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Charges dropped against soldiers arrested for stealing Pride flags from lesbian couple’s house

Arlington prosecutors say suspects successfully completed ‘restorative justice’ program

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Joseph Digregorio (Public domain photo courtesy of the Arlington County Government)

The Office of the Commonwealth’s Attorney for Arlington County, which prosecutes crimes, confirmed last week that charges were dropped against two U.S. Army soldiers arrested in February 2024 for allegedly stealing Pride flags from the home of a lesbian couple on five separate days between September 2023 and January 2024.

According to Arlington Commonwealth’s Attorney Parisa Dehghni-Tafti, the charges against the two men — Specialist Matthew Henshaw, 21, and Private First Class Joseph DiGregorio, 23, — were dismissed after they successfully completed a recently initiated program called the Heart of Safety Restorative Justice Conferencing Program.

Under the program, the two men attended counseling sessions with facilitators associated with the program over a period of six months before meeting with the two women whose Pride flags they allegedly stole — Michelle Logan and Jenna Burnett.

In statements released to the news media, Logan and Burnett said the two soldiers appeared to have expressed remorse for their actions of repeatedly pulling down and stealing the couple’s Pride flags. Following their face-to-face conversations with Henshaw and Gregorio, the two women said the men also appear to have gained an understanding of the issues and concerns of the LGBTQ community and the need for ending anti-LGBTQ bias and discrimination.

“We believed they could potentially be amenable to change and also felt that simply putting charges on their records didn’t necessarily feel like enough,” Logan told the online news publication ARL Now. “We wanted them to try to educate themselves and understand why stealing a Pride flag isn’t just a felony but a hate crime against two people who had to live through it,” she told ARL Now.

At the time of their arrest, Henshaw and Digregorio were members of the U.S. Army 3rd Infantry Regiment, also known as the Old Guard, an elite ceremonial unit that participates in burials at Arlington National Cemetery.

Dehghni-Tafti told media outlets, including the Washington Blade, that the objective of the restorative justice conferencing program is to provide an alternative to incarceration for people charged with a crime if they voluntarily participate in the program and if the victim of the crime also agrees to participate in the program.

“It really requires people to think about what they did to the victim and explain to the victim, face to face often, why they did it and make a promise to the victim that they are going to be different and not do it again,” Dehghni-Tafti told the Blade.

According to Dehghni-Tafti, admission into the program also requires a person charged with a crime to admit to having committed the crime.

She said the program has a preference, but not a requirement, that people charged with a crime who are accepted into the program are between the age of 16 and 26. She said people charged with certain violent crimes, such as intimate partner violence, sexual assault, and murder are not eligible for admission to the program.

Also, at the time of their arrest, Arlington police said the two soldiers were stationed at the Army’s Joint Base Myer-Henderson Hall in Arlington. One of the base’s entrances is located about two blocks from the 200 block of South Courthouse Road, where police said the two women’s house is located and where their Pride flags had been displayed.

According to court records, Henshaw, who was 20 at the time of his arrest, was charged with three counts of Unlawful Entry — Bias Motivated — and three counts of Petit Larceny for the flag thefts that police said occurred Sept. 16, Sept. 30, and Jan. 27. The records show that DiGregorio was charged with one count of Petit Larceny for the flag theft that occurred Jan. 21.

Police have said a view of the perpetrator of the flag theft on Sept. 16 was captured on a doorbell camera on the women’s house. The couple also went public with their plight on social media, which raised public awareness of the flag thefts and generated tips that helped police identify the two soldieries, who were arrested on Feb. 2.

The records show the single charge against DiGregorio was dropped on Sept. 9 and each of the charges against Henshaw were dismissed on Dec. 23.

In a show of support and solidarity for Logan and Burnett, who are out as a lesbian couple, at least a half dozen or more residents of nearby houses displayed Pride flags on their homes after learning that the couple’s flags had been repeatedly stolen.  

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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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Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address

Gay state senator to take job in Spanberger administration

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Outgoing Virginia state Sen. Adam Ebbin (D-Alexandria) in 2024. (Washington Blade photo by Michael Key)

Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.  

Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.

Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.

His Senate district includes Alexandria and parts of Arlington and Fairfax Counties. 

“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.

“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”

Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”

Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.

In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”

Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.  

“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.

“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”    

He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.

The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.

In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.

Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.

“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”

Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”

“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”

And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”

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McPike wins special election for Va. House of Delegates

Gay Alexandria City Council member becomes 8th LGBTQ member of legislature

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Alexandria City Council member Kirk McPike. (Photo courtesy Alexandria City Council)

Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.  

McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.

He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria). 

Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.

Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.

“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20. 

McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.

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