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Judge poised to rule on Va. same-sex marriage ban

Herring will not defend anti-gay amendment

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Mark Herring, gay news, Washington Blade
Mark Herring, gay news, Washington Blade

Virginia Attorney General Mark Herring on Jan. 23 announced he will not defend the state’s constitutional amendment that bans same-sex marriage.(Photo courtesy of Herring for Attorney General)

A federal judge appears ready to rule on the constitutionality of Virginia’s same-sex marriage ban in the wake of Attorney General Mark Herring’s announcement that he will not defend it.

Judge Arenda L. Wright of the U.S. District Court for the Eastern District of Virginia in Norfolk on Jan. 23 asked the parties in the lawsuit filed by two same-sex couples to file status reports on whether oral arguments that are scheduled to take place on Thursday “remains warranted.” She also told the litigants to tell the court whether it should “instead rule promptly on the briefs without a hearing.”

Lawyers for the plaintiffs — Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond — filed their response to Wright’s order on Jan. 24. The judge ordered attorneys representing the defendant — Norfolk Circuit Court Clerk George Schaefer — to respond to Herring’s position that the state constitutional amendment that defines marriage in Virginia as between a man and a woman is unconstitutional by noon on Monday.

“The attorney general’s change in position should not delay this court’s resolution of plaintiff’s motions for a preliminary injunction and summary judgment,” wrote Bostic and London’s lawyers in the status report they submitted to Wright. “If anything, the attorney general’s change in position makes clearer the appropriateness of immediate relief.”

Herring’s decision not to defend the marriage amendment sparked immediate outrage among some Virginia Republicans and social conservatives.

“The attorney general’s decision to refuse to enforce a duly-adopted provision of the Virginia Constitution is frightening,” said state Del. Todd Gilbert (R-Shenandoah County) on Sunday during the Republican Party of Virginia’s weekly address.

Victoria Cobb, president of the Family Foundation of Virginia, echoed Gilbert in a statement her organization released after Herring’s Jan. 23 announcement.

State Del. Bob Marshall (R-Prince William County) equated the attorney general’s announcement during a Jan. 24 interview with Roll Call Editor-in-Chief Christina Bellantoni that aired on “The Kojo Nnamdi Show” on WAMU to a “Pearl Harbor attack on the people of Virginia.” Republican Party of Virginia Chair Pat Mullins is among those who have suggested that Herring should resign.

A Virginia House of Delegates committee on Jan. 24 approved a bill that Gilbert and Marshall introduced earlier this month that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so. The two Republicans are among the 32 lawmakers who urged Gov. Terry McAuliffe on the same day to defend the state’s marriage amendment that voters in 2006 approved by a 57-43 percent margin.

“Attorney General Herring apparently is satisfied that the people of Virginia shall not be represented in court to defend the 2006 voter approved one-man, one-woman marriage amendment,” wrote the legislators in the letter of which the Washington Post obtained a copy.

McAuliffe, who took office slightly more than two weeks ago, supports marriage rights for same-sex couples.

“There are people who are going to attack me and try to say ‘well it’s about the duty of the attorney general [to defend the marriage ban,]” Herring told the Washington Blade during a Jan. 23 interview. “In fact what they’re really upset about is that they disagree with marriage equality. And that’s their right, but it’s not the law.”

Neighboring Maryland is among the 17 states and D.C. that have extended marriage rights to same-sex couples. Gays and lesbians in Florida, Pennsylvania, Arizona and other states have filed lawsuits seeking the ability to tie the knot in the wake of the U.S. Supreme Court’s landmark decision last June that found a portion of the Defense of Marriage Act unconstitutional.

The ACLU, Lambda Legal and the ACLU of Virginia last August filed a class action federal lawsuit on behalf of two lesbian couples from the Shenandoah Valley — including one who tied the knot in D.C. in 2011 — who are seeking marriage rights in the commonwealth. The first hearing in the case is expected to take place in the coming months.

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Comings & Goings

Ferentinos joins National Museum of American History advisory board

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Susan Ferentinos, Ph.D.

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 Susan Ferentinos, Ph.D., on her appointment to the Advisory Board of the Smithsonian’s National Museum of American History. On her appointment she said, “This is a moment when historians must stand up for accuracy, complexity, and the full breadth of the American story. I look forward to working with my fellow board members to ensure the National Museum of American History continues to fulfill its mission of serving all Americans with the highest standards of scholarship and integrity.”

Ferentinos operates her own national consulting business based in Port Townsend, Wash., with satellite operations based in Delaware County, Pa. Her business helps museums, historic sites, and government agencies expand and diversify the stories they tell about the American past. Her work focuses on interpreting LGBTQ history and women’s history, bringing overlooked narratives into mainstream historical interpretation. Her clients have included the National Park Service, the American Association for State and Local History, Baltimore Heritage, and numerous museums and historic sites across the country.  Among her many accomplishments, Susan was part of the teams responsible for getting three LGBTQ sites designated as National Historic Landmarks. Two of those landmarks are in Washington, D.C. She authored the NHL nominations for the Furies Collective, in Capitol Hill, building on research performed by local historian Mark Meinke, and she authored the NHL nomination for the home of African-American educators Lucy Diggs Slowe and Mary Burrill, in Brookland, building on research by Eric Griffitts and Katherine Wallace, of EHT Traceries. 

Ferentinos earned her bachelor’s degree from College of William and Mary in International Development and Philosophy; a master’s from Indiana University in United States History; and a Ph.D. from Indiana University in United States History.

Shawn Gaylord

Congratulations also to Shawn Gaylord on joining a team at Berkshire Hathaway PenFed Reality in Solomons, Md. His focus will be Southern Maryland – Calvert, St. Mary’s, Charles, and Anne Arundel. Gaylord still leads the LGBTQ+ Strategies Team at The Raben Group and works part-time on federal policy for GLSEN. 

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Maryland

Md. Commission on LGBTQIA+ Affairs released updated student recommendations

LGBTQ students report higher rates of bullying, suicide

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(Washington Blade photo by Ernesto Valle)

The Maryland Commission on LGBTQIA+ Affairs has released updated recommendations on how the state’s schools can support LGBTQ students.

The updated 16-page document outlines eight “actionable recommendations” for Maryland schools, supplemented with data and links to additional resources. The recommendations are: 

  • Developing and passing a uniform statewide and comprehensive policy aimed at protecting “transgender, nonbinary, and gender expansive students” against discrimination. The recommendation lists minimum requirements for the policy to address: name, pronoun usage, and restroom access.
  • Requiring all educators to receive training about the specific needs of LGBTQ students, by trained facilitators. The training’s “core competencies” include instruction on terminology, data, and support for students.
  • Implementing LGBTQ-inclusive curricula and preventing book bans. The report highlights a “comprehensive sexual education curriculum” as specifically important in the overall education curriculum. It also states the curriculum will “provide all students with life-saving information about how to protect themselves and others in sexual and romantic situations.” 
  • Establishing Gender Sexuality Alliances “at all schools and in all grade levels.” This recommendation includes measures on how to adequately establish effective GSAs, such as campaign advertising, and official state resources that outline how to establish and maintain a GSA. 
  • Providing resources to students’ family members and supporters. This recommendation proposes partnering with local education agencies to provide “culturally responsive, LGBTQIA+ affirming family engagement initiatives.” 
  • Collecting statewide data on LGBTQ youth. The data on Maryland’s LGBTQ youth population is sparse and non-exhaustive, and this recommendation seeks to collect information to inform policy and programming across the state for LGBTQ youth. 
  • Hiring a full-time team at the Maryland Department of Education that focuses on LGBTQ student achievement. These employees would have specific duties that include “advising on local and state, and federal policy” as well as developing the LGBTQ curriculum, and organizing the data and family resources. 
  • Promoting and ensuring awareness of the 2024 guidelines to support LGBTQ students. 

The commission has 21 members, with elections every year, and open volunteer positions. It was created in 2021 and amended in 2023 to add more members.

The Governor’s Office of Communication says the commission’s goal is “to serve LGBTQIA+ Marylanders by galvanizing community voices, researching and addressing challenges, and advocating for policies to advance equity and inclusion.” 

The commission is tasked with coming up with yearly recommendations. This year’s aim “to ensure that every child can learn in a safe, inclusive, and supportive environment.” 

The Human Rights Campaign’s most recent report on LGBTQ youth revealed that 46.1 percent of LGBTQ youth felt unsafe in some school settings. Those numbers are higher for transgender students, with 54.9 percent of them saying they feel unsafe in school. 

Maryland’s High School Youth Risk Behavior Survey reveals a disparity in mental health issues and concerns among students who identify as LGBTQ, compared to those who are heterosexual. LGBTQ students report higher rates of bullying, feelings of hopelessness, and suicidal thoughts. Nearly 36 percent of LGBTQ students report they have a suicide plan, and 26.7 percent of respondents say they have attempted to die by suicide. 

The commission’s recommendations seek to combat the mental health crisis among the state’s LGBTQ students. They are also a call for local and state governments to work towards implementing them. 

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Virginia

Va. lawmakers consider partial restoration of Ryan White funds

State Department of Health in 2025 cut $20 million from Part B program

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Virginia Capitol (Washington Blade photo by Michael Key)

​​The Virginia General Assembly is considering the partial restoration of HIV funding that the state’s Department of Health cut last year.

The Department of Health in 2025 cut $20 million — or 67 percent of total funding — from the Ryan White Part B program. 

The funding cuts started with the Trump-Vance administration passing budget cuts to federal HIV screening and protection programs. Rebate issues between the Virginia Department of Health and the company that provides HIV medications began.

Advocates say the funding cuts have disproportionately impacted lower-income people.

The Ryan White HIV/AIDS Program, a federal program started in 1990, provides medical services, public education, and essential services. Part B offers 21 services, seven of which remained funded after the budget cuts. 

Equality Virginia notes “in 2025, a 67 percent reduction severely destabilized HIV services across the commonwealth.” 

Virginia lawmakers have approved two bills — House Bill 30 and Senate Bill 30 — that would partially restore the funding. The Ryan White cuts remain a concern among community members. 

Both chambers of the General Assembly must review their proposed changes before lawmakers can adopt the bills.

“While these amendments aren’t a full restoration of what community-based organizations lost, this marks a critical step toward stabilizing care for thousands of Virginians living with HIV,” said Equality Virginia Executive Director Narissa Rahaman. “Equality Virginia plans to continue their contact with lawmakers and delegates through the conference and up until the passing of the budget.” 

“We appreciate lawmakers from both sides of the aisle who recognized the urgency of this moment and will work to ensure funding remains in the final version signed by the governor,” added Rahaman.

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