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Federal judge stays second Va. marriage lawsuit

ACLU, Lambda Legal allowed to intervene in case before 4th Circuit

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Victoria Kidd, Christy Berghoff, Winchester, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Victoria Kidd, Christy Berghoff, Winchester, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Victoria Kidd and Christy Berghoff of Winchester, Va. (Photo courtesy of the ACLU)

A federal judge on Monday put on hold a lawsuit filed on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in Virginia.

U.S. District Judge Michael F. Urbanski noted in his five-page ruling the 4th U.S. Circuit Court of Appeals in Richmond, Va., last month allowed the American Civil Liberties Union and Lambda Legal – who brought the case on behalf of Joanne Harris and Jessica Duff of Staunton and Christy Berghoff and Victoria Kidd of Winchester – to intervene in a separate same-sex marriage lawsuit filed last year by Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield.

Urbanski in January certified the Harris case as a class action.

“Plaintiffs indicated that their main goal was to have their day in court and to be heard on the important issues raised in this case on the same schedule as the Bostic case,” wrote Urbanski, referring to a status conference in the Harris case that took place on Feb. 19. “As a result of the 4th Circuit’s order on March 10, 2014, allowing plaintiffs to intervene in the Bostic appeal, plaintiffs have the opportunity. Because of this seismic procedural development, the constitutional issue in this case is now in the hands of the 4th Circuit Court of Appeals.”

U.S. District Judge Arenda L. Wright Allen in February struck down Virginia’s constitutional amendment that defines marriage as between a man and a woman.

Norfolk Circuit Court Clerk George Schaefer and Prince William County Circuit Court Clerk Michèle McQuigg, who is represented by the Alliance Defending Freedom, an anti-gay legal group, appealed Wright’s ruling to the 4th Circuit. The federal appeals court is scheduled to begin hearing oral arguments in the Bostic case on May 12.

“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 Circuit on March 28.

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.

“The commonwealth of Virginia will file its response brief in the Bostic appeal by April 11, as will the Bostic plaintiffs and the Harris plaintiffs,” said Herring spokesperson Michael Kelly late on Monday.

Neighboring Maryland is among the 18 states and D.C. that have extended marriage rights to same-sex couples. Gays and lesbians in West Virginia, Pennsylvania, Ohio, Alabama, Florida, Arizona and other states have filed same-sex marriage lawsuits since the U.S. Supreme Court last June struck down a portion of the Defense of Marriage Act.

A poll that Quinnipiac University released on Monday shows 50 percent of Virginia voters support marriage rights for same-sex couples, compared to 42 percent who oppose the issue. The survey further noted 69 percent of Democrats and only 23 percent of Republicans support gay nuptials.

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Comings & Goings

Meléndez, Rosen take new roles at Wanda Alston Foundation

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From left, Yadiel Meléndez and Ben Rosen

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]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Yadiel Meléndez, on their new role as Community Associate, with the Wanda Alston Foundation. Meléndez is piloting a new role as a Community Associate at the Wanda Alston Foundation, where they support queer and trans young people in finding their footing, building independence, and experiencing a housing community where they are seen, valued, and affirmed. They are coming into this role with more than a decade of experience as a community organizer and operations specialist, supporting diverse communities through service, advocacy, and program coordination.

Previously they worked for Right Proper Brewing Shaw as a server and bartender and at Sephora, Washington, DC, and at FreshFarm, DC, in bilingual food access. They also worked freelance to build foundational structures for local queer BIPOC performance art coalitions, producing variety shows to curate space for marginalized performance artists in the community. They were a production manager for Haus of Hart Productions, a BIPOC centric performance art production. They also worked as field staff with the American Foundation for Suicide Prevention in Stafford, Va.  

Meléndez is bilingual, Spanish and English. Their work is guided by a commitment to dignity, safety, and trauma-informed engagement, particularly within LGBTQ and BIPOC communities.

Congratulations also to Ben Rosen LICSW, on his new role as program director, with the Wanda Alston Foundation. Rosen previously worked with Fountain House’s OnRamps program, helping to build a new, innovative outreach program for individuals considered chronically homeless, and living with serious mental illness, in the Times Square area of New York. Rosen is a Psychotherapist, having worked with SG Psychotherapy, and as the psychotherapist with the Nest Community Health Center (URAM).

Rosen has a B.F.A. in Theatre Arts: Musical Theatre, Minor in Psychology (Cum Laude) from Malloy University Conservatory; and his M.S.W. in Clinical Practice with Individuals, Families, and Groups, from The Silberman School of Social Work, Hunter College, N.Y. He is independently licensed in New York and Washington, D.C.

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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