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Virginia colleges mum on Cuccinelli letter

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Public colleges and universities in Virginia were considering their options this week after state Attorney General Ken Cuccinelli declared their policies barring discrimination against gays illegal.

Many student and LGBT groups mobilized against Cuccinelli’s letter March 4 to 40 school presidents, which says the institutions cannot treat sexual orientation, gender identity and gender expression as protected classes in non-discrimination policies. But the schools largely reserved comment.

Only one major institution, Virginia Commonwealth University, released before DC Agenda deadline any official statement, but it said only that students, faculty and staff would be consulted.

Gov. Bob McDonnell (R) seemed to offer the schools a small reprieve earlier this week. A spokesperson affirmed the governor’s view that only the General Assembly can extend anti-discrimination protections to a new class, a view consistent with Cuccinelli’s advice.

But the spokesperson, Tucker Martin, noted executive branch appointments to school boards would not focus on this issue.

“The governor will appoint board members based solely on their ability and on their strong commitment to educational excellence in Virginia. The governor expects that no Virginia college or university, or any other state agency, will engage in discrimination of any kind.”

Equality Virginia CEO Jon Blair called on McDonnell to prove his stance against discrimination by asking the General Assembly to send him a bill adding sexual orientation to the state’s policy.

“Attorney General Cuccinelli’s letter was Gov. McDonnell’s opportunity to prove whether he was the Robert McDonnell who said through his entire campaign that he opposed discrimination or he was the Robert McDonnell who wrote the thesis from 20 years ago,” Blair said, referring to past writings where the governor opposed gay rights. “I think if he fails to act on this, he’s proven exactly which one he is.”

On Tuesday, the state House voted down a motion to force a vote on the bill that would have added sexual orientation to the state’s non-discrimination laws. The measure failed 55-42. The bill previously passed the state Senate, but did not make it out of subcommittee in the House.

One university’s diversity coordinator, who spoke on condition of anonymity, said some schools would defy the request if they could, but they would face significant political pressure to comply with the current administration.

Campus groups, meanwhile, have begun campaigns asking school administrators to ignore Cuccinelli’s directive. University of Virginia’s Queer & Allied Activism group began by uploading to Facebook photos of the attorney general that were doctored to poke fun at him.

Inspired by the grammatically incorrect lolcatz pictures, some photos of Cuccinelli included the words “In ur AG office … hatin’ on ur gays” and “Gays? We don’t have them in my state.”

One group on Facebook that stood against Cuccinelli’s letter, “We Don’t Want Discrimination in Our State Universities and Colleges,” gathered more than 4,000 members within days.

Seth Kaye, a second year engineering student at UVA and member coordinator of Queer & Allied Activism, said he felt hurt by the attorney general’s attack and wanted to know why anyone thought it was acceptable to go after LGBT people.

“I don’t understand how that can pass a rational basis test,” Kaye said. “It seems totally biased.”

UVA was making significant improvements toward offering services to LGBT students, Kaye said, including starting a queer studies minor program and a new gay fraternity.

“I hope the universities all come together and say we’re not going to follow this order,” he said. “Hopefully, if the state sues them, it turns out in our favor and maybe [we] even get sexual orientation as a protected class.”

With most students away from campus on spring break, Kaye said campaigning on the issue has been largely performed online, with a particular focus on Facebook and e-mail. He wondered if the letter’s timing was deliberate to avoid a more robust student backlash.

For his part, Cuccinelli took to local airwaves this week to defend his advice to schools. He said his letter was consistent with opinions of the state’s previous five attorneys general, which included three Democrats.

But on his Twitter profile, Cuccinelli was less cautious: “Still much sound and fury about simply stating what the law is now and has been pretty much forever in Virginia … but on a touchy subject.”

Fears that the Republican would use his office to advance a socially conservative agenda, rather than merely advise on law, were expressed as early as his campaign launch, including from vocal members of the Log Cabin Republicans of Virginia.

“Just as we feared, Mr. Cuccinelli is becoming an embarrassment to the entire state with his extreme views on this issue,” said David Lampo, vice president of the Log Cabin Republican Club of Virginia.

“We call on Virginia’s state colleges and universities to resist this outrageous demand and to continue their policies of hiring and firing on the basis of merit rather than sexual orientation, and we call on Gov. McDonnell to end this legal limbo for gay and lesbian state employees by supporting a bill to outlaw employment discrimination on the basis of sexual orientation.”

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Virginia

Va. activists preparing campaign in support of repealing marriage amendment

Referendum about ‘dignity and equal protection under the law’

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(Bigstock photo)

Virginia voters in November will vote on whether to repeal their state’s constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Feb. 6 signed House Bill 612 into law. It facilitates a referendum for voters to approve the repeal of the 2006 Marshall-Newman Amendment. Although the U.S. Supreme Court’s Obergefell ruling extended marriage rights to same-sex couples across the country in 2014, codifying marriage equality in Virginia’s constitution would protect it in the state in case the decision is overturned.

Maryland voters in 2012 approved Question 6, which upheld the state’s marriage equality law, by a 52-48 percent margin. Same-sex marriage became legal in Maryland on Jan. 1, 2013.

LGBTQ advocacy groups and organizations that oppose marriage equality mounted political campaigns ahead of the referendum.

Gov. Abigail Spanberger signed a bill that paves the way for a referendum to repeal the Marshall-Newman Amendment. (Washington Blade photo by Michael Key)

Equality Virginia has been involved in advancing LGBTQ rights in Virginia since 1989. 

Equality Virginia is working under its 501c3 designation in conjunction with Equality Virginia Advocates, which operates under a 501c4 designation, to plan campaigns in support of repealing the Marshall-Newman Amendment.

The two main campaigns on which Equality Virginia will be focused are education and voter mobilization. Reed Williams, the group’s director of digital engagement and narrative, spoke with the Washington Blade about Equality Virginia’s plans ahead of the referendum. 

Williams said an organization for a “statewide public education campaign” is currently underway. Williams told the Blade its goal will be “to ensure voters understand what this amendment does and why updating Virginia’s constitution matters for families across the commonwealth.” 

The organization is also working on a “robust media and voter mobilization campaign to identify and turn out voters” to repeal Marshall-Newman Amendment. Equality Virginia plans to work with the community members  to guarantee voters are getting clear and accurate information regarding the meaning of this vote and its effect on the Virginia LGBTQ community. 

“We believe Virginia voters are ready to bring our constitution in line with both the law and the values of fairness and freedom that define our commonwealth,” said Equality Virginia Executive Director Narissa Rahaman. “This referendum is about ensuring loving, committed couples and their families are treated with dignity and equal protection under the law.” 

The Human Rights Campaign has also worked closely with Equality Virginia.

“It’s time to get rid of outdated, unconstitutional language and ensure that same sex couples are protected in Virginia,” HRC President Kelley Robinson told the Blade in a statement.

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District of Columbia

D.C. police arrest man for burglary at gay bar Spark Social House  

Suspect ID’d from images captured by Spark Social House security cameras

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Spark Social House (Washington Blade photo by Michael Key)

D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.

“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.

The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.

“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.

Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.

According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m. 

Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.

When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.

A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.

D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained. 

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District of Columbia

Judge rescinds order against activist in Capital Pride lawsuit

Darren Pasha accused of stalking organization staff, board members, volunteers

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Darren Pasha (Washington Blade photo by Michael Key)

A D.C. Superior Court judge on Feb.18 agreed to rescind his earlier ruling declaring local gay activist Darren Pasha in default for failing to attend a virtual court hearing regarding an anti-stalking lawsuit brought against him by the Capital Pride Alliance, the group that organizes D.C.’s annual Pride events.

The Capital Pride lawsuit, initially filed on Oct. 27, 2025, accuses Pasha of engaging in a year-long “course of conduct” of “harassment, intimidation, threats, manipulation, and coercive behavior” targeting Capital Pride staff, board members, and volunteers.

In his own court filings without retaining an attorney, Pasha has strongly denied the stalking related allegations against him, saying “no credible or admissible evidence has been provided” to show he engaged in any wrongdoing. 

Judge Robert D. Okum nevertheless on Feb. 6 approved a temporary stay-away order requiring Pasha to stay at least 100 feet away from Capital Pride’s staff, volunteers, and board members until the time of a follow-up court hearing scheduled for April 17. He reduced the stay-away distance from 200 yards as requested by Capital Pride.

In his two-page order issued on Feb. 18, Okun stated that Pasha explained that he was involved in a scooter accident in which he was injured and his phone was damaged, preventing him from joining the Feb. 6 court hearing.

“Therefore, the court finds there is a good cause for vacating the default,” Okun states in his order.

At the time he initially approved the default order at the Feb. 6 hearing that Pasha didn’t attend, Okun scheduled an April 17 ex parte proof hearing in which Capital Pride could have requested a ruling in its favor seeking a permanent anti-stalking order against Pasha.

In his Feb. 18 ruling rescinding the default order Okun changed the April 17 ex parte proof hearing to an initial scheduling conference hearing in which a decision on the outcome of the case is not likely to happen.

In addition, he agreed to consider Pasha’s call for a jury trial and gave Capital Pride 14 days to contest that request. The Capital Pride lawsuit initially called for a non-jury trial by judge.

One request by Pasha that Okum denied was a call for him to order Capital Pride to stop its staff or volunteers from posting information about the lawsuit on social media. Pasha has said the D.C.-based online blog called DC Homos, which Pasha claims is operated by someone associated with Capital Pride, has been posting articles portraying him in a negative light and subjecting him to highly negative publicity.

“The defendant has not set forth a sufficient basis for the court to restrict the plaintiff’s social media postings, and the court therefore will deny the defendant’s request in his social media praecipe,” Okun states in his order. 

A praecipe is a formal written document requesting action by a court.

Pasha called the order a positive development in his favor. He said he plans to file another motion with more information about what he calls the unfair and defamatory reports about him related to the lawsuit by DC Homos, with a call for the judge to reverse his decision not to order Capital Pride to stop social media postings about the lawsuit.    

Pasha points to a video interview on the LGBTQ Team Rayceen broadcast, a link to which he sent to the Washington Blade, in which DC Homos operator Jose Romero acknowledged his association with Capital Pride Alliance.

Capital Pride Executive Director Ryan Bos didn’t immediately respond to a message from the Blade asking whether Romero was a volunteer or employee with Capital Pride. 

Pasha also said he believes the latest order has the effect of rescinding the temporary stay away order against him approved by Okun in his earlier ruling, even though Okun makes no mention of the stay away order in his latest ruling. Capital Pride attorney Nick Harrison told the Blade the stay away order “remains in full force and effect.”

Harrison said Capital Pride has no further comment on the lawsuit.

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