Connect with us

Local

Lawyer: Va. marriage ban necessary for ‘procreation’

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

Published

on

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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

District of Columbia

Activists, policy makers mark Celebrate Bisexual Day in D.C.

BiPlus Organizing US hosted event at HRC

Published

on

Adrian Shanker, senior advisor for LGBTQI+ health equity in the U.S.Department of Health and Human Services’ Office of the Assistant Secretary for Health, speaks at a Bisexual Awareness Day event at the Human Rights Campaign on Sept. 23, 2023. (Washington Blade photo by Cal Benn)

BiPlus Organizing US on Saturday hosted a Celebrate Bisexual Day event at the Human Rights Campaign.

Fiona Dawson, co-founder of BiPlus Organizing US, and Mélanie Snail, committee member of the organization, emceed the event. HRC Senior Vice President of Diversity, Equity, Inclusion and Belonging Rebecca Hershey welcomed attendees. 

Heyshey discussed her journey as a bisexual, mixed race, Jewish woman. Hershey paraphrased Adrienne Maree Brown, stating “change is coming, we are creating change.” 

PFLAG Learning and Inclusion Manager Mackenzie Harte gave a presentation on the history of bisexual identities, defined terms surrounding gender and sexuality and went over statistics of discrimination and health disparities that bisexual individuals face.

Harte’s presentation noted 48 percent of bisexual individuals reported an annual income of less than $30,000, compared to 30 percent of gay men, 39 percent of lesbians and 28 percent of all adults in the U.S. 

Harte went on to say 28 percent of bisexual students report having attempted suicide; and bisexual people have a higher risk of mood disorders, substance abuse and mental illness than their lesbian, gay, or straight cohorts. Bisexual people of all genders face higher rates of sexual assault than those same peers. One reason for these statistics is isolation: 39 percent of bisexual men and 33 percent of bisexual women report not being out to any health care provider, and only 44 percent of bisexual youth report having an adult they could turn to if they were sad. 

Harte also spoke about the Bisexual Manifesto, which the Bay Area Bisexual Network wrote in 1990. 

“The bisexual manifesto very intentionally was not binary,” Harte said.

They said the text works against the stigma and stereotypes that claim bisexuality is confined to “male, female.” 

Tania Israel, a bisexual advocate and psychology professor at the University of California, Santa Barbara, shared some of her bisexual haikus, which she calls, “bikus.”

Dawson moderated the next panel.

Panelists included Nicole Holmes, a bisexual advocate and public health professional, National Center for Transgender Equality Communications Director Leroy Thomas and NCTE Policy Counsel Kris Tassone. 

The panel talked about how shame and stigma drive the statistics that negatively impact the bisexual community. Another word that came up as a driving force was “intersectionality.” 

Holmes said that when it comes to intersectionality, it’s important to not just “list identities,” but to look deep into “the purpose behind why we are talking about intersectional identities” in the first place.

Adrian Shanker, senior advisor on LGBTQ+ Health Equity for the U.S. Department of Health and Human Services, spoke about health equity for the bisexual community. 

“Striving for health equity remains a core priority. It also remains an unmet dream,” said Shanker. “Queer people have always had to be our own health advocates.” While health equity may not be here yet, Shanker says there is much in the works for the LGBTQ community, bisexuals specifically. 

Shanker cited a National Cancer Institute funding opportunity that invites research proposals to cancer care for sexual and gender minorities, stating bisexual specific proposals are welcome. The impending potential government shutdown may postpone it. 

The Biden-Harris administration is also working to ban so-called conversion therapy at the federal level. Additionally, 988, the national suicide prevention hotline, began a program to offer specialized support for LGBTQ youth and young adults last year. 

Shanker said bisexual people should prioritize preventative screenings for skin cancer, oral cancer, lung cancer, regular cervical and anal pap tests, mammograms, prostate exams and colonoscopies. 

“If you have a body part, get it screened,” said Shanker. 

Megan Townsend, senior director of entertainment research and analysis for the GLAAD Media Institute, did a presentation on bisexual representation in the media and opportunities for advancement. 

 “I want to see bi+/pan colors displayed on the White House,” said Dawson. “I want every national LGBTQIA+ organization to be talking about us, to put our concerns front and center.”

The data presented can be found here.

Continue Reading

Delaware

Flight attendants union endorses Sarah McBride

Del. lawmaker would be first transgender member of Congress

Published

on

Delaware state Sen. Sarah McBride speaks at the LGBTQ+ Victory Fund National Champagne Brunch in D.C. on April 10, 2022. (Washington Blade photo by Michael Key)

Delaware congressional candidate Sarah McBride has earned the support of the Association of Flight Attendants, the nation’s most prominent flight attendant union.

It’s the second big labor endorsement for McBride after the United Food and Commercial Workers Local 27’s endorsement. The Association of Flight Attendants praised her for spearheading efforts to bring paid family and medical leave to Delaware, which will take effect in 2026. 

“Sarah’s record in the Delaware Senate shows that she understands how to work collaboratively, build power and make big things happen,” the union’s president, Sara Nelson, wrote in a press release shared exclusively with the Washington Blade. “That’s the kind of leader we need in Congress, and we’re proud to endorse her candidacy.”

McBride also announced her support for creating a list of abusive passengers and banning them from flying. Each airline has a list of passengers banned from flying, but airlines don’t share the lists with each other, though Delta Air Lines has asked them, because of “legal and operational challenges,” as a representative for the airline industry trade group Airlines of America told a House committee in September 2021.

“Right now, someone can be violent towards a flight attendant or another passenger and walk directly off of that flight and onto one with a different airline to endanger more people,” an Association of Flight Attendants spokesperson wrote in a statement. 

The Protection from Abusive Passengers Act would put the Transportation Security Administration in charge of building the database of passengers fined or convicted of abuse and has bipartisan support but has sat idly in committee since March. It failed to pass last year, and civil rights groups including the American Civil Liberties Union have charged that the list would disproportionately target people of color and strip and a better step to reducing hostility would be making flights more comfortable. Reports of defiant and unruly passengers have more than doubled between 2019, before the COVID-19 pandemic, and 2022.

“I thank the Association of Flight Attendants for endorsing our campaign,” McBride wrote in the press release. “It’s important that we recognize and celebrate the symbiotic relationship between strong, unionized workforces and the continued growth of employers here in our state.”

The union representing 50,000 flight attendants across 19 airlines is putting pressure on airlines to grant union demands in contract negotiations. At American Airlines, unionized flight attendants voted to authorize a strike — putting pressure on the airline to accede to its demands. Flight attendants at Alaska Airlines say they are ready to strike but have not voted to authorize one yet. United Airlines flight attendants picketed at 19 airports around the country in August, ratcheting up the pressure. 

The union’s endorsement adds to a growing list of McBride endorsements, including 21 Delaware legislators, the United Food and Commercial Workers, the Human Rights Campaign, EMILY’s List, and Delaware Stonewall PAC. McBride, who would be the first openly transgender politician in Congress, has powerful connections in Washington — including with the White House — and is favored to win Delaware’s lone House seat. 

A poll commissioned by HRC shows her leading the pack of three candidates vying for the seat — 44 percent of “likely Democratic voters” told pollster company Change Research, which works with liberal organizations. The poll of 531 likely Delaware Democratic primary voters, though, was conducted only online — meaning those with less familiarity or access to the internet may not have been counted — and Change Research’s methodology for screening likely voters is unclear. The company also did not provide a breakdown of respondents by age, gender, and race, but says it uses an algorithm to make the results representative.  

Nelson said McBride’s time in Delaware’s state Senate shows her prowess in building power and working collaboratively.  

“That’s the kind of leader we need in Congress, and we’re proud to endorse her candidacy,” she wrote.

Continue Reading

Virginia

Lawsuit seeks to force Virginia Beach schools to implement state guidelines for trans, nonbinary students

Va. Department of Education released new regulations in July

Published

on

(Bigstock photo)

Two parents in Virginia Beach have filed a lawsuit that seeks to force the city’s school district to implement the state’s new guidelines for transgender and nonbinary students.

NBC Washington on Friday reported Cooper and Kirk, a D.C.-based law firm, filed the lawsuit in Virginia Beach Circuit Court.

The Virginia Department of Education in July announced the new guidelines for which Republican Gov. Glenn Youngkin asked. Arlington County Public Schools, Fairfax County Public Schools and Prince William County Schools are among the school districts that have refused to implement them. 

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular