delayed its implementation.
Another longtime Ward 8 gay Democratic activist, David Meadows, is supporting Bunn. Meadows cites Bunn’s support for LGBTQ rights and her positions on other issues he supports as his reason for backing her candidacy.
The D.C. Board of Elections website shows that the board mailed ballots for the special election to all Ward 8 registered voters. The website shows that as of July 7, 2,483 voters sent back their ballots by mail or placed them in drop boxes located throughout the ward.
Early in-person voting at several polling places was scheduled to begin July 11, the website says, prior to the official election date of July 15 at all polling places throughout the ward.
Salim Adofo statement on LGBTQ issues:
Our campaign is rooted in the belief that everyone deserves to live with dignity, security, and opportunity. We are committed to building a safer, healthier, and more equitable District for all — where every voice is heard and every community is empowered. At the heart of our platform is a steadfast commitment to uplifting LGBTQ+ communities, ensuring that policy is shaped not just for them, but with them. We recognize that the fight for equity is interconnected, and we prioritize action in the areas that most deeply impact our residents’ daily lives. As [a] council member, I will advocate for healthcare for all, boost funding for HIV/AIDS, Hepatitis, STD, and TB Administration (HAHSTA) programs to address disparities in health outcomes.
• Expand access to care by exempting digital-only telehealth services from the Certificate of Need (CON) process and increasing funding through the Department of Behavioral Health (DBH).
• Build a culturally competent workforce by removing licensure barriers and expanding the pipeline of LGBTQ+ mental health providers.
• Employment and economic equity: sustain workforce development efforts like Project LEAP, a successful investment in economic empowerment for TGD residents.
• Foster public-private partnerships by requiring D.C. HR to work with labor unions and local employers to host trans-affirming job fairs.
• Fund community-led training by supporting programs developed by TGD organizations, modeled after California’s Transgender Economic Empowerment Initiative.
• Housing with dignity: every LGBTQ+ resident deserves stable, affirming, and permanent housing. End youth homelessness with a community-centered strategic plan focused on expanding permanent housing and wraparound services.
• Support inclusive housing by continuing funding for LGBTQ+ housing vouchers and senior housing initiatives.
• Safety and community support: create safe shelters by investing $2 million in a 20-bed LGBTQIA2S+ shelter for survivors of intimate partner violence and sexual assault.
• Empower community organizations with no-cost capacity-building support and streamlined access to D.C. grants for LGBTQ+-serving CBOs.
Sheila Bunn statement on LGBTQ issues:
In my nearly 30 years of public service, I have consistently supported the rights and worked to improve the quality of life for the LGBTQIA+ community.
As chief of staff to Congresswoman Eleanor Holmes Norton, I helped prevent Congress from overturning the District’s 2009 marriage equality bill and worked on removing congressional riders from the District’s budget that prohibited the expenditure of locally raised funds for our needle-exchange program, which has been pivotal in HIV/AIDS prevention.
As part of Mayor Vincent C. Gray’s senior staff, I assisted in launching the District’s transgender employment initiative under the Project Empowerment Program, increasing training and job opportunities for transgender residents. We also employed a member of the transgender cohort in the Mayor’s Office of Community Affairs after their tenure, demonstrating our commitment to the program. I facilitated efforts to end health insurance discrimination based on gender identity with DISB’s 2013 bulletin, ensuring coverage for services like mastectomies and hormone replacement therapy. Additionally, I helped to coordinate Mayor Gray’s first LGBTQIA+ Youth Town Hall to address the concerns of LGBTQIA+ youth and participated in cultural competency training to better support the District’s significant LGBTQIA+ population.
Currently, I am a member of the Capital Stonewall Democrats, actively engaging in Pride events and supporting LGBTQIA+ causes like the DC LGBTQ+ Community Center, a one-stop shop for services and programs with critical social service partners. Through direct outreach to organizations serving the LGBTQIA+ community, I aim to understand and represent their issues effectively. I look forward to collaborating with GLAA, Capital Stonewall Democrats, and other allied organizations to shape legislation and policies that benefit our LGBTQIA+ residents and all District residents.
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