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Lawyer: Va. marriage ban necessary for ‘procreation’

Anti-gay Alliance Defending Freedom files brief with federal appeals court

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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
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

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.

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District of Columbia

D.C. Black Pride 2025: Events, parties, and empowerment

Annual Black LGBTQ culture, community, and resilience celebration starts Wednesday

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(Washington Blade photo by Michael Key)

Beginning on Wednesday, Washington will host a weekend-long celebration of melanated LGBTQ talent, power, and resilience with the return of D.C. Black Pride. From glamorous balls and dance parties to drag performances and more, the weekend offers something for everyone looking to celebrate Black queer existence.

The Washington Blade sat down with Keyna Hutton, president and CEO of the Center for Black Equity and organizer of D.C. Black Pride, to discuss the event’s current significance and the programming they are most excited about.

While the weekend may appear to be all about parties and celebration, Hutton emphasized that the heart of D.C. Black Pride lies in the connections it fosters.

“I always try to remind people that Black Pride is a safe space for communities, for people that don’t have these kinds of safe spaces where they live,” Hutton said. “People that live in some rural parts of the country, some very conservative spaces, they don’t have a space to be Black and queer. Many don’t have a space that they are able to be their full authentic selves. So Black Pride is that space. D.C. Black Pride creates that space for folks to be able to come to and just be free and live at all your intersections, to be glorified and be appreciated for who you are, as diverse as you are.”

They continued, pointing to the importance of this year’s theme — freedom — especially amid a political climate that remains hostile toward marginalized groups, particularly the transgender community.

“The real root of D.C. Black Pride is about creating a safe space and supporting community,” Hutton said. “If you think about what’s going on right now politically, it is even more important for us to maintain these spaces.”

Despite the external pressures facing the Black LGBTQ community, Hutton made clear that the weekend is also about celebration, especially for those traveling from near and far to be part of it.

“I am very excited for the Mr. & Miss D.C. Black Pride Pageant,” she said. “We have Ts Madison, Monroe Alise, Kerri Colby, Ben Garson, Anthony Oakes, Heather Mahogany, Apple Brown Betty. We have so many Black queer folks and queer allied people that are going to be here taking up space with us, loving up on us, entertaining us, all for free!”

For the first time this year, a free shuttle will run between the Capitol Hilton and official D.C. Black Pride events all weekend long, making it easier than ever to join in the celebration.

D.C. Black Pride party roundup

Weekend-long parties
Supreme Fantasy Weekend Party
All weekend long, the D.C. Black Pride party Supreme Fantasy will be in full swing beginning on May 22. With 12 events across five days, there’s something for everyone! From drinking and dancing to drag and so much more, this five-day celebration will keep the D.C. Black Pride party pumping through May 26. Tickets and additional information for this 21+ event are available at xavierpartydc.com.

Bliss Party Lineup
Celebrate being a Black LGBTQ woman with the Bliss party lineup! From brunches to dance parties to panels, Bliss has something for everyone. For tickets and additional information for this 21+ party series, visit eventbee.com.

Wednesday, May 21
Cocktails & Conversations
Join hundreds of Black queer women as they kick off D.C. Black Pride with a cocktail reception. Grab a drink and settle in at one of Washington’s swankiest cocktail bars, ZOOZ (636 Maine Ave. S.W.), at 7 p.m., and mingle before the weekend gets going. This is a 21+ event. For tickets and more information, visit BlissPride.com.

Thursday, May 22
Welcome to D.C. Happy Hour
Celebrate the beginning of D.C. Black Pride with drinks in the heart of the Dupont gayborhood! From 5-10 p.m. on the rooftop of Decades (1219 Connecticut Ave. N.W.), take in the spring weather and mix with other Black queer folks. For tickets and more information about this 21+ event, visit BlissPride.com.

Mr. & Miss D.C. Black Pride Pageant
Get ready for the ultimate showcase of Black excellence and pride with the Mr. & Miss D.C. Black Pride Pageant! The competition begins at 6 p.m. at the Capital Hilton (1001 16th St. N.W.), celebrating the history, beauty, and diversity of the DMV’s Black drag and entertainment scene. For tickets, visit Eventbrite.

D.C. Black Pride Unity Free Ball
Join the Capitol Ballroom Council for their 9th annual Unity Free Ball at the Capital Hilton (1001 16th St. N.W.). From 9 p.m. to 1 a.m., show off how you embody this year’s theme of “Freedom.” With over 50 categories, there’s something for everyone. Hosts Icon East Coast Father Duante’ Balenciaga, Legendary East Coast Mother Daijah West, Legendary Domo Alpha Omega, and Empress Angel Rose Garcon will ensure the night is unforgettable. For categories, prizes, and free tickets, visit dcblackpride.org.

The Pre-Pregame Act I
Pregame D.C. Black Pride with Daryl Wilson at The Ugly Mug (723 8th St. S.E.). Expect food, drinks, hookah, and more starting at 10 p.m. For tickets, visit dcblackpride.org.

Friday, May 23
Shoot Your Shot & Drink
Date. Dance. Collaborate! Join Lamont White and Tyrice Johnson for a special in-person LGBTQ+ dating experience at North Gate Grill (1001 16th St. N.W.). Tickets available at dcblackpride.org.

D.C. Black Pride Opening Reception
Kick off the 34th annual D.C. Black Pride with award-winning comedian Anthony Oakes as he hosts an evening of music, drag, and more. Queer icons including Ts Madison, Kerri Colby, and Monroe Alise will be in attendance. Festivities begin at 5 p.m. at the Capital Hilton (1001 16th St. N.W.). Free tickets are available at dcblackpride.org.

Host Hotel Welcome Reception
Start the weekend with a party hosted by Daryl Wilson Events at the Capital Hilton, the official host hotel. Beginning at 3 p.m., guests can pick up VIP passes, connect with other attendees, and get into the Pride spirit. More info at dcblackpride.org.

The Pastel Party
Celebrate Black queer womanhood at the Pastel Party at STRAND Nightclub (1400 I St. N.W.). Beginning at 10 p.m., this event offers a vibrant, affirming space. For tickets to this 21+ event, visit BlissPride.com.

Saturday, May 24
D.C. Black Pride Writers Forum
Join Black LGBTQ writers from across the country for a discussion on storytelling, publishing, and politics. Special guests, including Volo Akili (Dear Universe), will be featured. The event begins at 1 p.m. at the Capital Hilton. More info at dcblackpride.org.

Mary Bowman Poetry Slam
Celebrate Black queer voices at the Mary Bowman Poetry Slam at the Capital Hilton. Open mic registration starts at 5:30 p.m., with the show beginning at 6 p.m. Cash prizes will be awarded. More info at dcblackpride.org.

PURE BLISS – The Main Event
Dance the night away with other Black queer women at PURE BLISS, starting at 10 p.m. at Next Level (15 K St. N.E.). Enjoy music, drinks, and community. Tickets are $25 at BlissPride.com.

D.C. Black Pride White Party
Put on your best white outfit and party with the Black queer community at the iconic White Party. Rapper KHIA performs live at Echostage (2135 Queens Chapel Road N.E.), starting at 10 p.m. Tickets available at dcblackpride.org.

Meatloaf Saturday
Join over 5,000 Black queer men across three dance floors with four DJs, go-go dancers, and live performances. Meatloaf Saturday kicks off at 10 p.m. at Public Nightclub (1214 18th St. N.W.). Tickets at dcblackpride.org.

Sunday, May 25
Euphoria: D.C. Black Pride 2025 Closeout – The Finale
Close out Pride weekend with one last rooftop party at Twelve After Twelve (1212 18th St. N.W.) from 4-10 p.m. Celebrate with drinks, dancing, and community in Dupont Circle. Tickets are $15 at dcblackpride.org.

Wet Dreamz Mega Day Party
Join hundreds of Black LGBTQ people at one of the biggest events of the weekend — Wet Dreamz Mega Day Party — at The Bullpen @ Nats Stadium (1201 Half St. N.E.), starting at 5 p.m. Hosted by Daryl Wilson Events. Tickets available at dcblackpride.org.

Sunday Night Super Party
Four floors. Multiple DJs. One unforgettable night. Daryl Wilson’s Sunday Super Party at The Park (920 14th St. N.W.) begins at 10 p.m. and keeps going late. This 21+ event is free to attend. Details at dcblackpride.org.

Tuesday, May 27
WorldPride Black Queer Film Festival
Celebrate the art and impact of Black queer filmmakers with D.C. Black Pride and WorldPride at the three-day Black Queer Film Festival, kicking off at 6 p.m. at Howard University’s Blackburn Digital Auditorium (2397 6th St. N.W.). Free tickets available at dcblackpride.org.

In addition to these events, Thurst Lounge (2214 14th St. N.W.) — D.C.’s only Black-owned LGBTQ lounge — will host nightly celebrations of Black queer excellence. The weeklong celebration, Thurstnik Reloaded, runs from Wednesday through Memorial Day Monday. No cover charge, but a 21+ ID is required.

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Maryland

Wes Moore signs HIV decriminalization bill

Md. law named after Carlton Smith

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Maryland Gov. Wes Moore speaks at the 2024 Democratic National Convention in Milwaukee. A bill that he signed on May 20, 2025, will decriminalize HIV in Maryland. (Washington Blade photo by Michael Key)

Maryland Gov. Wes Moore on Tuesday signed a bill that decriminalizes HIV in the state.

State Dels. Kris Fair (D-Frederick County) and Luke Clippinger (D-Baltimore City) are among the lawmakers who sponsored House Bill 39 or the Carlton R. Smith Act, which is named after the long-time activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in May 2024.

Smith was a member of the Coalition to Decriminalize HIV in Maryland that advocated for the bill. FreeState Justice, a statewide LGBTQ rights group, was also part of the coalition.

“At FreeState Justice, we are proud to stand with advocates, health experts, and lawmakers who worked diligently to advance this bill. The bipartisan support for the Carlton R. Smith Act is a testament to the power of education, research, and courageous leadership,” said FreeState Justice Executive Director Phillip Westry in a statement. “It sends a clear message: Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society.”

Maryland is the fifth state to decriminalize HIV.

North Dakota Gov. Kelly Armstrong, a Republican, in March signed a bill that decriminalized HIV in his state.

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Delaware

Delaware considers enshrining same-sex marriage into state Constitution

Senate Executive Committee will hear testimony on Wednesday

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Delaware state Sen. Russ Huxtable introduced the bill last month. (Washington Blade photo by Daniel Truitt)

Delaware is considering amending its state Constitution to codify same-sex marriage. The bill, SB 100, will be heard in committee on Wednesday. 

SB 100 was introduced in April 2025 by Democratic Sen. Russ Huxtable of the sixth district of Delaware and is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

“[SB 100] really came from the community that I represent and so that was the inspiration behind it, addressing concerns that my constituents have,” Huxtable told the Washington Blade. 

CAMP Rehoboth, an LGBTQ community center and advocacy organization based in Rehoboth Beach, sent a letter to members of the Senate Executive Committee in support of SB 100. 

“We applaud this proactive approach because it ensures that even if federal protections are weakened, same-sex couples in Delaware will retain their rights under Delaware law,” the letter reads. “We believe that doing so NOW is crucial for several reasons, particularly in the context of evolving legal landscapes and the erosion of civil rights long recognized in Federal law.”

CAMP Rehoboth Board President Leslie Ledogar is scheduled to testify at the Wednesday hearing on behalf of CAMP Rehoboth. She hopes to convey how personal this bill is for the organization. 

Ledogar said CAMP Rehoboth has an almost 35-year history of advocating on behalf of LGBTQ people in the state of Delaware. Past Board President Chris Beagle and his husband were among the first couples to be married in Sussex County after same-sex marriage was legalized in the state in 2013, with CAMP Rehoboth hosting the ceremony. 

The letter cited concerns with the possibility of Obergefell v. Hodges being overturned in the future, the landmark 2015 Supreme Court case that guaranteed the right to marry for same-sex couples. 

“We really feel that this is a proactive and protective measure that ensures long-term security for LGBTQ+ couples,” Ledogar said. “While we do have that [protection] now, it could be just that temporary and just that fleeting, and everything we’ve worked for and built could fall apart, not by our own initiative but because of the stroke of a pen.”

The letter details the positive impact that the bill would have on Delaware’s LGBTQ community, such as affirming equality and human dignity, preventing legal backsliding and creating legal certainty and reflecting public support. 

“[SB 100] would align the law with the values of a majority of Delawareans, ensuring that legal frameworks reflect contemporary societal norms and standards,” Ledogar said. 

In 2024, the Public Religion Research Institution found that 61% of Delawareans favor allowing same-sex couples to marry. 

Some critics of the bill cite religious concerns, though SB 100 explicitly protects clergy refusal, saying that “the right to marry regardless of gender does not infringe upon the right to freedom of religion because religious organizations and members of the clergy have the right to refuse to solemnize a marriage.” 

The bill requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state Constitution without a vote of the people. Constituents can register to watch the hearing virtually here.

Other states such as California, Colorado, and Hawaii have introduced and passed similar bills to protect the right of all people of all genders to marry under state law. 

Huxtable said he hopes Delaware can send a message to other states that they can do the same thing and “don’t need to feel the threat from extremists.”  

“I think it’s showing that the General Assembly in Delaware in particular are advocating for good policy celebrating the individual … We’re governing by our values and not our fears.”  

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