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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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District of Columbia

Judge rescinds stay-away order in Capital Pride anti-stalking case

Evidence hearing to determine if order should be reinstated against Darren Pasha

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Darren Pasha (Washington Blade photo by Michael Key)

A D.C. Superior Court judge on April 17 rescinded an anti-stalking order he approved in February at the request of Capital Pride Alliance against local LGBTQ activist Darren Pasha. 

In a ruling at a court status hearing, Judge Robert D. Okum agreed with defendant Darren Pasha’s stated concern that the initial order was too broad and did not specify who specifically he must stay at least 100 feet away from, as called for in the order.

Okum ruled on April 17 that the initial order, which he noted was oral rather than written, would be suspended until an evidentiary hearing takes place in which Capital Pride will need to present evidence justifying the need for such an order.   

“I’m fine with scheduling a hearing at which the plaintiff can present evidence, and the defendant can present evidence,” Okum said. “But I’m not fine with just continuing this oral TRO [Temporary Restraining Order] that Mr. Pasha really doesn’t even have notice of. That seems unfair,” he said.

After asking both Pasha and Capital Pride Alliance Attorney Nick Harrison when they would be available for the evidence hearing, Okum set the date for April 27 at 11 a.m. in Superior Court. 

The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.

The complaint was accompanied by a separate motion seeking a restraining order, preliminary injunction, and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”

In his initial ruling in February, Okum issued an order requiring Pasha to stay at least 100 feet away from Capital Pride staff, board members, and volunteers until the April 17 status hearing. He reduced the stay-away distance from the 200 yards requested by Capital Pride.

Pasha, who has so far represented himself in court without an attorney, has argued in multiple court filings and motions that the Capital Pride stalking allegations are untrue. In his initial 16-page response to the complaint, Pasha said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.

“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha’s court response states. 

At the April 17 hearing, Okum also ruled that, as standard procedure for civil complaints such as this one, he has ordered both parties to enter into court-supervised mediation to attempt to reach a settlement rather than go to trial.  

In an earlier ruling Okum denied Pasha’s request for a jury trial, stating that civil cases such as this must undergo a trial with the judge determining the verdict under existing civil court statutes.

The April 17 court hearing was held in a courtroom at the courthouse, but as allowed under current court rules, Capital Pride attorney Harrison and Capital Pride official June Crenshaw participated virtually through a video connection. Pasha attended the hearing in the courtroom. 

“This matter is proceeding through the court in the normal course,” Capital Pride released in a statement. “We look forward to presenting the relevant evidence at the scheduled hearing. Capital Pride Alliance remains committed to maintaining a safe and respectful environment for our staff, volunteers, and community, and to addressing concerns through appropriate channels.”

“This is clearly a case of retaliation,” Pasha told the Blade after the hearing. “Today the judge removed the stay-away order and asked Capital Pride Alliance to present enough evidence and examples to see if a stay-away order should be granted,” he said. “Because Pride is coming up in June, we need to see where this is going.”

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District of Columbia

Gay D.C. police lieutenant arrested on child porn charges

Matthew Mahl once served as head of LGBT Liaison Unit

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Matthew Mahl (Washington Blade file photo by Michael Key)

D.C. police announced on April 14 that they have placed one of their lieutenants, Matthew Mahl, on administrative leave and revoked his police powers after receiving information that he was arrested in Maryland one day earlier.  

Although the initial D.C. police announcement doesn’t disclose the reason for the arrest it refers to a statement by the Harford County, Md. Sheriff’s Office that discloses Mahl has been charged with sexual solicitation of a minor and child porn solicitation.

“On Tuesday, the Harford County Sheriff’s Office contacted MPD’s Internal Affairs Division shortly after arresting Lieutenant Matthew Mahl,” the D.C. police statement says.

“The allegations in this case are extremely disturbing, and in direct contrast to the values of the Metropolitan Police Department,” the statement continues. “MPD’s Internal Affairs Division will investigate violations of MPD policy once the criminal investigation concludes,” it says.

“MPD is not involved in the criminal investigation and was not aware of the investigation until yesterday,” the statement adds.

Mahl served as acting supervisor of the MPD’s then Gay & Lesbian Liaison Unit in 2013 when he held the rank of sergeant. D.C. police officials placed him on administrative leave and suspended his police powers that same year while investigating an undisclosed allegation.

A source familiar with the investigation said Mahl was cleared of any wrongdoing a short time later and resumed his police duties. Around the time he was promoted to lieutenant several years later Mahl took on the role as chairman of the D.C. Police Union, becoming the first known openly gay officer to hold that position.

NBC 4 reports that Mahl, 47, has served on the police force for 23 years and most recently was assigned to the department’s Special Operations Division.

Records related to Mahl’s arrest filed in Harford County District Court, show Sheriff’s Department investigators state in charging documents that he allegedly committed the offenses of Sexual Solicitation of a Minor and Child Porn Solicitation on Monday, April 13, one day before he was arrested on April 14.   

The court records show he was held without bond during his first appearance in court on April 14. A decision on whether he would be released while awaiting trial or continue to be held without bond was scheduled to be determined during an April 15 bond hearing. The outcome of that hearing could not be immediately determined.  

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Maryland

Evan Glass is leaning on his record. Is that enough for Montgomery County’s top job?

Gay county executive candidate pushing for equitable pay, safer streets, and cleaner environment

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Montgomery County Council member Evan Glass, center, speaks to attendees of a meet and greet event at Poolesville Memorial United Methodist Church. (Photo by Meredith Rizzo for the Baltimore Banner)

By TALIA RICHMAN | During a meet-and-greet at Poolesville Memorial United Methodist Church, Evan Glass got his loudest applause of the night with a plan he acknowledged was decidedly unsexy.

“Day one, I’ll hire a director of permitting services,” the county executive candidate said.

Doing so, he added, is a step toward easing the regulatory burdens that can stifle small businesses in Montgomery County.

The only problem? At least one of his fiercest competitors is making a similar pledge.

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

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