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Plaintiffs in Virginia marriage lawsuit: We were Goliath

Tony London’s brother died hours before judge issued ruling

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marriage equality, same-sex marriage, gay marriage, City of Alexandria, Alexandria City Courthouse, gay news, Washington Blade, Virginia

Human Rights Campaign, American Foundation for Equal Rights, AFER, HRC, marriage equality, same-sex marriage, gay marriage, Virginia, Chad Griffin, Tom Shuttleworth, Carol Schall, Emily, Mary Townley, Adam Umhoefer, David Boies, Ted Olson, Tim Bostic, Washington Blade

From left, Human Rights Campaign President Chad Griffin, lawyer Tom Shuttleworth, Carol Schall, Emily, Mary Townley, Adam Umhoefer, lawyers David Boies and Ted Olson, and plaintiff Tim Bostic (Washington Blade photo by Michael Key)

NORFOLK, Va.—Timothy Bostic and Tony London were in the den of their Norfolk, Va., home with their dogs on Thursday when Judge Arenda L. Wright Allen of the U.S District Court for the Eastern District of Virginia struck down Virginia’s same-sex marriage ban.

The two men earlier in the day found out that London’s brother had passed away.

“We were at home in the den waiting to hear about plans so that we could make our trip to Texas,” Bostic told the Washington Blade on Friday, noting he ignored his cell phone when his lawyers called it to let him and London know about Allen’s ruling. “The home phone rang and it was the same number and I was like, that’s really odd. So I picked it up and that was them letting us know the decision had come down.”

Bostic and London – who challenged Virginia’s same-sex marriage ban alongside Carol Schall and Mary Townley of Chesterfield – were among the more than 400 people who gathered at Decorum Furniture in Norfolk on Friday to celebrate Allen’s ruling.

“We are so proud to be proud Virginians,” said Hampton Roads Pride President Laurel Quarberg.

Lieutenant Gov. Ralph Northam also attended the event that Blaine Stewart, an anchor on WKTR, a Norfolk television station, emceed.

“We shouldn’t as a government be telling people who they should and shouldn’t love,” Northam told the Blade. “In 2014 one should be able to love and marry who they want. They should be able to be in the workplace without discrimination and they should be able to raise children as they so choose. It’s a big day for Virginia.”

Same-sex marriage supporters also celebrated Allen’s ruling at a number of gatherings that had been previously scheduled across the state to coincide with Valentine’s Day.

Bill Euille, William D. Euille, Alexandria City Courthouse, Virginia, marriage equality, gay marriage, same-sex marriage, gay news, Washington Blade

Alexandria Mayor William D. Euille joined a rally for marriage equality at the Alexandria City Courthouse on Valentine’s Day. Couples proceeded from the rally into the courthouse to request a marriage license, but were denied due to state law. The rally in Alexandria was one of several held throughout the state. (Washington Blade photo by Damien Salas)

Nearly 30 people gathered outside the Alexandria City Courthouse. The Granby Theater in downtown Norfolk on Friday night served cocktails named in honor of Allen – the nightclub also placed the slogan “VA is 4 all lovers” on its marquee.

More than a dozen people unfurled a rainbow banner outside the Virginia Beach Circuit Court before two couples sought to apply for marriage licenses. They included Teresa C. Phillips and Joyce Ann Davis of Chesapeake, who married last October in Delaware on their 33rd anniversary.

Phillips, who spent more than two decades in the U.S. Army, told the Blade as she and Davis walked to the courthouse that the Pentagon gave her spouse an identification card allowing her to receive benefits after they tied the knot in Delaware. Phillips said she and Davis were “elated” to hear Allen’s ruling, but acknowledged “we still have a long way to go” before she and other gays and lesbians can marry in the commonwealth.

“I want to get married in Virginia,” Phillips told the Blade.

Attorney General Mark Herring, who announced last month he would not defend the marriage amendment in court, described Allen’s 41-page decision as “a victory for the Constitution and for treating everyone equally under the law.” Gov. Terry McAuliffe, Equality Virginia Executive Director James Parrish and gay state Sen. Adam Ebbin (D-Alexandria) are among those also applauded the decision.

The Family Foundation of Virginia, the National Organization for Marriage, House Speaker Bill Howell (R-Stafford County) and state Del. Bob Marshall (R-Prince William County) and others criticized the ruling – and Herring in particular for not defending the marriage amendment that Virginia voters in 2006 approved by a 57-43 percent margin.

“She opened her order before the word other with a rather poetic quote,” former Attorney General Ken Cuccinelli told Bruce DePuyt of News Channel 8 on Friday, referring to Allen’s decision to begin her ruling with a quote from Mildred Loving on the 40th anniversary of the landmark U.S. Supreme Court ruling that struck down Virginia’s interracial marriage ban. “It rather undermined her objectivity. She clearly had a view coming in. We expect judges to look at these things more objectively.”

Schall and Townley, whose daughter Emily just turned 16, have also faced questions from same-sex marriage opponents about whether gay couples should raise children.

“Now we know that most of America doesn’t agree with the view of those few,” London told the Blade. “Those few still have the right to make any kind of statement that they want to however they want to as long as its within the boundaries of the law. We’re perfectly happy to see them come up there because we know there is no argument, there’s just no argument at all.”

Bostic added he felt sorry for the lawyers who were defending the marriage amendment during the Feb. 4 oral arguments in their case.

Allen stayed her ruling, pending the outcome of an appeal.

“It felt like David and Goliath… except this time we were Goliath,” he said. “We were expecting less support and more opposition from the get go. I do believe in Virginians, but it was just this idea all of a sudden there were more people on our side than we were hearing negative. It’s a good feeling.”

As Bostic and London spoke with this reporter at Decorum Furniture in Norfolk, a woman whose girlfriend of 16 years passed away two weeks ago thanked the men for filing their lawsuit against the marriage amendment.

“What you guys did was great,” she said.

“That is why we’re doing this,” London told the Blade after the woman spoke with him and Bostic. “16 years and they have nothing left. They have no rights in this state at all. Whatever they built together is gone.”

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National

National resources for trans and gender diverse communities

Amid attacks, help is available from wide range of organizations

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Activists have been protesting against the Trump administration’s anti-trans policies. If you need help, there are resources out there to assist. (Washington Blade file photo by Michael Key)

The Trump administration has launched a series of executive orders and other initiatives restricting the rights of the transgender community since taking power in January, targeting military service, affirming healthcare, and participation in sports. 

Though many executive orders are being challenged in court, it’s an uncertain time for a community that feels threatened. Despite the uncertainty, there are resources out there to help.

From legal assistance to mental health support, here’s a list of nonprofits and organizations dedicated to improving the everyday livelihood of trans and gender diverse people. These are mostly national organizations; there are many additional groups that work in local communities across the country. Some of these national groups will connect those in need of help to a local organization.

President Trump issued an executive order declaring there are only two genders –– male and female –– which applies to legal documents and passports. The order doesn’t recognize the idea that one can transition their gender at birth to another gender.

Ash Lazarus Orr filed to renew his passport with a gender marker reflecting his identity. That was in January, and he still hasn’t received it. He refused to accept a passport without an accurate identification of who he is, so he filed a lawsuit with the ACLU in what is now known as Orr v. Trump.

Orr told the Washington Blade that not receiving his passport back has taken away his freedom of visiting family in Canada and receiving gender-affirming care from a trusted provider in Ireland.

The one thing getting him through this uncertain time is knowing who he’s fighting for –– the trans community, his loved ones, and himself.

“I’m trying to be that person that those younger parts of me needed growing up,” Orr said. Check out a couple of legal support organizations below:

Transgender Law Center

The Transgender Law Center (TLC) provides legal resources and assistance. TLC has a list –– called the Attorney Solidarity Network –– of attorneys that can provide advice or representation for trans people.

The organization also has a legal information help desk that answers questions regarding laws or policies impacting trans people.

Website: transgenderlawcenter.org

Phone: 510-587-9696

Email: [email protected]

Advocates For Trans Equality

With a variety of different programs tailored toward legal assistance and advocacy work, Advocates For Trans Equality’s reach is wide.

The non-profit offers the Name Change Project, which provides pro bono legal name change services to low-income trans, gender-non-conforming and nonbinary people by utilizing its partnerships with law firms and corporate law departments.

Advocates For Trans Equality also has departments and programs dedicated to increasing voter engagement, educating lawmakers on trans issues and offering litigation assistance to a small number of cases.

Website: transequality.org

Phone: 202-642-4542

General email: [email protected] 

To contact a specific department or program, visit its website above.

ADVOCACY

Looking to take action and get involved? Act now.

American Civil Liberties Union

The ACLU is a national nonprofit organization that mobilizes local communities and advocates for national causes.

Getting involved is as easy as filling out letters to representatives or signing petitions. One live petition is to “defend trans freedom.”

You can also join its People Power platform, where you serve as a volunteer in your community to “advance civil liberties and civil rights for all.” ACLU has different chapters across the country, so visit its website for more information.

Website: aclu.org

Phone: 212-549-2500

MILITARY AND VETERANS

Trump signed an executive order in January banning transgender service members from serving, stating their identity “conflicts with a soldier’s commitment to an honorable, truthful and disciplined lifestyle, even in one’s personal life.” 

Though the order has been legally challenged and struck down by a judge, U.S. Navy Lieutenant Rae Timberlake said it’s created an uncertain atmosphere for themself and other troops.

“All of the transgender service members I know have served with honor and integrity for many years…[and we’re] targeted for removal and not subject to any kind of review based on merit,” Timberlake, who joined the Navy at age 17, said. “There’s kind of just this cloud looming over our organizations and our units, because we know any day our transgender shipmates could no longer be on the team.”

But Timberlake’s message to any service member struggling because of the executive order was one of compassion and truth: “There’s no policy that can take away what you’ve accomplished and what you’ve done.”

Here are some organizations that support service members and veterans:

SPARTA Pride

SPARTA is a peer-support group composed of active duty, veteran and “future warrior” service members.

The group also engages in advocacy work and has helped change policies on gender neutral uniforms and reducing the time a trans service member would have to wait to return to their duties during their transition.

Contact SPARTA to learn more about joining its support network.

Website: spartapride.org

Email: [email protected] 

Modern Military Association

Modern Military supports service members and veterans through advocacy, legal assistance and mental health support.

It tracks LGBTQ+ and HIV discrimination through reports made on its website, and offers guidance and advice to whoever submitted the report.

It also supports the mental health of LGBTQ+ veterans and their families through its Resilient Heroes Program. By signing up, you’ll receive virtual peer support and case management services with a mental health coordinator.

Website: modernmilitary.org

Phone: 202-328-3244 

Email: [email protected] 

CRISIS & MENTAL HEALTH SUPPORT

If you have a more urgent matter, or just need someone to listen, here are some organizations you can reach out to:

The Trevor Project

The Trevor Project offers 24/7 counseling services. Calling, texting or chatting is free and confidential, and you’ll get to speak with someone specialized in supporting LGBTQ youth.

The organization also focuses on public education by hosting online LGBTQ suicide prevention trainings. It advocates for policies and laws that contribute to supporting queer youth.

Website: thetrevorproject.org

Crisis hotline: 1-866-488-7386

General inquiry phone number: 212-695-8650

Trans Lifeline

Trans Lifeline is a hotline run and operated by trans people. Whether you’re questioning if you’re trans or are a trans person just wanting to talk, someone will be there to help. It’s free and confidential, and there won’t be any non-consensual active rescue, such as calling the emergency services.

The line is not 24/7, however. Check out its website for hours within your time zone.

Website: translifeline.org

Phone: 877-565-8860

Here are other organizations that offer support to the trans community:

TransFamilies (support): Support for families with a gender diverse child.

TransLatina Coalition (advocacy): Advocates for the specific needs of the transgender, gender expansive and intersex communities in the U.S.

TransAthlete (information): Provides informative resources about trans athletes.

Campaign for Southern Equality’s Trans Youth Emergency Project (healthcare support): A fund to help trans youth access lifesaving healthcare.

TransTech Social (economic empowerment): Dedicated to discovering and empowering the career-ready skills of LGBTQ+ people.

World Professional Association For Transgender Health (health): Resources, symposiums and research dedicated to improving transgender health.

Sylvia Rivera Law Project (legal): Legal programs and services for marginalized communities.

Gender Spectrum (support): Resources and support groups for trans youth and families.

The Okra Project (support): Creates and supports initiatives that provide resources for the Black Trans community.

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The White House

White House does not ‘respond’ to reporters’ requests with pronouns included

Government workers were ordered not to self-identify their gender in emails

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White House Press Secretary Karoline Leavitt and a senior advisor in the Department of Government Efficiency rejected requests from reporters who included their pronouns in the signature box of their emails, each telling different reporters at the New York Times that “as a matter of policy,” the Trump-Vance administration will decline to engage with members of the press on these grounds.

News of the correspondence between the journalists and the two senior officials was reported Tuesday by the Times, which also specified that when reached for comment, the White House declined to “directly say if their responses to the journalists represented a new formal policy of the White House press office, or when the practice had started.”

“Any reporter who chooses to put their preferred pronouns in their bio clearly does not care about biological reality or truth and therefore cannot be trusted to write an honest story,” Leavitt told the Times.

Department of Government Efficiency Senior Advisor Katie Miller responded, “I don’t respond to people who use pronouns in their signatures as it shows they ignore scientific realities and therefore ignore facts.”

Steven Cheung, the White House communications director, wrote in an email to the paper: “If The New York Times spent the same amount of time actually reporting the truth as they do being obsessed with pronouns, maybe they would be a half-decent publication.”

A reporter from Crooked media who got an email similar to those received by the Times reporters said, “I find it baffling that they care more about pronouns than giving journalists accurate information, but here we are.”

The practice of adding pronouns to asocial media bios or the signature box of outgoing emails has been a major sticking point for President Donald Trump’s second administration since Inauguration Day.

On day one, the White House issued an executive order stipulating that the federal government recognizes gender as a binary that is immutably linked to one’s birth sex, a definition excludes the existence of intersex and transgender individuals, notwithstanding the biological realities that natal sex characteristics do not always cleave neatly into male or female, nor do they always align with one’s gender identity .

On these grounds, the president issued another order that included a directive to the entire federal government workforce through the Office of Personnel Management: No pronouns in their emails.

As it became more commonplace in recent years to see emails with “she/her” or “he/him” next to the sender’s name, title, and organization, conservatives politicians and media figures often decried the trend as an effort to shoehorn woke ideas about gender (ideas they believe to be unscientific), or a workplace accommodation made only for the benefit of transgender people, or virtue-signaling on behalf of the LGBTQ left.

There are, however, any number of alternative explanations for why the practice caught on. For example, a cisgender woman may have a gender neutral name like Jordan and want to include “she/her” to avoid confusion.

A spokesman for the Times said: “Evading tough questions certainly runs counter to transparent engagement with free and independent press reporting. But refusing to answer a straightforward request to explain the administration’s policies because of the formatting of an email signature is both a concerning and baffling choice, especially from the highest press office in the U.S. government.”

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U.S. Military/Pentagon

Air Force rescinds rule barring inclusion of preferred pronouns in email signatures

Conflict with language in military funding package may explain reversal

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The Pentagon (Photo by icholakov/Bigstock)

The U.S. Air Force has issued a “directive to cease the use of ‘preferred pronouns’ (he/him, she/her, or they/them) to identify one’s gender identity in professional communications,” according to a report published in the Hill on Wednesday.

The rule, which applies to both airmen and civilian employees, was first adopted on Feb. 4 pursuant to President Donald Trump’s anti-transgender executive order called, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

Days after the administration’s issuance of that order on the first day of the president’s second term, the Office of Personnel Management instructed agencies across the whole of the federal government to remove pronouns from email signatures and enforce the policy barring employees from using them.

Additionally, on Jan. 27 Trump published an order barring trans people from joining the U.S. Armed Forces, indicating that those who are currently in serving would be separated from the military. The Pentagon is fending off legal challenges to the ban in federal courts.

Particularly given the extent of the new administration’s efforts to restrict the rights of trans Americans and push them out of public life, the Air Force’s reversal of the pronoun guidance was surprising.

According to reporting in Military.com, the move might have come because officials concluded the rule was in conflict with language in the military appropriations funding legislation passed by Congress in 2023.

The NDAA established that the defense secretary “may not require or prohibit a member of the armed forces or a civilian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspondence of the Department.”

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