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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

Youngkin vetoes bill that would have expanded Va. bullying definition

Bisexual state Del. Joshua Cole introduced House Bill 536

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Republican Virginia Gov. Glenn Youngkin speaks at a CNN Town Hall on March 9, 2023. (Screen capture via CNN)

Virginia Gov. Glenn Youngkin on Friday vetoed a bill that would have added sexual orientation, gender identity and expression to the state’s definition of bullying.

Lawmakers earlier this year approved House Bill 536, which bisexual state Del. Joshua Cole (D-Fredericksburg) introduced. 

“While I agree with the general purpose of the legislation, regrettably, the General Assembly did not approve my amendments,” said Youngkin in a statement. “Those recommendations would have expanded the definition of bullying to encompass all possible motives.”

“School administrators must work to prevent bullying and support our students’ mental health through a healthy learning environment, but the narrow definition provided in the legislation could be interpreted to exclude groups not included in the Virginia Human Rights Act, such as bullying victims raised with traditional values or those who are in foster care,” added the Republican.

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Rehoboth Beach

Selling Rehoboth: Lee Ann Wilkinson wins prestigious real estate award

Longtime agent on beach prices, her LGBTQ allyship, and more

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Lee Ann Wilkinson doesn’t see real estate prices coming down anytime soon at the beach. (Blade file photo by Daniel Truitt)

Longtime Delaware real estate leader Lee Ann Wilkinson of Berkshire Hathaway recently celebrated a major industry award after being named No. 1 in total sales volume for the Berkshire Hathaway HomeServices Network. Wilkinson, a Blade contributor, centers much of her work in the coastal communities of Lewes and Rehoboth Beach. We caught up with her to discuss her long career in real estate, her LGBTQ allyship, and more.

Washington Blade: I learned your parents were in real estate, and you began working with them early on in your career. Did you initially intend to follow in their footsteps? 

Lee Ann Wilkinson: Not really. I majored in art. When I got out of college I couldn’t really find a job. So, my parents said, “You need to come work for us.”

Blade: I understand that as an art history major turned writer. Speaking of that: I know you have written some pieces for the Blade, about real estate trends, and the like. How do you pick your topics for these articles? 

Wilkinson:  People always want to know about real estate. Whether buying a first home, second home, a home to invest or retire in. It amazes even me how much interest there is. And it’s not just people looking to buy a $7 million home on beachfront property. It’s people looking to get something in budget for their family.

Blade: I know you have a lot of work in Rehoboth, the Delaware Valley’s historically gay beachside community. Was there ever a time you were NOT selling property to – I guess it was fair to say 40 years ago – mostly gay men? 

Wilkinson: Ha, I grew up coming down for the summer until my family moved here full-time from Norristown, outside of Philly. We had businesses and family in Rehoboth. I think Rehoboth has always been gay-friendly. We never thought about it. My grandfather had a house in Rehoboth before I was born. The gay population was always welcome.

Blade: Do you have a connection to the LGBTQ community beyond real estate? 

Wilkinson: Absolutely. One of my closest friends is a guy I went to college with at the University of Delaware, Joey. You know, Joey was maybe my first gay friend. In fact, we all went to the Easter Sunrise Service on the beach in Rehoboth. We have gay family members, so I have never thought that much about it being anything different.

Blade: I know you recently won a prestigious award with Berkshire Hathaway and were surprised to come in first place. Why?

Wilkinson: For the past 20 years or so we have been in the top 10. We started doing these national things with Berkshire Hathaway. To get in the top 10 was amazing to me especially going up against states like Florida, New Jersey, not to mention San Francisco or Bay Area agents. I just never thought we’d get to the number one spot. My only issue is — where to go now?

Blade: Where do you make your primary residence? Is that Lewes? Do you see the president on occasion? 

Wilkinson: I haven’t seen him at the beach. But he’s on the bike trail a lot. He pops up having breakfast. He goes to Mass at St. Edmond’s in Rehoboth on Saturday evening. But I’m often too busy with work on weekends to catch sight of him.

Blade: Having been in the industry 40 years, how do you find ways to get excited about your work? 

Wilkinson: I really am passionate about it. I really love a challenge. That’s part of the appeal for this job. I always like matching people with things. I really liked getting people the right bathing suits years ago. Selling, it’s just something I’m good at. I would get customers walking outta’ the store with three or four bathing suits when they only wanted one. 

Blade: Are you considering retiring in the next few years? Or will you always be associated with the industry on some level. Maybe as a mentor or silent partner? 

Wilkinson: Oh, no, I’ll always be involved. Three of my four daughters work for me. I am not retiring anytime soon. And if I did, they would be here to continue it on, and I am sure I’d weigh in.

Blade: So, this is very much a family legacy?

Wilkinson: Yeah. My parents are 87 and 91 now. Some 20 years ago mom predicted we’d see an increase in prices, people moving here, etc. I don’t know how she predicted it but mom is right.

Blade: Any current trends you’re noticing? 

Wilkinson: This cycle of people moving here, and prices increasing, and all the building happening. People think the prices are going to come down, but I don’t see that happening.

Blade: Tell me about that. Are the new building ventures changing the faces of Rehoboth and Lewes? After not visiting the Jersey Shore for over a decade I’ve been going the past few summers to my cousin’s place in Cape May. It’s a trailer on a nicely maintained campground and it’s what she can afford. And, there’s so much building happening there.

Wilkinson: Right? It’s about finding a second home you can afford. And, in terms of building projects, the good thing about Rehoboth and Lewes is they are strict on what you can and can’t build downtown. They aren’t going to tear down homes to build multi-family condos, not yet anyway. In Spring Lake, you are seeing townhomes. So, building is happening and we have some condos, but it’s great to not see “overbuilding” happening in these historically smaller cities.

To learn more about Ms. Wilkinson, or property in Sussex County, DE be sure to look for articles she publishes in the Blade and visit the Lee Ann Wilkinson Group website.

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Local

Blum named director of new LGBTQ program at Carr Center

Program to expand research, training on safeguarding human rights

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Diego Garcia Blum

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].

Congratulations to Diego Garcia Blum on his new position as director, Global LGBTQI+ Human Rights Program, at the Harvard, Carr Center for Human Rights Policy. This new program will expand research and training on safeguarding the human rights of LGBTQI+ people worldwide. It will address the escalating crisis of violence and discrimination against LGBTQI+ individuals globally. The vision is to establish the Carr Center as a key international nexus for LGBTQI+ human rights policy, training, ideas, and dialogue

 “The heart of this program is empowering and supporting the brave LGBTQI+ activists working in challenging and often perilous environments,” Garcia Blum said. “Through our training and high-impact research, we aim to supercharge their efforts.”

Prior to this, he has had a varied and impressive career. Recently he served as a Social Change Fellow at Harvard’s Center for Public Leadership. He worked with the Human Rights Campaign, serving on its Board of Governors. Prior to that, he worked as a nuclear engineer at Orano, a French company. It is described as a global leader in nuclear fuel cycle products and services, from mining to dismantling, conversion, enrichment, recycling, logistics and engineering. He has won many awards for his work and education. The Innovation CORE award at Orano; The Dean Joseph Weil Leadership Award, University of Florida; Most Outstanding Master in Public Policy Student – Ellen Raphael Award, Harvard Kennedy School. 

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