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.
Rehoboth Beach
HISTORIC: Susan Stewart elected Rehoboth’s first out mayor
Thanks LGBTQ supporters and vows to protect city’s small town charm
Residents of Rehoboth Beach elected City Commissioner Susan Stewart with 61% of the vote on Aug. 8, making her the city’s first openly gay mayor.
Stewart beat fellow commissioners Craig Their and Suzanne Goode in the race, as well as newcomer Jake Raak.
The final mayoral vote results were:
- Susan Stewart: 632
- Craig Their: 203
- Suzanne Goode: 177
- William “Jake” Raak: 23
“I’m very grateful because the LGBTQ+ community not only voted for me, but also supported me,” said Stewart.
Stewart said that she is particularly grateful for the support she received on social media from members of the LGBTQ+ community.
“I’ve had incredible support,” said Stewart.
Stewart said that her campaign showed her just how much residents of Rehoboth are engaged and care about the city.
“They really want to see what’s best for the community,” said Stewart.
Stewart spoke about the master planning initiative she has been working on as a commissioner, which she plans to continue as mayor.
“We’ve undertaken rewriting the commercial zoning code, and that’s foundational to the next step of the initiative,” said Stewart.
She said that she was proud of the results of charette week that was held last month where residents and business owners had the opportunity to speak with hired urban planners to give feedback for a zoning code update.
Stewart said that Rehoboth is at a tipping point as the city must find a way to balance the growth of the commercial district while improving the quality of life for residents.
“I don’t believe there needs to be tension between the business community and the residential experience,” said Stewart.
“I’m excited about a new master plan because we have a couple hotels coming, and we also have Clear Space Theatre looking for a new home, and we’re working with them,” said Stewart. “We want businesses to stay here.”
Stewart also said that she aims to embrace the concept of a ‘15-minute city,’ making the city much more accessible in terms of transportation in the downtown area for residents.
“The goal is to protect the small town charm and natural beauty of Rehoboth,” said Stewart. “I want to keep the momentum going.”
The Blade asked Stewart about any concerns she might have working with Commissioner Goode, whom she has criticized for sending inappropriate and offensive emails to city staff. Goode finished a distant third in the mayoral race and her husband fell short in his bid for a Commissioner’s seat. In that race, Jeffrey Goode received 239 votes; Patrick Gossett, who’s gay, received 813 votes and Mark Saunders 852. Saunders and Gossett will be sworn in next month.
“I’m really eager to move past this issue with Commissioner Goode,” said Stewart.
She said that she’s heard ‘loud and clear’ from the city that they want to move past this situation as best as they can while Goode remains in her seat as commissioner.
“There are no mechanisms for us to remove a sitting commissioner. Our laws don’t allow it,” said Stewart.
Stewart clarified that she has always focused on Goode’s behavior toward city staff.
“One thing I feel really passionate about is that the city employees have to know that they are heard. They are real people with real jobs, real professional reputations, and they’ve been harmed,” said Stewart.
The Blade also asked if Stewart had made a final decision on whom she plans to nominate to fill her Commissioner seat.
“I’m considering who to appoint and I have not made any final decisions,” said Stewart.
She noted that, as mayor, she only has the power to nominate a candidate and that the board of commissioners will have the final vote on whom to appoint to the board.
Stewart shared that she has received interest from a number of people and finds that to be a good sign.
“I think that’s a great sign because people want to serve. I’m eager to have someone in that seat who’s smart and has the best interests of the city,” said Stewart.
Stewart will be sworn in during the Board of Commissioners meeting on Sept. 18.
District of Columbia
D.C.’s Mary’s House For Older Adults names new executive director
Charlene Leach to succeed Imani Woody as leader of LGBTQ-supportive seniors home
The board of directors of Mary’s House for Older Adults, the D.C.-based home dedicated to providing affordable housing for LGBTQ seniors, has announced it has named longtime nonprofit organization leader A. Charlene Leach as its new executive director.
Leach, who is now serving in the executive director’s position, is succeeding Dr. Imani Woody, the Mary’s House founding president and CEO, who announced her retirement from her official leadership role at Mary’s House on July 7.
Woody, who holds a PhD in Human Services, is credited with playing the lead role over many years in arranging both city and private funding needed to construct and operate the Mary’s House three-story building located at 401 Anacostia Road, S.E., in the city’s Fort DuPont neighborhood.
“With over three decades of nonprofit experience and 15 years serving as an executive director, Charlene brings a wealth of knowledge in organizational leadership, program development, and community engagement,” the Mary’s House board says in a statement.
“Her proven track record of building impactful programs and leading mission-driven organizations makes her uniquely suited to guide Mary’s House into its next phase of growth,” the statement continues. “Charlene is deeply aligned with the mission of Mary’s House and is committed to advancing its work to provide safe, inclusive housing and supportive services for LGBTQ+ older adults,” it says. “Under her leadership, the organization will continue to expand its impact while remaining grounded in the values that define our community.”
Leach’s LinkedIn page shows she has most recently served since 2022 as executive director of the African American AIDS Task Force in Minneapolis. Prior to that, it shows she served as executive director of the Fredericksburg Area Health and Support Services organization in Fredericksburg, Va., and before that as director of development for the D.C.-Baltimore area Women’s Collective.
Her LinkedIn page says she has been involved with Mary’s House as a volunteer and grant writer since 2016.
The newly built and enlarged Mary’s House, which opened in March 2025, with a grand opening ceremony held in May 2025 attended by D.C. Mayor Muriel Bowser, includes 15 single-occupancy residential apartments and more than 5,000 square feet of shared communal living space.
An earlier statement released by the Mary’s House board announcing Woody’s retirement said Woody would continue to be involved with the organization as a member of the board. The earlier statement and board’s more recent statement on July 29 announcing Leach’s appointment as executive director did not say whether the board plans to name someone else as president and CEO, the title that Woody held before her retirement. But the latest statement says Leach will be running Mary’s House’s day-to-day operations as Woody did.
Virginia
Doug Ollivant to face Eugene Vindman in Va. 7th Congressional District
Republican defeated challengers in Tuesday’s primary
Republican Doug Ollivant will face off against incumbent U.S. Rep. Eugene Vindman (D-Va.) in Virginia’s 7th Congressional District.
Ollivant defeated his Republican opponents in Tuesday’s primary. Vindman ran unopposed.
Vindman in 2024 ran to succeed then-Congresswoman Abigail Spanberger in the U.S. House of Representatives after she ran for governor. Spanberger succeeded Republican Gov. Glenn Youngkin in 2025.
U.S. Sen. Mark Warner (D-Va.) on Tuesday easily won his primary. All other Democratic incumbent members of Congress from Northern Virginia also won their respective primaries.
