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Lawyer: Va. marriage ban necessary for ‘procreation’

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

Published

12 years ago

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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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Baltimore

Popular Mount Vernon gay bar Leon’s to temporarily close after owner’s death

Ron Singer passed away on July 7

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2 days ago

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July 17, 2026

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Leon’s Backroom Bar in Mount Vernon. (Photo by Jessica Gallagher for the Baltimore Banner)

By WESLEY CASE | Leon’s Backroom, Baltimore’s oldest gay bar, temporarily shut down after service on Wednesday night, according to a post on the business’s Instagram page.

The announcement comes a little more than a week after the death of the Mount Vernon bar’s owner, Ron Singer, who died at 66 on July 7.

The rest of this article can be found on the Baltimore Banner’s website.

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Comings & Goings

New garden center offers array of products in Rehoboth

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2 days ago

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July 17, 2026

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Bay Laurel Home & Garden is located just outside Rehoboth on Route 1.

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 Stuart Ortel and Scott Marker, and Dave Lyons and Rick Hardy, on the recent opening of their garden center on Route 1 in Rehoboth Beach, in the former Farmer Girl site. It is called Bay Laurel Home and Garden and debuted earlier this year. The four owners are all well known to the denizens of Rehoboth Beach. 

Stuart and Scott have been active members of the Rehoboth Beach community since 1999. Stuart is a landscape architect, and has established relationships with many local folks in the building and landscape industry. When this opportunity for Bay Laurel Home & Garden presented itself, and they had the perfect team of people in place, he and Scott were committed to making it a reality. So, when Scott and Stuart introduced this opportunity to create a new garden center to Dave and Rick, they embraced the chance to cultivate a business where beautiful plants, inspiring home and garden products, and outstanding customer service come together. Dave and Rick knew about owning a business in Rehoboth as they previously owned Coho’s Market, where they discovered firsthand the value of serving their community, and the rewards of running a locally owned business. 

The garden center launched with a refreshed brand identity, updated merchandising, and expanded product lines, all designed to create an inspiring and welcoming environment for your home. Bay Laurel Home & Garden offers a beautifully appointed garden center and curated home and gift shop. 

The new center features a full nursery with annuals, perennials, shrubs, trees, and seasonal selections; a garden center offering pottery, fountains, and garden ornamentation, and essential tools and garden supplies. It has a garden shop featuring unique indoor/outdoor furnishings and accessories, and a gift shop featuring botanical and coastal style items for home and entertaining.

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Rehoboth Beach

Celebrate Pride in Rehoboth Beach this weekend

‘A vital space for community, healing, and connection’

Published

5 days ago

on

July 15, 2026

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Rehoboth’s Pride festivities kick off Friday. (Washington Blade file photo by Daniel Truitt)

Pride in Rehoboth Beach is kicking off this week on Friday, July 17, with events happening throughout the weekend.

“Rehoboth Beach Pride is more than a festival — it is a vital space for community, healing, and connection,” said David Mariner, director of Sussex Pride, which organizes many of the events.

The weekend will begin with the Grand Opening & Community Preview from 1-4 p.m. on Friday, July 17, celebrating the opening of Novus Medical Services and the new Sussex Pride Community Center. 

This will be followed by an Interfaith Pride Service at 6 p.m. at the Metropolitan Community Church Rehoboth to gather for healing and the affirmation of queer spirituality with Rev. Carla Christopher, chair of Sussex Pride Faith.

Members of the community are then invited to head over to join the Rehoboth Beach Bears at the Pines to have dinner, mingle, and give back to local initiatives. 

End the first night of Pride in Rehoboth at Diego’s Bar & Nightclub with music by DJ Joey P from 9 p.m.-1 a.m.

Rehoboth Beach Pride Festival will take place on Saturday, July 18, 2026, from 9 a.m.- 3 p.m. inside the Rehoboth Beach Convention Center. A full list of events is available at rehobothbeachpride.org.

Roxy Overbrooke will host on the main stage as live performances take place throughout the day, featuring music from DJ MK and Tribe 9 Entertainment.  

The festival will include educational workshops, community meetups, and a raffle dedicated to raising funds for unhoused LGBTQ+ youth across Delaware. 

Feature workshops include panels discussing topics such as unhoused LGBTQ+ youth in Delaware, the needs of trans and non-binary youth, as well as the increase in HIV and syphilis diagnoses amid federal budget cuts, in a panel moderated by Blade Editor Kevin Naff. 

Saturday night will also feature an evening comedy and entertainment show at the Convention Center presented by the Gay Women of Rehoboth. Performers will include comedians Suzanne Westenhoefer and Karen Mills as well as musician Kristen Merlin. Tickets are available at gaywomenofrehoboth.org. 

The Rehoboth Beach Pride Ride will take place at 10 a.m. on Sunday, July 19, hosted by the Dykes on Bikes Rehoboth Beach Women’s Motorcycle Club, starting at Lefty’s.

Goolee’s Drag Brunch will also take place on Sunday from 12-2 p.m at Goolee’s Grille. This is a family-friendly event hosted by Regina Cox and Ruby, featuring Aurora Sterling, Michelle Leigh Sterling, Scarlet St. Cartier, and Joanna Blue. Tickets can be purchased online. 

Pride in Rehoboth will conclude at 2 p.m. with the official Rehoboth Beach Pride Closing Party at Aqua Bar & Grill, celebrating the venue’s landmark 20th anniversary with DJ Biff until 7 p.m.

Due to an influx of visitors for the summer season, those coming from out-of-town are encouraged to use the Park & Ride.

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