Local
ACLU, Lambda Legal seek to join Virginia marriage lawsuit
Groups’ case against state gay nuptials ban certified class action

Lambda Legal and the ACLU on Wednesday petitioned a federal appeals court to intervene in a case that challenges Virginia’s same-sex marriage ban. (Photo courtesy of Casey Hartman)
The two groups – which filed their own federal lawsuit against the commonwealth’s constitutional amendment that bans nuptials for same-sex couples last August on behalf of two lesbian couples from the Shenandoah Valley – submitted a brief with the 4th U.S. Circuit Court of Appeals in Richmond to join a separate lawsuit brought by Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield last year.
U.S. District Judge Arenda L. Wright Allen’s Feb. 13 ruling in the Bostic case was appealed to the federal appellate court earlier this week.
“From the beginning, both of these cases have proceeded on parallel tracks, and for the good of all couples in the state, we hope it will remain that way,” said Joshua Block, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “This motion just ensures that all affected couples have their day in court.”
U.S. Circuit Judge Michael F. Urbanski late last month certified the Lambda Legal and ACLU lawsuit filed on behalf of Victoria Kidd and Christy Berghoff of Winchester and Joanne Harris and Jessica Duff of Staunton as a class action. Urbanski earlier this month said he would not hold oral arguments in the case – and he is expected to issue his ruling in the coming weeks.
“Marriage is a fundamental right of all Virginians,” said Claire Guthrie Gastañaga, executive director of the ACLU of Virginia. “That’s why it’s important that all couples in both cases be represented in the appeals court at the same time.”
Former U.S. Solicitor General Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court last year, are among the lawyers representing Bostic and London and Schall and Townley.
Virginia Attorney General Mark Herring last month announced he will not defend the commonwealth’s marriage amendment that voters in 2006 approved by a 57-43 percent margin.
“The Bostic case is extremely well positioned heading into the Fourth Circuit,” American Foundation for Equal Rights Executive Director Adam Umhoefer told the Washington Blade in a statement. “The district court issued an order that, if it is affirmed, will ensure that all gay and lesbian Virginians who wish to marry, or to have their marriage recognized, can do so.”
Herring’s spokesperson, Michael Kelly, declined to specifically comment on the Lambda Legal and ACLU request to join the Bostic case.
“Attorney General Herring’s priority remains ensuring that higher courts have an opportunity to hear this case as quickly as possible to settle the fundamental issues it presents,” said Kelly.
Matthew D. McGill, co-counsel for the plaintiffs in the Bostic case, questioned why the two groups petitioned the 4th U.S. Circuit Court of Appeals to join the Bostic case.
“The addition of new parties to the case at this late stage risks delaying the proceedings, and there is not a moment to lose when gay and lesbian couples and families across Virginia – and other states in the Fourth Circuit – are experiencing real harm,” said McGill. “We hope the Harris plaintiffs and their lawyers will continue to support our shared goal of marriage equality by filing an amicus brief alongside us.”
A source involved in the legal process who asked to remain anonymous told the Blade there are “grave and serious consequences for an unwarranted ACLU intervention.” These could include the possibility that other groups from West Virginia, North Carolina and South Carolina that fall under the 4th U.S. Circuit Court of Appeals’ jurisdiction could seek to join the case if allowed.
“If intervention were granted, it could adversely slow down the current appeals process – and time is critical when it comes to attaining marriage equality for all Virginians,” said the source. “There is not a day to lose. Groups like the ACLU can be supportive by simply filing amicus briefs.”
“We are eager for the Fourth Circuit to move ahead swiftly in the Bostic case,” added Umhoefer. “Any delay in the appeals process means that gay and lesbian couples and their families will continue to suffer prolonged harm under unjust laws. We welcome the ACLU to participate as amicus curiae in the case.”
James Esseks, director of the ACLU’s Lesbian Gay Bisexual Transgender and AIDS Project, told the Blade the plaintiffs in the Harris case and their lawyers have been “appointed as representatives of a class of 14,000 same-sex couples in Virginia.” He added the motion to intervene in the Bostic lawsuit are to “do right” by the thousands of gays and lesbians in Virginia who are either married in another jurisdiction or want to exchange vows in the commonwealth.
“This is not about an either or thing,” Esseks told the Blade, noting the Bostic case is not a class action. “This is about an and thing.”
Greg Nevins of Lambda Legal echoed Esseks.
“There still are a lot of moving parts in this,” Nevins told the Blade. “We’ll eventually just do what we can to do the best on this particular case. No one knows where the chips are going to fall.”
Rehoboth Beach
CAMP Rehoboth hires new executive director
Dr. Robin Brennan’s background includes healthcare, fundraising roles
CAMP Rehoboth, the Delaware LGBTQ community center, on Monday announced Dr. Robin Brennan as the organization’s new executive director.
Brennan, who is relocating full time to Rehoboth Beach with her wife and daughter, will start on March 23. The position opened up following the retirement of Kim Leisey after more than two years in the role.
Brennan’s background is in health systems. At Nemours Children’s Health in Wilmington, Del., she held senior roles in evaluation, population health, and DEI education, according to a CAMP Rehoboth statement. Most recently, she served as vice president and Chief Diversity and Inclusion Officer at Redeemer Health. Brennan is an experienced fundraiser, according to the statement.
“After conducting a comprehensive national search, the Board of Directors selected Robin because of her depth of leadership experience, her fundraising acumen and her overall joyful, focused approach,” said Leslie Ledogar, president of the CAMP Rehoboth board of directors and chair of the Executive Director Search Committee. “The fact that core to her leadership is her belief that community well-being is inseparable from access to health, culture, education and the arts – an approach that mirrors CAMP Rehoboth’s holistic mission – makes Robin the exact next person to lead CAMP Rehoboth today and into the future.”
“I am deeply honored to serve as CAMP Rehoboth’s executive director as we enter an exciting new chapter,” said Brennan. “I was drawn to CAMP Rehoboth because of its unwavering mission, deep roots in the community, and the meaningful role it plays in bringing people together. I look forward to meeting members of the community, listening to their stories, and building meaningful relationships with the many people who make CAMP Rehoboth such a vital community anchor.”
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.

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.
Maryland
Md. Commission on LGBTQIA+ Affairs released updated student recommendations
LGBTQ students report higher rates of bullying, suicide
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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