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Virginia marriage lawsuit about ‘equal protection’

Two lesbian couples file suit against commonwealth’s gay ban

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Victoria Kidd, Christy Berghoff, Winchester, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade
Victoria Kidd, Christy Berghoff, Winchester, Virginia, ACLU, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Victoria Kidd and Christy Berghoff of Winchester, Va. (Photo courtesy of the ACLU)

The two lesbian couples challenging Virginiaā€™s same-sex marriage ban maintain their lawsuit is simply a matter of protecting their families.

ā€œWhat Iā€™m doing this for is to protect my wife and our daughter,ā€ Christy Berghoff of Winchester, who married her partner of more than nine years, Victoria Kidd, told the Washington Blade. The couple also has a 9-month-old daughter.

Berghoff, an Air Force veteran who works at the U.S. Department of Justice spoke to the Blade a day after the American Civil Liberties Union and Lambda Legal filed a lawsuit on behalf of her and her spouse and Staunton residents Joanne Harris and Jessica Duff in U.S. District Court for the Western Division of Virginia in Harrisonburg on Aug. 1.

Berghoff said she and Kidd paid a lawyer hundreds of dollars to make her spouse their daughterā€™s co-custodian so she could make some legal decisions for her in Virginia. The couple in 2007 was also unable to secure a spousal loan to refinance their home through a Veteransā€™ Administration program.

ā€œI have always been a strong advocate for our family and for the idea of equal protection of our family,ā€ Kidd told the Blade while she was at home with her daughter. ā€œWe are your everyday family, in every sense of the word.ā€

Harris and Duff, who have been together for more than nine years and are raising a 4-year-old son, tried to apply for a marriage license in Staunton Circuit Court on July 29.

Like Kidd, Duff told the Blade that she and Harris have ā€œalways been advocates for our family.ā€

ā€œWe know that sharing our story is important to help change hearts and minds,ā€ Duff said. ā€œWhen we had the opportunity to participate, we wanted to do our part to bring the freedom to marry in Virginia.ā€

The ACLU and Lambda Legal filed the lawsuit against the commonwealthā€™s same-sex marriage ban that voters approved in 2006 slightly more than a month after the U.S. Supreme Court found a portion of the Defense of Marriage Act unconstitutional and struck down Californiaā€™s Proposition 8.

Tony London and Timothy Bostic of Norfolk, who have been together 25 years, last month filed a separate federal lawsuit against Virginiaā€™s gay nuptials ban after they unsuccessfully tried to apply for a marriage license.

Neither they, nor their lawyer, Bob Ruloff, returned the Bladeā€™s requests for comment.

Neighboring Maryland is among the 13 states and D.C. in which same-sex couples can marry.

The federal government also recognizes the marriages of gays and lesbians who legally tie the knot, although their ability to receive Social Security and other federal benefits depends upon whether the state in which they live will recognize their unions.

ā€œI still have a lot of questions about the protections that Iā€™m not afforded,ā€ Berghoff told the Blade. ā€œIā€™m here at work in D.C. and Iā€™m married and I go home Iā€™m a single parent.ā€

LGBT rights advocates across Virginia applauded the lawsuit.

ā€œIt seems contrary to the rights and liberties guaranteed to us by our Constitution, that a trip across the Potomac River, an arbitrary geographical line would somehow grant or deny any citizen equal treatment under the law,ā€ said James Parrish, executive director of Equality Virginia.

State Sen. Adam Ebbin (D-Alexandria) said he knows of ā€œtoo many couplesā€ that have moved out of the commonwealth because of ā€œa lack of protections now offered to our neighbors in the District of Columbia and Maryland.ā€

ā€œVirginia is at a competitive and economic disadvantage,ā€ Ebbin said. ā€œAfter all, forward thinking companies of all sizes locate where their diverse workforces will enjoy a high quality of life.ā€

Tucker Martin, a spokesperson for Gov. Bob McDonnell, who is named as a defendant in the lawsuit, defended Virginiaā€™s same-sex marriage ban.

ā€œThe voters of Virginia passed a constitutional amendment in 2006 defining marriage in the commonwealth as being only a union of one man and one woman,ā€ Martin said in a statement to the Blade. ā€œIt is the law in this state based on the popular will of the voters as expressed at the ballot box.ā€

Attorney General Ken Cuccinelliā€™s office declined to comment on the lawsuit, although spokesperson Brian Gottstein referred to a statement he released after the Supreme Court issued its DOMA and Prop 8 rulings.

ā€œVirginia has followed the traditional definition of marriage as being between one man and one woman for more than 400 years,ā€ Cuccinelli said in a June 26 statement on the justicesā€™ rulings. ā€œVirginians voted overwhelmingly to add this traditional definition to their constitution.ā€

Cuccinelli, who will face off against former Democratic National Committee Chair Terry McAuliffe in Virginiaā€™s gubernatorial election in November, highlighted his opposition to same-sex marriage last month during a debate at the Homestead in Hot Springs. GOP lieutenant gubernatorial candidate E.W. Jackson and Mark Obenshein, who is running to succeed Cuccinelli as attorney general, also oppose nuptials for gays and lesbians.

McAuliffe in February publicly backed same-sex marriage. State Sens. Ralph Northam (D-Norfolk) and Mark Herring (D-Loudoun,) who are running for lieutenant governor and attorney general respectively, also support the issue.

Harris told the Blade she feels there has ā€œalways been support for gay couplesā€ in Virginia.

A Quinnipiac University poll released on July 18 noted 50 percent of Virginians support same-sex marriage. A survey that Public Policy Polling unveiled a week before found 55 percent of commonwealth residents back nuptials for gays and lesbians.

ā€œHistory has shown that we evolve and opinions evolve,ā€ Harris said. ā€œVirginians are smart and they are fair-minded people.ā€

Kidd agreed.

ā€œA lot has changed in Virginia since that amendment went to the ballot box [in 2006,]ā€ she said.

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District of Columbia

LGBTQ budget advocates fight for D.C. resources in a tough fiscal year

‘Trying to preserve life-saving services’ amid $1 billion cut

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Heidi Ellis, coordinator of the DC LGBT Budget Coalition. (Photo courtesy of Heidi Ellis)

The months and days leading up to June are especially busy for LGBTQ Washingtonians. For one group, the DC LGBT Budget Coalition, which works year-round to ensure LGBTQ residents are represented and financially supported by the D.C. government, this time of year is their Super Bowl. Beginning in April, the D.C. Council and Mayorā€™s Office hold budget hearings for the next fiscal year.

With D.C.’s budget now under review, the Washington Blade spoke with Heidi Ellis, coordinator of the DC LGBT Budget Coalition, about the groupā€™s top priorities and their push to ensure continued support for queer communities.

ā€œThe LGBTQ Budget Coalition was founded in 2020 at the height of the pandemic, as a way for the community to work together to advocate for key funding and policy changes,ā€ Ellis said. ā€œWe recognized we were stronger together. A lot of groups are often pitted against each other for resources and dollars. This coalition was founded out of a need for unity. Since then, weā€™ve successfully advocated for more than $20 million in dedicated LGBTQ investments.ā€

In addition to coordinating the coalition, Ellis is the founder and CEO of HME Consulting & Advocacy, a firm that helps build coalitions and advance policy initiatives that address intersectional issues in the LGBTQ community. One of its most powerful tools, she explained, is direct outreach through community surveys.

ā€œWe actually do community surveys to see what people need and whatā€™s top of mind,ā€ Ellis said. ā€œOf course, we also pay attention to the broader political landscape ā€” like the current threats to HIV funding. That helps us prioritize.ā€

Because the coalition is comprised of more than 20 organizations across various sectors ā€”healthcare, housing, community organizing ā€” Ellis said its diversity enables it to connect grassroots needs to potential policy solutions.

ā€œOur coalition includes service providers, community groups, health and housing advocates-folks who are deeply plugged into whatā€™s happening on the ground,ā€ she said. ā€œThey help determine our direction. We know we donā€™t represent every queer person in D.C., but our coalition reflects a wide range of identities and experiences.ā€

The insights gathered through those surveys ultimately inform the coalitionā€™s annual budget proposal, which is submitted to the Council and mayor.

ā€œThatā€™s how we got to our FY26 priorities,ā€ she said. ā€œThis year, more than ever, weā€™re fighting to protect what weā€™ve already secured ā€” funding and policies weā€™ve had to fight for in the past. We know thereā€™s concern around this budget.ā€

One of the challenges this year is that the D.C. governmentā€™s operating budget and some of its legislation must be approved by Congress. With a projected decline in tax revenue and a Republican-controlled Congress that has historically opposed LGBTQ funding, the Coalition has had to think strategically.

ā€œEven before the situation on the Hill, the CFO projected lower revenue,ā€ Ellis said. ā€œThat meant cuts to social programs were already coming. And now, with the $1 billion slashed from D.C.ā€™s budget due to the continuing resolution, weā€™re not only fighting for D.C.ā€™s budget and autonomy, but also trying to preserve life-saving services. Our message is simple: Donā€™t forget about queer people.ā€

This yearā€™s proposal doesnā€™t include specific dollar figures. Instead, the Coalition outlines five funding priority areas: Healthcare, Employment & Economic Equity, Housing, Safety & Community Support, and Civil Rights.

Why no exact amounts? Ellis said itā€™s because not all solutions are financial.

ā€œSome of our asks donā€™t require new funding. Others build on existing programs-weā€™re asking whether the current use of funds is the most effective. Weā€™re also proposing policy changes that wouldnā€™t cost extra but could make a real difference. Itā€™s about using what we have better,ā€ she said.

When drafting the proposal, the Coalition tries to prioritize those with the most pressing and intersecting needs.

ā€œOur perspective is: If we advocate for the most vulnerable, others benefit too,ā€ Ellis said. ā€œTake LGBTQ seniors. Some may have done well in life but now face housing insecurity or struggle to access affordable healthcare. Many in our coalition are elders who fought on the frontlines during the AIDS epidemic. They bring critical historical context and remind us that Black and brown communities bore the brunt of that crisis.ā€

ā€œI love our coalition because it keeps us accountable to the moment,ā€ she added. ā€œIf we center those most marginalized, we can make an impact that lifts everyone.ā€

In addition to healthcare and housing, safety remains a top concern. The Coalition has fought to maintain funding for the Violence Prevention and Response Team (VPART), a city-supported group that includes MPD, community-based organizations, and the Mayorā€™s Office of LGBTQ Affairs. VPART responds to crimes affecting the LGBTQ community and connects victims to legal, healthcare, and housing services.

ā€œWeā€™ve pushed to make VPART more proactive, not just reactive,ā€ Ellis said. ā€œThe funding weā€™ve secured has helped survivors get the support they need. Cutting that funding now would undo progress weā€™re just beginning to see.ā€

At the end of the day, Ellis emphasized that this process is about far more than spreadsheets.

ā€œA budget is a moral document,ā€ she said. ā€œIf weā€™re not represented, youā€™re telling us our lives donā€™t matter at a time when we need protection the most. When people canā€™t get food, medicine, housing ā€” that has a devastating impact. These are vital services.ā€

The DC LGBT Budget Coalition is urging residents to support a letter-writing campaign to D.C. Council members and the mayor. You can send a letter here: https://actionnetwork.org/letters/fully-fund-dcs-lgbtq-communities

Read the full FY26 budget proposal here: https://drive.google.com/file/d/1bTrENnc4ZazJTO6LPrQ3lZkF02QNIIf1/view

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Arts & Entertainment

Washington Bladeā€™s Pride on the Pier returns bigger than everĀ with two-day WorldPride celebration

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The Washington Bladeā€™s Pride on the Pier will be extended to a two-day celebration in honor of WorldPride coming to D.C. this year. Taking place on Friday, June 6 and Saturday, June 7 at The Wharf, this yearā€™s event promises more entertainment, more community, and more pride than ever before ā€” all set against the stunning waterfront backdrop of our nationā€™s capital.

With the addition of Friday, the party kicks off at 3 p.m., with the inaugural WorldPride Boat Parade at 7 p.m. As an Official WorldPride Partner event, the boat parade will feature 30 decorated boats parading along the Washington Channel. For information on signing up for the boat parade contact Stephen Rutgers at [email protected].

Saturdayā€™s signature Pier Party kicks off at 12 p.m., featuring a drag show, DJ’s, streaming of the WorldPride Parade, and the iconic Fireworks Show Presented by the Leonard-Litz Foundation ā€” one of D.C. Prideā€™s most anticipated spectacles.

ā€œWeā€™re expanding Washington Blade Pride on the Pier to reflect the excitement and momentum building for WorldPride in D.C.,ā€ said Blade publisher Lynne Brown. ā€œItā€™s a celebration of our communityā€™s progress and a powerful reminder of the joy and visibility Pride brings to the heart of our city.ā€

Now in its seventh year, Washington Blade Pride on the Pier extends the cityā€™s annual celebration of LGBTQ visibility to the bustling Wharf waterfront with an exciting array of activities and entertainment for all ages. The District Pier will offer DJs, dancing, drag, and other entertainment. Alcoholic beverages will be available for purchase for those 21 and older.

Pride on the Pier is free and open to the public, with VIP tickets available for exclusive pier access, hosted bars, and private viewing areas for the boat parade and the fireworks show. To purchase VIP tickets visit www.prideonthepierdc.com/vip

Friday VIP: 5-9 p.m., enjoy an air-conditioned lounge, private bathroom, cash bar and complimentary drink.

Saturday VIP Session #1: 2-5 p.m., enjoy an air-conditioned lounge, private bathroom, catered food, and an open bar.

Saturday VIP Session #2: 6-9 p.m., enjoy the air-conditioned lounge, private bathroom, catered snacks and dinner, and open bar with a front-row view of the fireworks.

Event Details:

šŸ“ Location: District Pier at The Wharf (101 District Sq., S.W., Washington, D.C.)
šŸ“… Dates: Friday, June 6 & Saturday, June 7, 2025
šŸ›„ļøBoat Parade: 7 p.m. (June 6). šŸŽ† Fireworks Show: 9 p.m. (June 7)
šŸŽŸļø VIP Tickets: www.PrideOnThePierDC.com/VIP

Event sponsors include Absolut, Capital Pride, DC Fray, Infinate Legacy, Heineken, Leonard-Litz Foundation, Mayorā€™s Office of LGBTQ Affairs, Relish Catering,Ā  Washingtonian, and The Wharf. More information regarding activities will be released at www.PrideOnThePierDC.com

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Maryland

Md. schools plan to comply with federal DEI demands

Superintendents opt for cooperation over confrontation

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(Bigstock photo)

By LIZ BOWIE | Deciding not to pick a fight with the Trump administration, Maryland school leaders plan to sign a letter to the U.S. Department of Education that says their school districts are complying with all civil rights laws.

The two-paragraph letter could deflect a confrontation over whether the stateā€™s public schools run diversity, equity, and inclusion programs that the Trump administration has called illegal. The Baltimore Banner reviewed the letter, which was shared by a school administrator who declined to be identified because the letter has not yet been sent.

Maryland school leaders are taking a more conciliatory approach than those in some other states. Education leaders in Minnesota, New YorkColoradoOregon, Vermont, and Wisconsin said they will not comply with the federal education departmentā€™s order, the demands of which, they say, are based on a warped interpretation of civil rights law.

The rest of this article can be found on the Baltimore Banner’s website.

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