Local
Lawyer: Va. marriage ban necessary for ‘procreation’
Anti-gay Alliance Defending Freedom files brief with federal appeals court

A lawyer with the Alliance Defending Freedom argues in a brief submitted to the 4th U.S. Circuit Court of Appeals that Virginia’s same-sex marriage ban is necessary for “procreation.” (Photo courtesy of the Family Foundation of Virginia)
A lawyer for an anti-gay legal group said in a brief filed with a federal appeals court on March 28 that Virginia’s same-sex marriage ban is necessary for the “procreation” of children.
“Redefining marriage harms marriage’s ability to serve those interests by serving marriage’s inherent connection to procreation and communicating that the primary end of marriage laws is to affirm adult desires rather than serve children’s needs, and suppressing the importance of both mothers and fathers to children’s development,” wrote Byron J. Babione of the Alliance Defending Freedom in a brief he filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va., on behalf of Prince William County Circuit Court Clerk Michèle McQuigg.
Babione argued that U.S. District Judge Arenda L. Wright Allen “sought to discredit these procreation- and child-focused purposes for marriage” in her Feb. 13 ruling that struck down Virginia’s constitutional amendment that defines marriage as between a man and a woman.
“Plaintiffs ask this court to use the law’s power to redefine the institution of marriage,” said Babione. “That redefinition would transform marriage in the public consciousness from a gendered to a genderless institution – a conversation that would be swift and unalterable, the gendered institution having been declared unconstitutional.”
Babione also cites the Witherspoon Institute in his brief to make the argument that it is “best for a child to be reared by his or her own mother and father.” The New Jersey-based conservative think tank largely funded Mark Regnerus’ study on the issue that a federal judge earlier this month dismissed as “entirely unbelievable and not worthy of serious consideration” in his ruling that struck down Michigan’s same-sex marriage ban.
“Genderless marriage communicates that marriage exists primarily for the government to approve emotional or romantic bonds, because those sorts of bonds (and not sexual conduct of the type that creates children) would be the prominent feature shared by the couples who marry,” said Babione.
David B. Oakley, who represents Norfolk Circuit Court Clerk George Schaefer, III, in the case, said in a separate brief he filed with the federal appeals court on March 28 that Allen “began her opinion with the misconception that Virginia’s definition of marriage is solely based upon prejudice and animus towards gay and lesbian couples.” She opened her ruling with a quote from Mildred Loving, whose challenge of Virginia’s interracial marriage ban prompted the U.S. Supreme Court to issue its landmark Loving v. Virginia decision in 1967.
Oakley further argued Schaefer and others who issue marriage licenses would “face exposure to additional lawsuits” from those denied them if the 4th Circuit upholds Allen’s ruling.
“Same-sex marriage proponents want to open the door of marriage for their benefit and then slam it shut behind them,” wrote Oakley. “It will not be long before other groups come knocking.”
Court records indicate the Family Research Council on March 26 sought to file an amicus brief in the Bostic case, but the federal appeals court blocked it as “premature.” The Washington Blade was unable to immediately obtain a copy of the filing.
Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield last year challenged the commonwealth’s marriage amendment. The American Civil Liberties Union and Lambda Legal – who filed a separate lawsuit last summer on behalf of Victoria Kidd and Christy Berghoff of Winchester and Joanne Harris and Jessica Duff of Staunton – have been allowed to join the Bostic case.
U.S. District Judge Michael F. Urbanski in January certified the ACLU and Lambda Legal lawsuit as a class action.
The federal appeals court on May 12 is scheduled to hear oral arguments in the Bostic case.
Attorney General Mark Herring earlier this year announced he would not defend Virginia’s marriage amendment that voters in 2006 approved by a 57-43 percent margin.
Briefs from the lawyers who are representing the plaintiffs are due to the court on April 11.
“Our attorneys will review the briefs from the clerks and will respond as appropriate in the brief the commonwealth will file by the April 11 deadline,” Herring spokesperson Michael Kelly told the Blade.
District of Columbia
Gay D.C. police lieutenant arrested on child porn charges
Matthew Mahl once served as head of LGBT Liaison Unit
D.C. police announced on April 14 that they have placed one of their lieutenants, Matthew Mahl, on administrative leave and revoked his police powers after receiving information that he was arrested in Maryland one day earlier.
Although the initial D.C. police announcement doesn’t disclose the reason for the arrest it refers to a statement by the Harford County, Md. Sheriff’s Office that discloses Mahl has been charged with sexual solicitation of a minor and child porn solicitation.
“On Tuesday, the Harford County Sheriff’s Office contacted MPD’s Internal Affairs Division shortly after arresting Lieutenant Matthew Mahl,” the D.C. police statement says.
“The allegations in this case are extremely disturbing, and in direct contrast to the values of the Metropolitan Police Department,” the statement continues. “MPD’s Internal Affairs Division will investigate violations of MPD policy once the criminal investigation concludes,” it says.
“MPD is not involved in the criminal investigation and was not aware of the investigation until yesterday,” the statement adds.
Mahl served as acting supervisor of the MPD’s then Gay & Lesbian Liaison Unit in 2013 when he held the rank of sergeant. D.C. police officials placed him on administrative leave and suspended his police powers that same year while investigating an undisclosed allegation.
A source familiar with the investigation said Mahl was cleared of any wrongdoing a short time later and resumed his police duties. Around the time he was promoted to lieutenant several years later Mahl took on the role as chairman of the D.C. Police Union, becoming the first known openly gay officer to hold that position.
NBC 4 reports that Mahl, 47, has served on the police force for 23 years and most recently was assigned to the department’s Special Operations Division.
Records related to Mahl’s arrest filed in Harford County District Court, show Sheriff’s Department investigators state in charging documents that he allegedly committed the offenses of Sexual Solicitation of a Minor and Child Porn Solicitation on Monday, April 13, one day before he was arrested on April 14.
The court records show he was held without bond during his first appearance in court on April 14. A decision on whether he would be released while awaiting trial or continue to be held without bond was scheduled to be determined during an April 15 bond hearing. The outcome of that hearing could not be immediately determined.
Maryland
Evan Glass is leaning on his record. Is that enough for Montgomery County’s top job?
Gay county executive candidate pushing for equitable pay, safer streets, and cleaner environment
By TALIA RICHMAN | During a meet-and-greet at Poolesville Memorial United Methodist Church, Evan Glass got his loudest applause of the night with a plan he acknowledged was decidedly unsexy.
“Day one, I’ll hire a director of permitting services,” the county executive candidate said.
Doing so, he added, is a step toward easing the regulatory burdens that can stifle small businesses in Montgomery County.
The only problem? At least one of his fiercest competitors is making a similar pledge.
The rest of this article can be read on the Baltimore Banner’s website.
District of Columbia
D.C. bar, LGBTQ+ Community Center to mark Lesbian Visibility Week
‘Ahead of the Curve’ documentary screening, ‘Queeroke’ among events
2026 Lesbian Visibility Week North America will take place from April 20-26.
This year marks the third annual Lesbian Visibility Week, run by the Curve Foundation. A host of events take place from April 20-26.
This year’s theme is Health and Wellness. For the Curve Foundation, the term “lesbian” serves as an umbrella term for a host of identities, including lesbians, bisexual and transgender women, and anyone else connected to the lesbian community.
The week kicks off with a flag-raising ceremony on April 19. It will take place in New York, but will be livestreamed for the public.
“Queeroke” is one of the events being held around the country. It will take place at various participating bars on April 23.
As You Are, an LGBTQ bar in Capitol Hill, is one of eight locations across the U.S. participating. Their event is free and 21+.
On April 24, the D.C. LGBTQ+ Community Center will hold a screening of “Ahead of the Curve,” a documentary about the founder of Curve, Franco Stevens. The event is free with an RSVP.
April 25, is Queer Women in Sports Day. And on April 26, several monuments in New York will be illuminated.
Virtual events ranging from health to sports will be made available to the public. Details will be released closer to the start of Lesbian Visibility Week. Featured events can be found on the official website.
Some ways for individuals to get involved are to use #LVW26 and tag the official Lesbian Visibility Week account on social media posts. People are encouraged to display their lesbian flags, and businesses can hand out pins and decorate. They can also reach out to local lawmakers to encourage them to issue an official Lesbian Visibility Week.
