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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 ā€œremains warranted.ā€ She also told the litigants to tell the court whether it should ā€œinstead rule promptly on the briefs without a hearing.ā€

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.

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

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

ā€œThe attorney general’s decision to refuse to enforce a duly-adopted provision of the Virginia Constitution is frightening,ā€ 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 ā€œThe Kojo Nnamdi Showā€ on WAMU to a ā€œPearl Harbor attack on the people of Virginia.ā€ 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.

ā€œAttorney 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,ā€ 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.

ā€œThere are people who are going to attack me and try to say ā€˜well it’s about the duty of the attorney general [to defend the marriage ban,]ā€ Herring told the Washington Blade during a Jan. 23 interview. ā€œIn 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.ā€

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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District of Columbia

Little Gay Pub to host April 25 celebration of life for Patrick Shaw

School teacher, D.C. resident praised for ā€˜warmth, humor, kindness’

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Patrick Shaw (Photo via GoFundMe)

Co-workers and friends will hold a celebration of life for highly acclaimed schoolteacher and D.C. resident Patrick Shaw beginning at 5:30 p.m. Friday, April 25 at The Little Gay Pub 1100 P St., N.W.

Little Gay Pub co-owner and Shaw’s friend, Dusty Martinez, said Shaw passed away unexpectedly on April 19 from a heart related ailment at the age of 60.

ā€œPatrick touched so many lives with his warmth, humor, kindness, and unmistakable spark,ā€ Martinez said. ā€œHe was a truly special soul – funny, vibrant, sassy, and full of life and we are heartbroken by his loss.ā€

In an Instagram posting, Shaw’s colleagues said Shaw was a second-grade special education teacher at the J.F. Cook campus of D.C.’s Mundo Verde Bilingual Public Charter School.

ā€œPatrick brought warmth, joy, and deep commitment to Mundo Verde,ā€ his colleagues said in their posting. ā€œHis daily Broadway sing-alongs, vibrant outfits, and genuine love for his students filled our community with energy and laughter.ā€

The posted message adds, ā€œPatrick was more than a teacher; he was a light in our school, inspiring us all to show up with heart, humor, and kindness every day. His spirit will be deeply missed.ā€

The Washington Blade is preparing a full obituary on Patrick Shaw to be published soon. 

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District of Columbia

D.C. police seek help in identifying suspect in anti-gay threats case

Victim threatened with assault, called ā€˜faggot’ as he left Capitals game

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D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera.

D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera after he allegedly shouted anti-gay slurs and threatened to assault a man at 6th and H Streets, N.W. on March 20 at about 9:54 p.m.

A police report says the victim told police the incident took place shortly after he exited the nearby Capital One Arena where he had attended a Washington Capitals hockey game.

The police report says the incident began when the victim saw the suspect yell a racist slur at a person behind the victim and started to berate a valet operator.

ā€œSuspect 1 then turned his attention to Victim 1 and called him a ā€˜faggot’ among other homophobic slurs,ā€ the report says. It says the victim then used his phone to record the suspect, prompting the suspect to walk away before returning and ā€œsnatchingā€ the phone from the victim’s hand.

ā€œSuspect 1 walked several feet as Victim 1 followed, requesting his phone back,ā€ the report continues. ā€œSuspect 1 stopped and turned to Victim 1 and while yelling other obscenities exclaimed ā€˜if you keep recording, I’m going to kick your ass.ā€™ā€ The report concludes by saying the victim was able to recover his phone.

It lists the incident as a ā€œThreats To Do Bodily Harmā€ offense that is a suspected hate crime.

ā€œAnyone who can identify this suspect or has knowledge of this incident should take no action but call police at 202-727-9099, or text your tip to the Department’s TEXT TIP LINE at 50411,ā€ according to a separate police statement released April 23.

The statement says police currently offer an award of up to $1,000 to anyone who can provide information that leads to an arrest and indictment of the person or persons responsible for a crime committed in D.C.

D.C. police spokesperson Tom Lynch said the case has been under investigation since the incident occurred on March 20. He said the video image of the suspect, most likely obtained from a security camera from a nearby business, was released to the public as soon as it was obtained and processed through the investigation.

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District of Columbia

Wanda Alston Foundation names new executive director

Longtime LGBTQ rights advocate Cesar Toledo to succeed June Crenshaw

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Cesar Toledo is the new executive director of the Wanda Alston Foundation. (Photo courtesy of the Wanda Alston Foundation)

The Wanda Alston Foundation, the D.C.-based organization that has provided housing and support services for homeless LGBTQ youth since its founding in 2008, announced it has appointed longtime LGBTQ rights advocate Cesar Toledo as its new executive director.

In an April 22 statement, the organization said that as part of a planned leadership transition launched in November 2024, Toledo will succeed June Crenshaw, who Alston Foundation officials and LGBTQ community activists say has led the organization with distinction in her role as executive director for the past nine years.

In a statement released last November, the foundation announced Crenshaw was stepping down from her role as executive director after deciding to ā€œto step into her next chapter.ā€

ā€œJune’s leadership has been truly transformative,ā€ said Alston Foundation Board Chair Darrin Glymph in the group’s April 22 statement. ā€œWe are immensely grateful for her dedication and equally excited for the energy and experience that Cesar brings to lead us into this next chapter,ā€ Glymph said. 

ā€œA seasoned LGBTQ+ advocate, Cesar brings over a decade of experience leading national campaigns, shaping public policy, and building inclusive communities,ā€ the statement released by the group says. ā€œMost recently, he served as the National LGBTQ+ Engagement Director for the Harris for President Campaign and has built a career focused on advancing equality and equitable education,ā€ it says.

Biographical information about Toledo shows that immediately prior to working for the Harris For President Campaign, he served since April 2023 as deputy director for Democrats for Education Reform DC (DFER DC),  a political group that helps to elect candidates for public office committed to quality education for all students, including minorities, people of color and LGBTQ youth. 

Before joining DFER DC, Toledo served as political director for the LGBTQ+ Victory Fund, where he assisted in electing out LGBTQ candidates to all levels of public office across the U.S.

ā€œI’m really excited about joining the Wanda Alston Foundation,ā€ Toledo told the Washington Blade. ā€œAfter a decade of working at the intersection of politics and policy and advancing political candidates and equitable education here in D.C., I wanted to shift my career to direct services to the most vulnerable folks in the LGBTQ+ family and our homeless youth,ā€ he said.

Among other things, he said he would push for increasing the Alston Foundation’s visibility and mainlining its services for LGBTQ youth at a time when the national political climate has become less supportive.

A statement on its website says the Alston Foundation was founded in 2008 ā€œin memory of Wanda Alston, a fierce LGBTQ+ activist, national advocate, and government official who was admired by District residents.ā€

The statement adds, ā€œThe foundation opened the first housing program in the nation’s capital in 2008 providing pre-independent transitional living and life-saving support services to LGBTQ+ youth.ā€

In a separate statement, the Alston Foundation announced it would hold a ā€œthank youā€ celebration of appreciation for June Crenshaw from 6-8 p.m. on May 20 at Crush Dance Bar located at 2007 14th Street, N.W. in D.C.

ā€œLet’s come together to celebrate her dedication and commitment for everything she has done for the LGBTQIA homeless youth population,ā€ the statement says.

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