Local
Judge hears oral arguments in Va. marriage case
Olson tells court the state’s prohibition ‘cannot stand’

From left: Josh Duggar, Victoria Cobb of the Family Foundation of Virginia, Allison Howard of Concerned Women for America and EW Jackson take part in an anti-gay marriage rally outside the Norfolk ,Va., federal courthouse on Feb. 4. (Photo courtesy of the Family Foundation of Virginia)
A federal judge in Norfolk, Va., on Tuesday heard oral arguments in a lawsuit that challenges Virginia’s same-sex marriage ban.
Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court, told Judge Arenda L. Wright Allen of the U.S. District for the Eastern District of Virginia the commonwealth’s constitutional amendment that defines marriage as between a man and a woman violates the 14th Amendment. The two men represent Timothy Bostic and Tony London and Norfolk and Carol Schall and Mary Townley of Chesterfield who filed suit against the gay nuptials ban last year.
“As a proud Virginian, I am gratified to represent two loving couples in my home state who want nothing more than to have the state recognize their relationships,” said Olson. “Virginia’s prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status. Laws excluding gay men and lesbians from marriage violate personal freedom, are an unnecessary government intrusion, and cause serious harm. That type of law cannot stand.”
Attorney General Mark Herring, who announced last month he would not defend the marriage amendment, is among those who attended the hearing.
“Today was a very significant day in the journey toward full equality under the law for all Virginians,” said Herring in a statement after he left the courthouse. “I am proud to say that the commonwealth of Virginia stood on the right side of the law and the right side of history today in opposing this discriminatory ban.”
Lawyers with the Alliance Defending Freedom who are representing Prince William County Circuit Court Clerk Michèle McQuigg defended the marriage amendment that Virginia voters approved by a 57-43 percent margin in 2006. Norfolk Circuit Court Clerk George Schaefer tapped attorneys with former Virginia Gov. Bob McDonnell’s Virginia Beach law firm to represent him in the case.
The Family Foundation of Virginia and a group of professors from Regent University and other conservative academic institutions filed amicus briefs with the court in support of the marriage amendment.
“These citizens support marriage as defined by our constitution because they understand and recognize that our children deserve, whenever possible, to have both a mom and a dad,” said Victoria Cobb, president of the Family Foundation of Virginia. “They are also frustrated that they’ve been disenfranchised by an unconscionable and unprecedented decision by the attorney general of Virginia to take a position in court against the marriage amendment.”
Cobb joined former Virginia lieutenant gubernatorial candidate E.W. Jackson, Josh Duggar of the TLC series “19 Kids and Counting” who works for the Family Research Council, Allison Howard of Concerned Women for America and other same-sex marriage opponents who rallied outside the courthouse before the hearing. Roughly 60 LGBT rights advocates and other supporters of nuptials for gays and lesbians attended a candlelight vigil on Monday night.
“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Washington Blade on Monday during an interview with her and Townley and Bostic and London. “Virginia should not be in the business of standing in the way of people wanting to care for each other and take responsibility for each other.”
The hearing took place a day after the Republican-controlled Virginia House of Delegates overwhelmingly approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so.
The measure’s sponsors — state Dels. Bob Marshall (R-Prince William County) and Todd Gilbert (R-Shenandoah County) — are among the 30 lawmakers who asked Gov. Terry McAuliffe to appoint a special counsel to defend the marriage amendment.
The governor, who supports marriage rights for same-sex couples, last week declined to do so.
A federal judge in Harrisonburg on Jan. 31 certified a second lawsuit the American Civil Liberties Union, Lambda Legal and the ACLU of Virginia filed on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in the commonwealth as a class action.
Allen said she would issue her ruling in the AFER case “soon.”
“We want to be married,” London told the Blade on Monday. “It’s important to us as Virginians that we get married in the state that we love.”
Virginia
Gay Va. State Sen. Ebbin resigns for role in Spanberger administration
Veteran lawmaker will step down in February
Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.
Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.
His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.
“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.
She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.
“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.
Maryland
Steny Hoyer, the longest-serving House Democrat, to retire from Congress
Md. congressman served for years in party leadership
By ASSOCIATED PRESS and LISA MASCARO | Rep. Steny Hoyer of Maryland, the longest-serving Democrat in Congress and once a rival to become House speaker, will announce Thursday he is set to retire at the end of his term.
Hoyer, who served for years in party leadership and helped steer Democrats through some of their most significant legislative victories, is set to deliver a House floor speech about his decision, according to a person familiar with the situation and granted anonymity to discuss it.
“Tune in,” Hoyer said on social media. He confirmed his retirement plans in an interview with the Washington Post.
The rest of this article can be found on the Baltimore Banner’s website.
District of Columbia
Kennedy Center renaming triggers backlash
Artists who cancel shows threatened; calls for funding boycott grow
Efforts to rename the Kennedy Center to add President Trump’s name to the D.C. arts institution continue to spark backlash.
A new petition from Qommittee , a national network of drag artists and allies led by survivors of hate crimes, calls on Kennedy Center donors to suspend funding to the center until “artistic independence is restored, and to redirect support to banned or censored artists.”
“While Trump won’t back down, the donors who contribute nearly $100 million annually to the Kennedy Center can afford to take a stand,” the petition reads. “Money talks. When donors fund censorship, they don’t just harm one institution – they tell marginalized communities their stories don’t deserve to be told.”
The petition can be found here.
Meanwhile, a decision by several prominent musicians and jazz performers to cancel their shows at the recently renamed Trump-Kennedy Center in D.C. planned for Christmas Eve and New Year’s Eve has drawn the ire of the Center’s president, Richard Grenell.
Grenell, a gay supporter of President Donald Trump who served as U.S. ambassador to Germany during Trump’s first term as president, was named Kennedy Center president last year by its board of directors that had been appointed by Trump.
Last month the board voted to change the official name of the center from the John F. Kennedy Memorial Center For The Performing Arts to the Donald J. Trump And The John F. Kennedy Memorial Center For The Performing Arts. The revised name has been installed on the outside wall of the center’s building but is not official because any name change would require congressional action.
According to a report by the New York Times, Grenell informed jazz musician Chuck Redd, who cancelled a 2025 Christmas Eve concert that he has hosted at the Kennedy Center for nearly 20 years in response to the name change, that Grenell planned to arrange for the center to file a lawsuit against him for the cancellation.
“Your decision to withdraw at the last moment — explicitly in response to the Center’s recent renaming, which honors President Trump’s extraordinary efforts to save this national treasure — is classic intolerance and very costly to a non-profit arts institution,” the Times quoted Grenell as saying in a letter to Redd.
“This is your official notice that we will seek $1 million in damages from you for this political stunt,” the Times quoted Grenell’s letter as saying.
A spokesperson for the Trump-Kennedy Center did not immediately respond to an inquiry from the Washington Blade asking if the center still planned to file that lawsuit and whether it planned to file suits against some of the other musicians who recently cancelled their performances following the name change.
In a follow-up story published on Dec. 29, the New York Times reported that a prominent jazz ensemble and a New York dance company had canceled performances scheduled to take place on New Year’s Eve at the Kennedy Center.
The Times reported the jazz ensemble called The Cookers did not give a reason for the cancellation in a statement it released, but its drummer, Billy Hart, told the Times the center’s name change “evidently” played a role in the decision to cancel the performance.
Grenell released a statement on Dec. 29 calling these and other performers who cancelled their shows “far left political activists” who he said had been booked by the Kennedy Center’s previous leadership.
“Boycotting the arts to show you support the arts is a form of derangement syndrome,” the Times quoted him as saying in his statement.
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