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Once again, marriage equality inches closer to Supreme Court

David Boies, Ted Olson, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

David Boies and Ted Olson are leading the VIrginia lawsuit heading to the U.S. Supreme Court (Washington Blade photo by Michael Key).

Not even a year has passed since the U.S. Supreme Court issued its landmark decisions against the Defense of Marriage Act and California’s Proposition 8, but a number of cases are already lining up that would enable the high court to make a nationwide ruling in favor of marriage equality.

At least four appellate courts are set to consider the issue this spring amid five district court decisions in favor of marriage equality in Utah, Oklahoma, Ohio, Kentucky and Virginia. Once the appellate courts make their decisions, they will likely be appealed this year to the Supreme Court, which would give justices the opportunity to make a final decision in 2015.

Although the Ohio ruling was limited to death certificates for married gay couples and the Kentucky ruling only provided recognition of out-of-state same-sex marriages, each of the rulings handed down since the DOMA decision were in favor of marriage equality. And in each ruling, justices invoked the decision against DOMA as part of their reasoning for determining state constitutional amendments against same-sex marriage violated the Constitution.

U.S. District Judge John Heyburn, an appointee of former President George H.W. Bush, noted last week in his decision that the words of the DOMA decision by U.S. Associate Justice Anthony Kennedy compels him to rule against Kentucky’s marriage laws.

“Ultimately, the focus of the Court’s attention must be upon Justice Kennedy’s majority opinion in Windsor,” Heyburn said. “While Justice Kennedy did not address our specific issue, he did address many others closely related. His reasoning about the legitimacy of laws excluding recognition of same-sex marriages is instructive. For the reasons that follow, the Court concludes that Kentucky’s laws are unconstitutional.”

Ted Olson, the Republican half of the legal duo arguing against Virginia’s ban on same-sex marriage, during a conference call Friday noted the consistency with which district courts have struck down anti-gay marriage amendments in the aftermath of the DOMA decision.

“Federal courts are consistently, regularly now, affirming the right of gay and lesbian citizens to be a part of the population of the rest of our citizens with equal rights to the fundamental right of marriage,” Olson said.

The cases against same-sex marriage bans in Utah and Oklahoma are the furthest advanced of all the lawsuits seeking marriage equality. They’re before the U.S. Tenth Circuit Court of Appeals in Denver, where oral arguments are scheduled in Utah case for April 10 and the Oklahoma case for April 17. The National Center for Lesbian Rights has joined the law firm of Magleby & Greenwood, P.C., as counsel in the Utah case.

Just behind that lawsuit is the case seeking marriage equality in Nevada filed by Lambda Legal known as Sevcik v. Sandoval. After Nevada Attorney General Catherine Cortez Masto declared her intent to withdraw her brief in favor of the marriage ban, the U.S. Ninth Circuit Court of Appeals last week acceded to her request and pledged to proceed with the lawsuit on an expedited basis, although no date has been set for oral arguments.

The Ohio case has already been appealed to the U.S. Sixth Circuit Court of Appeals, which is also the destination of the Kentucky lawsuit. These cases are also in their early stages at the appellate level, and schedule hasn’t been determined.

And the court ruling against Virginia’s ban on same-sex marriage, the latest to come down from a federal court, will be headed to the U.S. Fourth Circuit of Appeals. Although Virginia Attorney General Mark Herring isn’t defending the ban against same-sex marriage in court, Olson said he sees no standing issue in the case and because county clerks are participating in the lawsuit, the state continues to enforce the law.

But according to Lambda Legal, a total of 52 marriage equality lawsuits are pending in 27 states, and any of the cases at district court level could soon join those at the appellate level.

A judge will likely render a decision soon in the other lawsuit seeking marriage equality in Virginia, which was filed by the American Civil Liberties Union and Lambda Legal. A judge in Michigan has set a trial for that state’s constitutional ban on same-sex marriage on Feb. 25, just as a trial has been set in the Pennsylvania case for June 9.

Given the sheer number of cases making their way through the courts, David Boies, the Democratic half of the legal duo in the Virginia lawsuit, said the Supreme Court would have no shortage of cases from which to choose by the time it begins its term in the fall.

“I think they will all get to the Supreme Court at about the same time,” Boies said. “The Supreme Court can decide to take them all and consolidate them, the Supreme Court can take one or more of the cases, but not all of then. I think that is something that will be determined by the Supreme Court, and, to some extent, by the timing of the court of appeals decision.”

It’s technically possible for the Supreme Court to take up this issue this term once those cases are appealed, which would mean a nationwide ruling by June.

Jon Davidson, legal director for Lambda Legal, nonetheless said it “seems extraordinarily unlikely” the litigation would play out in that way.

“Even if an appellate decision in one of these cases were issued by May, a certiorari petition likely would not get filed until the summer, and the Supreme Court wouldn’t act on that until October,” Davidson said. “It does not have to grant cert on the first, or, even any of these cases. Even if it does, there likely wouldn’t be a decision until the spring of 2015.”

One issue to watch as these cases make their way up is whether courts apply heightened scrutiny, or a greater assumption a law is unconstitutional, to their decisions on the marriage bans. Such a determination would designate gay people with a “quasi-suspect classification” and establish precedent making other laws related to sexual orientation less likely to stand up in court.

When it ruled on the DOMA case last year, the U.S. Second Circuit Court of Appeals already set a precedent for heightened scrutiny for laws related to sexual orientation, but every state in that jurisdiction — New York, Vermont and Connecticut — already has marriage equality.

More recently, the U.S. Ninth Circuit Court of Appeals applied heightened scrutiny in its decision for Smith Kline v. Abbott Laboratories, which determined that jurors cannot be excluded from a trial because of sexual orientation.

Because of the application of heightened scrutiny in that case, the Nevada attorney general stopped defending her state’s marriage ban. Further, expectations are high that courts in Oregon and Arizona, which lie within that jurisdiction, will strike down bans in those states.

It was speculated the Supreme Court took up the Edith Windsor’s challenge to DOMA as opposed to others because the Second Circuit applied heightened scrutiny on that decision, although the high court never explicitly addressed the issue of heightened scrutiny in its ultimate decision. Eyes will be on the Supreme Court to see if it will take up the Ninth Circuit marriage case among others to resolve the issue of heightened scrutiny in the next go-around with marriage equality.

Doug NeJaime, who’s gay and a law professor at University of California, Irvine, nonetheless said he doesn’t think the Supreme Court has interest in resolving this issue for laws related to sexual orientation.

“The Supreme Court in Windsor didn’t explicitly reach this question, even though the lower court had based its decision on heightened scrutiny,” NeJaime said. “Given that, it doesn’t seem the Court is particularly interested in resolving that question, and I don’t think it will do much to persuade the court to take or not take a case.”

Another question is the extent to which the Obama administration will participate in the pending lawsuits. The Justice Department helped litigate against DOMA as party in the lawsuit and assisted in the lawsuit against Prop 8 as a friend of the court, although in the latter case the administration filed a brief and took part in oral arguments only when the litigation reached the Supreme Court.

A number of LGBT advocates have said they’d welcome participation from the Obama administration in the marriage equality cases without making a full-throated call for assistance. On Friday, White House Press Secretary Jay Carney wouldn’t make a prediction on whether the administration will take part and deferred comment to the Justice Department, which hasn’t responded to the Blade’s request to comment.

The opportunity for the Justice Department to file a brief in the Nevada case before the Ninth Circuit has already passed, but another opportunity will come soon. The deadline for filing a friend-of-the-court brief before the Tenth Circuit in the Utah case is March 4.

Erik Olvera, spokesperson for the National Center for Lesbian Rights, echoed the sense of other advocates on the issue, saying a friend-of-the-court brief from the Obama administration would be “welcome” in the Utah case.

“We always welcome the Obama administration to express its views in cases concerning civil rights protected by the U.S. Constitution,” Olvera said.

17
Feb
2014

ACLU, Lambda Legal seek to join Virginia marriage lawsuit

Virginia, Norfolk, same-sex marriage, marriage equality, gay marriage, gay news, Washington Blade

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 American Civil Liberties Union and Lambda Legal on Wednesday petitioned a federal court that is poised to hear a lawsuit challenging Virginia’s same-sex marriage ban to join the case.

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.”

27
Feb
2014

AFER paid law firms more than $6.4 million in Prop 8 case

Proposition 8, Supreme Court, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

The plaintiffs in the Proposition 8 case at the Supreme Court emerge victorious with lawyer David Boies, Human Rights Campaign President Chad Griffin and American Foundation for Equal Rights Executive Director Adam Umhoefer. (Washington Blade file photo by Michael Key)

The American Foundation for Equal Rights between 2009 and 2013 paid more than $6.4 million to two law firms that successfully argued against California’s Proposition 8.

Tax filings indicate former U.S. Solicitor General Ted Olson’s law firm – Gibson, Dunn & Crutcher LLP – received $1,691,714 from AFER for “legal and ancillary legal expenses” between April 23, 2009, and March 31, 2010. The organization paid the law firm $958,655 between April 1, 2010, and March 31, 2011, and another $2,758,352 between April 1, 2011, through March 31, 2012.

Gibson, Dunn & Crutcher LLP received $537,939 from AFER between April 1, 2012, and March 31, 2013. The organization also paid David Boies’ law firm – Boies, Schiller & Flexner LLP – $468,089 for “legal and ancillary legal expenses” between April 1, 2010, through March 31, 2011.

These expenses include payments to expert witnesses who testified against Prop 8, travel and living expenses for lawyers who lived in San Francisco for a month during a three-week trial over which now retired U.S. District Chief Judge Vaughn Walker presided in 2010. Additional costs include the use of LexisNexis and other online research databases and photo copying documents.

Prop 8 supporters raised nearly $40 million in support of the same-sex marriage ban that California voters approved in 2008.

Walker in August 2010 struck down the gay nuptials prohibition.

A three-judge panel on the 9th U.S. Circuit Court of Appeals in San Francisco in February 2012 upheld the ruling. The U.S. Supreme Court last June struck down Prop 8.

AFER’s 2013 tax filings were not available.

“AFER’s case resulted in the return of marriage equality in California for a fraction of the cost of a ballot measure,” AFER Executive Director Adam Umhoefer told the Washington Blade on Tuesday.

Tax filings also indicate AFER raised $14,900,467 between April 23, 2009, and March 31, 2013, that Umhoefer told the Blade includes a “large amount” of contributions from Republican donors. He added his organization estimates the Prop 8 case also generated millions of dollars in earned media coverage for which it did not have to pay.

“Our donors feel very strongly about return on investment,” said Umhoefer.

Gibson, Dunn & Crutcher LLP and Boies, Schiller & Flexner LLP did not return the Blade’s request for comment.

AFER, alongside Olson and Boies, is representing two same-sex couples – Tim Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield – who are challenging Virginia’s constitutional amendment that defines marriage as between a man and a woman.

U.S. District Judge Arenda L. Wright Allen last month struck down the commonwealth’s gay nuptials ban that Attorney General Mark Herring in January announced he would not defend. The 4th U.S. Circuit Court of Appeals in Richmond, Va., in May is scheduled to hold oral arguments in the AFER case and a second lawsuit Lambda Legal and the American Civil Liberties Union filed last summer on behalf of Christy Berghoff and Victoria Kidd of Winchester and Joanne Harris and Jessica Duff of Staunton that has been certified as a class action.

American Foundation for Equal Rights, AFER, Adam Umhoefer, marriage equality, same-sex marriage, gay marriage, gay news, Washington Blade

AFER Executive Director Adam Umhoefer (Washington Blade photo by Michael Key)

Lambda Legal and the ACLU continue to work the case pro bono.

AFER and co-counsel in the Bostic case initially questioned why the two groups petitioned the court to join their lawsuit.

Umhoefer told the Blade his organization’s costs in the Bostic case will be “significantly lower” than the amount of money it spent to challenge Prop 8 because the lawsuit against Virginia’s same-sex marriage ban has worked its way through the courts much faster. He said he expects the 4th U.S. Circuit Court of Appeals will issue its ruling sometime this summer – roughly a year after Bostic and London filed their lawsuit.

20
Mar
2014

Va. plaintiffs’ daughter leads normal life in the spotlight

Emily Schall-Townley, gay marriage, same-sex marriage, marriage equality, Virginia, gay news, Washington Blade, daughter

Emily Schall-Townley (Washington Blade photo by Michael Key)

CHESTERFIELD, Va.– The forsythia shrubs behind Emily Schall-Townley’s suburban Richmond home were in full bloom on Saturday morning as she and her friend, Jordan Cramer, took pictures of each other around an abandoned house. The two teenagers joked, laughed and even teased each other as they took pictures of each other.

“You’re weirdly normal,” Cramer said to her friend.

Schall-Townley repeatedly stressed to the Washington Blade during a series of exclusive interviews at her home on April 4 and 5 that she is simply a normal teenager in spite of her parents’ decision to challenge Virginia’s constitutional amendment that defines marriage as between a man and a woman.

“I’m just a normal, run-of-the-mill person,” she said while siting on a couch in the living room as her parents – Mary Townley and Carol Schall – and Nicholas Graham of the American Foundation for Equal Rights listened.

Schall-Townley, who is a sophomore at Monacan High School in North Chesterfield, has played basketball since she was in third grade. The 16-year-old who obtained her learner’s permit a few months ago also enjoys reading, watching television and spending time with her friends.

“She’s an honor student,” noted Schall proudly after Schall-Townley and another friend, Haley Eiser, left to go to watch “Captain America” at a local movie theater. “Next year she’s taking four or five AP classes.”

Schall-Townley excitedly noted to the Blade while sitting in her living room that she has a “celebrity crush” on Darren Criss from “Glee.” She said she had a dream the night before that Graham received a phone call from Criss on his cell phone while he was working in her family’s home – and she was able to talk with him.

“I love him so much,” said Schall-Townley.

She also noted she would like to meet Dustin Lance Black, the Oscar-winning screenwriter of “Milk” who is a founding AFER board member.

“I think the chances are high for that one,” said Schall-Townley as her parents began to laugh. “I know who Dustin Lance Black is. He’s dating Tom Daley and Tom Daley is beautiful.”

‘This is big’

Emily Schall-Townley, gay marriage, same-sex marriage, marriage equality, Virginia, gay news, Washington Blade

Emily Schall-Townley with her friend. (Washington Blade photo by Michael Key)

Schall-Townley’s first experience in the spotlight came last September when her parents and Timothy Bostic and Tony London of Norfolk – who two months earlier filed a lawsuit against Virginia’s marriage amendment – attended a press conference at the National Press Club in D.C. where AFER announced former U.S. Solicitor General Ted Olson and David Boies had joined the case.

Schall and Townley – who have been together for nearly 30 years and married in California in October 2008 – told their daughter a few weeks earlier that they were going to challenge the commonwealth’s same-sex marriage ban. Schall-Townley told the Blade the D.C. press conference was the first time she realized “OK, so this is big.”

“I felt important,” she said. “It’s not like I got asked the questions or anything like that, but it was like, ‘Wow, I’m on TV with my parents.’ I was nervous.”

Schall-Townley was with her parents inside a federal courtroom in Norfolk on Feb. 4 when U.S. District Judge Arenda L. Wright Allen heard oral arguments in the case.

Schall and Townley broke down their lawyers’ arguments against the marriage amendment in an e-mail they sent to Schall-Townley before the hearing. They also wrote notes to each other during the oral arguments.

Schall-Townley said she felt “bad” for the lawyers for the defendants – Norfolk Circuit Court Clerk George Schaefer, III, and Prince William County Circuit Court Clerk Michèle McQuigg – who referred to “accidental procreation” during the proceeding. Schall-Townley also recalled Austin Nimocks of the Alliance Defending Freedom arguing that same-sex marriage is bad for children.

“That was hard to hear,” she said.

Ruling interrupts Olympic men’s figure skating finals

Schall-Townley was at home watching the men’s Olympic figure skating finals on Feb. 13 when her parents learned Allen had found Virginia’s marriage amendment unconstitutional. It snowed earlier in the day, and Schall shoveled the driveway in anticipation that she and her family would have to drive to Norfolk if the judge issued her decision.

“I was really excited to watch the men’s figure skating final and then we got the call,” she said. “All the attention was demanded there and so we never got to watch it.”

Schall-Townley’s friend Dominque joined her, her parents, Bostic and London and their lawyers at a Norfolk press conference the next morning. She also attended the annual Equality Virginia Commonwealth Dinner in Richmond on April 4 with Schall and Townley.

“At the hearing I had talked to reporters with a TV camera, so it was at least a little bit less daunting,” said Schall-Townley, referring to the reporter from a Norfolk television station with whom she spoke after Allen issued her ruling. “It wasn’t my first time doing it.”

Schall, to whom Schall-Townley refers as “mama,” then proceeded to open up an ottoman in the living room that contained clips about the case. She refers to Townley, who is her birth mother, as “mommy.”

Schall-Townley teased Schall about the six copies of a recent Richmond Times-Dispatch feature on her and her family that Schall kept in a shopping bag.

“It’s getting harder and harder to keep up,” said Schall.

Schall-Townley told the Blade the strangest question she has received thus far came from a radio host who asked her about whether she likes boys.

“I just felt really awkward answering it,” she said. “They didn’t use it, but I was still like I don’t know. It’s because people assume that maybe if you have two lesbian parents they have to have a lesbian child. That’s not true if you have two straight parents and then you have a gay kid.”

Schall-Townley said her classmates, friends and their parents have been supportive of her and her parents as the case works its way through the courts. She noted she thought the same-sex marriage opponents who gathered outside the Norfolk courthouse on Feb. 4 were “funny.”

“I just kind of laughed it off,” said Schall-Townley. “It didn’t bother me.”

“We’re never going to win them over,” added Schall. “If somebody has the strength and puts the effort into making a sign to stand out in front of a courthouse, they’re not the people that we want to win over. We want to win over the people who are sitting in their living rooms and looking at us and saying, ‘well they look normal, maybe it’s OK.’ It’s the middle we want to move, not the end. And those are the wing nuts.”

Friend: Parents ‘deserve the right’ to marry

Emily Schall-Townley, gay marriage, same-sex marriage, marriage equality, Virginia, gay news, Washington Blade

Emily Schall-Townley with a friend. (Washington Blade photo by Michael Key)

Oral arguments in the case are scheduled to begin in the 4th U.S. Circuit Court of Appeals in Richmond on May 13.

The Alliance Defending Freedom, the Liberty Counsel and other anti-LGBT groups have filed briefs with the federal appeals court that argue marriage between a man and a woman is necessary for procreation.

“They actually brushed over our story as if it didn’t exist,” said Townley. “They never mentioned Emily, I mean purposely I think. They don’t mention there have been actual harms that have happened to us.”

Staff at a Richmond hospital admitted Townley when she had pregnancy-related complications, but they refused to allow Schall to see her for several hours. Schall has joint and legal custody of her daughter, but Virginia law does not allow second-parent adoptions for same-sex couples.

A clerk at a local post office in 2012 told Schall she is “nobody, you don’t matter” when she and Townley tried to renew Townley-Schall’s passport.

“They don’t even mention that we have a daughter because it’s so counter to their entire argument,” said Schall, referring to the Alliance Defending Freedom and other groups that continue to defend Virginia’s marriage amendment. “It’s their game.”

Mary Townley, Emily Townley-Schall, Carol Schall, Virginia, Equality Virginia Commonwealth Dinner, gay news, Washington Blade, same-sex marriage, gay marriage, marriage equality

From left, Mary Townley, Emily Schall-Townley and Carol Schall attended the 2014 Equality Virginia Commonwealth Dinner on April 5. (Washington Blade photo by Michael Key)

Schall-Townley’s friends repeatedly told the Blade they “love” her parents.

“It’s great what they’re doing,” said Eiser, discussing how she feels her friend has handled the attention around the case. “Emily’s handled it perfectly.”

“They deserve the right to be married,” added Cramer. “Somebody’s always going to find somebody to be prejudiced against. It’s ridiculous. They’re still human beings; they have the right to do that and they’re not different just because they like the same sex.”

Schall-Townley and her parents feel hopeful ahead of next month’s oral arguments in the 4th Circuit. She described the prospect of the lawsuit reaching the U.S. Supreme Court as “so cool.”

“Any of the cases could be the one that was making [same-sex marriage] for the entire nation legal,” said Schall-Townley. “The fact we could be the case would be cool.”

09
Apr
2014

Ted Olson: Va. gay marriage ban ‘flatly unconstitutional’

David Boies, Ted Olson, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

Ted Olson and David Boies (Washington Blade photo by Michael Key)

Former U.S. Solicitor General Ted Olson on Friday described Virginia’s same-sex marriage ban as “blatant discrimination” that is “unjustified, un-American and flatly unconstitutional.”

“The unmistakable purpose and effect of Virginia’s marriage prohibition is to stigmatize gay men and lesbians – and them alone – and enshrine in Virginia’s constitution and statutory code that they are ‘unequal to everyone else,’” he said in a brief filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va., that urges it to uphold a federal judge’s ruling that struck down the commonwealth’s gay nuptials ban.

Olson said the commonwealth’s marriage amendment “actually harms children” because it prevents gay men and lesbians from tying the knot. Three of the four leading plaintiff couples who are challenging the state’s same-sex marriage ban – Mary Townley and Carol Schall of Chesterfield, Joanne Harris and Jessica Duff of Staunton and Victoria Kidd and Christy Berghoff of Winchester – are raising children.

Timothy Bostic and Tony London of Norfolk, who filed a lawsuit against the state’s gay nuptials ban last July, have been together for 25 years.

“If the commonwealth’s interest truly were ensuring that children received the benefits of parents’ remaining together to rear the children they conceive, that professed objective would be advanced only by allowing same-sex couples to marry,” says Olson.

Olson also notes in the brief filed on behalf of Townley and Schall and Bostic and London that Virginia’s interracial marriage ban dated back to the colonial period. The aforementioned prohibition remained in place until 1967 when the U.S. Supreme Court struck it down in its landmark Loving v. Virginia decision.

“The history of Virginia’s marriage prohibition demonstrates that the laws were intended to oppress,” says Olson. “They were designed to exclude gay men and lesbians from marriage in Virginia on the baseless supposition that gay men and lesbians were launching an ‘attack’ on traditional families that would ‘weaken’ the institution of marriage.”

Olson filed his brief in the Bostic case on the same day Virginia Attorney General Mark Herring defended U.S. District Judge Arenda L. Wright Allen’s February ruling that struck down the commonwealth’s same-sex marriage ban.

Herring announced shortly after he took office in January he will not defend the marriage amendment that voters in 2006 approved by a 57-43 percent margin. Norfolk Circuit Court Clerk George Schaefer, III, and Prince William County Circuit Court Clerk Michèle McQuigg defended the gay nuptials ban in briefs their lawyers filed with the 4th Circuit on March 28.

“The clerks’ narrow vision of marriage and expansive vision of state power to intrude on personal freedoms demean the institution of marriage and the dignity of gay people as free and equal human beings,” wrote Luke C. Platzer of Jenner and Block LLP, a D.C. law firm, in a brief he filed with the 4th Circuit on Friday on behalf of Harris and Duff and Kidd and Berghoff.

The American Civil Liberties Union and Lambda Legal last August filed a lawsuit against the state’s marriage amendment on behalf of the women.

U.S. District Judge Michael F. Urbanski in January certified the ACLU and Lambda Legal lawsuit as a class action. The 4th Circuit last month allowed the groups to intervene in the Bostic case.

Lawyer: Defendants’ claims are ‘bizarre’

Platzer dismissed claims the marriage amendment is necessary for the procreation of children.

“The clerks’ assertion that allowing same-sex couples to marry would sever the association between marriage and raising children is bizarre,” he says.

OurServe-SLDN and the American Military Partner Association and a group of constitutional law scholars that include Deborah Hellman and John C. Jeffries, Jr., of the University of Virginia School of Law on Friday filed amicus briefs with the 4th Circuit.

“Gay and lesbian individuals have limited ability to protect themselves through the political process against continued public and private discrimination,” writes Lori Alvino McGill of the D.C. law firm Latham and Watkins LLP on behalf of the scholars, referring to the defendants in the Bostic case who argue gays and lesbians have gained political influence in recent years. “The barriers to gay and lesbian persons achieving equal respect, equal dignity, and equal rights through the political process remain daunting, and private discrimination and hostility are still often both widespread and fierce.”

Neighboring Maryland is among the 18 states and D.C. that have extended marriage rights for same-sex couples.

Gays and lesbians in North Carolina, West Virginia, Pennsylvania, Florida, Alabama and other states have filed marriage lawsuits since the U.S. Supreme Court last June struck down a portion of the Defense of Marriage Act. A three-judge panel with the 10th U.S. Circuit Court of Appeals on Thursday heard oral arguments in an appeal of a federal judge’s ruling late last year that found Utah’s same-sex marriage ban unconstitutional.

The 4th Circuit is scheduled to hear oral arguments in the Bostic case on May 13.

12
Apr
2014

First hearing in Virginia marriage lawsuit scheduled

Carol Schall, Mary Townley, gay marriage, same-sex marriage, marriage equality, Virginia

Carol Schall (left) with Mary Townley and their daughter Emily. (Washington Blade photo by Michael Key)

The first hearing in a federal lawsuit that challenges Virginia’s same-sex marriage ban is scheduled to take place in Norfolk, Va., on Jan. 30.

Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia will hold the hearing in the lawsuit that Tim Bostic and Tony London of Norfolk filed in July. Carol Schall and Mary Townley of Richmond are also plaintiffs in the case the American Foundation for Equal Rights joined in September.

“This case is about liberty,” David Boies said during a Sept. 30 press conference in D.C. during which AFER formally announced he and Ted Olson, who argued against California’ s Proposition before the U.S. Supreme Court, had joined the case. “It’s about the pursuit of happiness. It’s about the inalienable right of every individual to marry the person who they love.”

The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia in August filed a class action federal lawsuit against the commonwealth’s gay nuptials ban on behalf of two lesbian couples from the Shenandoah Valley who had been denied marriage licenses.

U.S. District Judge Michael F. Urbanski on Dec. 23 ruled Staunton Circuit Court Clerk Thomas E. Roberts and Janet Rainey, the state registrar of vital records, will remain defendants in the case. He removed outgoing Virginia Gov. Bob McDonnell from the lawsuit because he is not specifically responsible for enforcing the state’s marriage laws.

Gov.-elect Terry McAuliffe and Attorney General-elect Mark Herring both support nuptials for gays and lesbians.

It remains unclear whether they will defend Virginia’s same-sex marriage ban once they take office on Saturday.

State Sen. Adam Ebbin (D-Alexandria) and state Del. Charniele Herring (D-Alexandria) are among the Virginia lawmakers that have introduced resolutions that would seek a repeal of the commonwealth’s same-sex marriage ban that voters approved in 2006.

09
Jan
2014

Plaintiffs in Va. case prepare for day in court

Carol Schall, Mary Townley, gay marriage, same-sex marriage, marriage equality, Virginia

Carol Schall (left) with Mary Townley and their daughter Emily. (Washington Blade photo by Michael Key)

Two same-sex couples who have filed a lawsuit against Virginia’s same-sex marriage ban told the Washington Blade on Monday they simply want the commonwealth to legally recognize their relationships.

“We want to be married,” said Tony London of Norfolk, who has been with his partner, Timothy Bostic, for 25 years. “It’s important to us as Virginians that we get married in the state that we love and this is a state we’ve called home for so long.”

Bostic and London last July filed a federal lawsuit against Virginia’s constitutional amendment that defines marriage as between a man and a woman after the Norfolk Circuit Court denied their application for a marriage license. Carol Schall and Mary Townley, a Chesterfield couple who has been together for 30 years, joined the case in September.

Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia in Norfolk will hold oral arguments in the lawsuit on Tuesday. A snowstorm postponed the hearing that had been scheduled to take place on Jan. 30.

“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Blade. “When one of us is sick or when one of us needs surgery or when health care is an issue, we need to be there for each other. And Virginia should not be in the business of standing in the way of people wanting to care for each other and take responsibility for each other.”

Schall and Townley, who have been together for 30 years, married in California in 2008.

The women’s 16-year-old daughter Emily joined them and Bostic and London at a D.C. press conference last September where the American Foundation of Equal Rights announced Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court, had joined their case.

“’You know mom, I think it’s cool what you guys are doing,’” said Schall as she recalled the conversation she and Townley had with their daughter as they drove home from the nation’s capital after the press conference. “’I would be there no matter what.’”

Bostic, who is an assistant English professor at Old Dominion University in Norfolk, told the Blade his neighbors in the neighborhood in which he and London have lived for 17 years have been “extremely supportive” of them. Schall, who is an assistant professor at the Virginia Commonwealth University School of Education in Richmond, said her 80-year-old father told her earlier on Monday to “go get em’ kid; don’t let anybody stand in your way.”

“We’re just a family – we go out to Martin’s to shop and Target and all of that,” Townley, who works at Health Diagnostic Laboratory in Richmond, told the Blade as she discussed how her colleagues and others with strong religious beliefs have supported her and Schall’s decision to challenge Virginia’s marriage amendment. “It’s an amazing transformation for them. It’s a really nice feeling for them and for us.”

Virginia voters in 2006 approved the marriage amendment by a 57-43 percent margin.

Schall was a canvasser for Equality Virginia, a statewide LGBT advocacy group, when state lawmakers were debating whether to put the issue on the ballot.

“As the election results came in, [I was] just feeling really overwhelmingly sad that my friends and neighbors had voted against me,” she said.

Bostic told the Blade he and London also “fought very hard against” the marriage amendment.

“It really did feel like a repudiation by our friends and neighbors,” said Bostic, noting a majority of Norfolk voters did not support the gay nuptials ban. “Why should I have to ask for this right? Why is this fight even here? I’m a citizen.”

Attorney General Mark Herring on Jan. 23 announced he would not defend the marriage ban.

The Republican-controlled Virginia House of Delegates on Monday overwhelmingly approved a bill that state Dels. Bob Marshall (R-Prince William County) and Todd Gilbert (R-Shenandoah County) introduced that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so. Governor Terry McAuliffe last week denied a request from Marshall, Gilbert and 28 other lawmakers to appoint a special counsel to defend the marriage amendment.

A federal judge in Harrisonburg on Jan. 31 certified a second lawsuit the American Civil Liberties Union, Lambda Legal and the ACLU of Virginia filed on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in the commonwealth as a class action.

“Having the attorney general on our side just greatly amplifies our efforts to bring fairness and full rights to gay and lesbian couples all across the commonwealth,” London, a real estate agent and U.S. Navy veteran, told the Blade. “We have a very strong case and look forward to succeeding and I believe we will.”

Schall said she and Townley “are prepared” to hear attorneys who are representing the defendants in their case – Prince William County Circuit Court Clerk Michèle McQuigg and Norfolk Circuit Court Clerk George Schaefer – discuss their relationship “maybe in not so much complimentary ways.” Their daughter is also expected to attend the oral arguments with a close family friend.

“At the end of the day, we are just so regular and typical,” Schall told the Blade. “People who fuss about this just really don’t understand this is just about being in love.”

Bostic had a similar view.

“Tony is my soul mate,” he said. “I don’t think that there’s anybody out there–gay or straight–that would have a difficult time understanding our desire to marry our soul mates.”

04
Feb
2014

Judge hears oral arguments in Va. marriage case

Josh Duggar, Victoria Cobb, Family Foundation of Virginia, Allison Howard, Concerned Women for America, E.W. Jackson, Norfolk, gay marriage, same-sex marriage, marriage equality, Virginia, gay news, Washington Blade

From left: Josh Duggar, Victoria Cobb of the Family Foundation of Virginia, Allison Howard of Concerned Women for America and EW Jackson take part in an anti-gay marriage rally outside the Norfolk ,Va., federal courthouse on Feb. 4. (Photo courtesy of the Family Foundation of Virginia)

A federal judge in Norfolk, Va., on Tuesday heard oral arguments in a lawsuit that challenges Virginia’s same-sex marriage ban.

Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court, told Judge Arenda L. Wright Allen of the U.S. District for the Eastern District of Virginia the commonwealth’s constitutional amendment that defines marriage as between a man and a woman violates the 14th Amendment. The two men represent Timothy Bostic and Tony London and Norfolk and Carol Schall and Mary Townley of Chesterfield who filed suit against the gay nuptials ban last year.

“As a proud Virginian, I am gratified to represent two loving couples in my home state who want nothing more than to have the state recognize their relationships,” said Olson. “Virginia’s prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status. Laws excluding gay men and lesbians from marriage violate personal freedom, are an unnecessary government intrusion, and cause serious harm. That type of law cannot stand.”

Attorney General Mark Herring, who announced last month he would not defend the marriage amendment, is among those who attended the hearing.

“Today was a very significant day in the journey toward full equality under the law for all Virginians,” said Herring in a statement after he left the courthouse. “I am proud to say that the commonwealth of Virginia stood on the right side of the law and the right side of history today in opposing this discriminatory ban.”

Lawyers with the Alliance Defending Freedom who are representing Prince William County Circuit Court Clerk Michèle McQuigg defended the marriage amendment that Virginia voters approved by a 57-43 percent margin in 2006. Norfolk Circuit Court Clerk George Schaefer tapped attorneys with former Virginia Gov. Bob McDonnell’s Virginia Beach law firm to represent him in the case.

The Family Foundation of Virginia and a group of professors from Regent University and other conservative academic institutions filed amicus briefs with the court in support of the marriage amendment.

“These citizens support marriage as defined by our constitution because they understand and recognize that our children deserve, whenever possible, to have both a mom and a dad,” said Victoria Cobb, president of the Family Foundation of Virginia. “They are also frustrated that they’ve been disenfranchised by an unconscionable and unprecedented decision by the attorney general of Virginia to take a position in court against the marriage amendment.”

Cobb joined former Virginia lieutenant gubernatorial candidate E.W. Jackson, Josh Duggar of the TLC series “19 Kids and Counting” who works for the Family Research Council, Allison Howard of Concerned Women for America and other same-sex marriage opponents who rallied outside the courthouse before the hearing. Roughly 60 LGBT rights advocates and other supporters of nuptials for gays and lesbians attended a candlelight vigil on Monday night.

“We want to be married for the happy times, but we need to be married for the sad times,” Schall told the Washington Blade on Monday during an interview with her and Townley and Bostic and London. “Virginia should not be in the business of standing in the way of people wanting to care for each other and take responsibility for each other.”

The hearing took place a day after the Republican-controlled Virginia House of Delegates overwhelmingly approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so.

The measure’s sponsors — state Dels. Bob Marshall (R-Prince William County) and Todd Gilbert (R-Shenandoah County) — are among the 30 lawmakers who asked Gov. Terry McAuliffe to appoint a special counsel to defend the marriage amendment.

The governor, who supports marriage rights for same-sex couples, last week declined to do so.

A federal judge in Harrisonburg on Jan. 31 certified a second lawsuit the American Civil Liberties Union, Lambda Legal and the ACLU of Virginia filed on behalf of two lesbian couples from the Shenandoah Valley who are seeking marriage rights in the commonwealth as a class action.

Allen said she would issue her ruling in the AFER case “soon.”

“We want to be married,” London told the Blade on Monday. “It’s important to us as Virginians that we get married in the state that we love.”

04
Feb
2014

Spencer Perry continues moms’ tradition of activism

Spencer Perry, Proposition 8, George Washington University, gay news, Washington Blade

Spencer Perry is a student at George Washington University and the son of Prop 8′s plaintiffs. (Washington Blade photo by Michael Key)

Spencer Perry takes after his parents.

The 19-year-old son of the lesbian plaintiff couple in the case against California’s Proposition 8 is straight, but as a freshman at George Washington University, he’s taken leadership roles in the school’s gay-straight alliance and LGBT graduate program.

In an interview with the Washington Blade at GWU’s Duques Hall, Spencer says he would pursue LGBT activism even if his parents — Kris Perry and Sandy Stier — weren’t plaintiffs in the case that restored marriage equality to California, because of his experience in youth government programs during his adolescence.

“Sometimes I got the opportunity to travel across the country and meet others with different views on LGBT rights,” Perry says. “More often than not, I found myself even just in conversations casually, advocating for my parents and advocating for the family that we have and families just like theirs. I really felt proud of myself doing that. It was a good feeling and I wanted to keep pursuing it.”

After growing up in Berkeley, Calif., which he calls a “bubble” in terms of support for LGBT people, Spencer enrolled at GWU, where he double majors in political science and economics. Shortly after enrolling, he was elected freshman representative for Allied in Pride and was appointed as a board member of GWU’s LGBT Health Graduate Certificate Program.

He moved to D.C., where he lives on campus at Thurston Hall, at the same time his parents relocated to the area after Kris Perry accepted a job as executive director of the First Five Years Fund, a non-profit that seeks early childhood education for disadvantaged children.

Spencer says his focus at Allied in Pride is getting the culture at GWU “to be more embracing of LGBT individuals” on campus.

The next big task? Preparing for the second annual amateur drag show set for Feb. 13 called “Allied in Greek” — a collaboration between the Allied in Pride and Greek life in which members of GWU’s fraternities and sororities dress up in drag. The goal for the event, which will take place at 7 p.m. at Lisner Auditorium, is to show support for fellow LGBT students and benefit The Trevor Project, which seeks to help LGBT youth considering suicide.

Nick Gumas, who’s gay and president of Allied in Pride, praised Perry.

“Spencer has been an important part of Allied in Pride since he joined at the start of last semester,” Gumas says. “He always brings his creativity and positive energy to all of our meetings and events. It has been an absolute pleasure getting to know Spencer and I know he is going to continue to do great things in the future.”

Spencer knows firsthand the feeling of having the rights of his family taken from him. On Election Day in 2008 — the same day that President Obama was elected to office — voters in California approved Prop 8, rescinding the marriage rights that gay couples already enjoyed in the state.

“Anyone will tell you who lived in California and is part of the LGBT community, that was a very embarrassing moment because No. 1, we elected a phenomenal president, the first black president, which was a terrific feeling to be part of that, but at the same time, Proposition 8 was passed, too,” he says.

The day the California Supreme Court upheld Prop 8, Kris Perry and Stier — along with Los Angeles couple Paul Katami and Jeffrey Zarrillo — filed a lawsuit in federal court seeking to overturn Prop 8. They were represented by the legal dream team of Ted Olson and David Boies, who were hired by the then newly formed American Foundation for Equal Rights.

The lawsuit wasn’t filed before Kris Perry, his birth mother, and Stier, who became his stepmother after a previous relationship Kris Perry had with another woman, asked their four children, including Spencer and his twin brother Elliott, whether it was OK.

“I remember one day after school right before dinner around that time, Kris and Sandy sat us down,” Spencer says. “They said, ‘Listen, we’ve been approached by this group called AFER and they’re interested in pursuing a lawsuit to overturn Proposition 8 as unconstitutional. We’re very interested, but we want to make a collective decision as a family. So they asked us if Elliott and I would be OK with that.”

It didn’t take much to convince Spencer to be willing to come on board.

“Elliott and I jumped at the opportunity,” he says.

At first, Spencer says his parents “did their darndest to keep us kind of protected” from the public interest surrounding the case. But as the case proceeded through the district court, to the U.S. Ninth Circuit Court of Appeals and to the Supreme Court, and Spencer grew older and more interested in public affairs, he was able to speak out and talked to media outlets.

“I really did enjoy it,” Spencer says. “Not to be someone who’s devoted to attention, but it really was a good feeling to voice my opinion and to make sure people understand there are kids who have gay parents all across America.”

In addition to speaking at various news conferences, Spencer gave interviews to the San Francisco Chronicle, People magazine, the Los Angeles Times and New York Times, among others

One of the views against same-sex marriage that Spencer had to address — and one that he was living proof to counter — was the often-used argument that children of same-sex parents don’t fare as well as those raised by their opposite-sex biological parents.

“I’ve heard the argument a million and one times, but if anything, my gut reaction is that it’s kind of hurtful to hear that because my parents love each other, I’m worse off for it,” Spencer says. “I can’t tell you how loving and proud, and just absolutely supportive, my parents are of me. And how much better I am for them being my parents.”

After years of litigation, the case ended up before the U.S. Supreme Court, where justices ruled 5-4 that proponents of Prop 8 had no standing to defend the lawsuit, leaving in place a U.S. District Court decision from Judge Vaughn Walker that overturned the amendment on the grounds that it violated the equal protection rights of gay couples in the state.

But before that momentous decision, the justices scheduled oral arguments on March 26 to hear both sides in the case. Although Spencer wasn’t initially expecting to attend that day, an AFER board member was kind enough to give seats to allow him and Elliott to attend.

Spencer found himself sweating and uncomfortable as he observed Olson, anti-gay attorney Charles Cooper and Solicitor General Donald Verrilli makes their arguments before the justices, but for reasons other than the historic nature of the occasion.

“I caught food poisoning the night before,” Spencer says. “I never had food poisoning before, so I didn’t know what was happening, but I was just clenching the arms in my chair and sweating a little bit. I thought it was just nerves or something.”

Still, Spencer says he was inspired by what he saw, especially the comments from U.S. Associate Justice Anthony Kennedy.

“It was absolutely fantastic, especially listening to Justice Kennedy, it really touched my heart when he spoke about the kids who were involved in these cases, the children who belong to these families and feel disenfranchised by their government,” Spencer says.

Decision day came on June 28. This time Spencer wasn’t in D.C. — even though his parents were there to celebrate along with Human Rights Campaign President Chad Griffin on the steps of the Supreme Court — and instead was in North Carolina with other students involved in the debate team.

“The entire period when I was doing that, I was checking my phone, checking my Twitter, Instagram, everything I could get my hands on, every media outlet if it was going to happen,” Spencer says.

Despite the ups and downs as the case went through the courts, Spencer says the experience as a whole was positive and brought him closer to his family.

“Looking back on it, I feel immensely proud of my moms,” Spencer says. ”I never felt closer to them than when I saw Kris and Sandy testifying in front of a federal judge. Even now, I still feel proud to know that they changed the lives of so many people for the better.”

Peter Rosenstein, a gay Democratic activist and friend of Spencer’s, calls him “a great kid” and says the apple doesn’t fall far from the tree in terms of the pursuit of activism shared by his parents.

“I enjoyed his response when I was first introduced to him and asked if he was gay or straight,” Rosenstein says. “He said, ‘straight, my mom’s didn’t rub off on me’ to which I responded my parents didn’t rub off on me either. I think his being at GW will be great for the school and great for all the kids that meet him.”

What should the national LGBT movement focus on next? Spencer says it should be winning state battles on marriage equality throughout the country, so when the issue returns to the Supreme Court, justices will make a favorable ruling for gay couples throughout the country.

“There’s going to be political ideology in any ruling, and there’s going to be influence in public opinion, but I think the way that public opinion has absolutely shifted in the past four years in support of marriage equality and LGBT rights, it really does speak to the fact that there’s an opportunity for a national precedent on marriage equality in the Supreme Court,” Spencer says.

05
Feb
2014

Olson, Boies join Virginia marriage lawsuit

David Boies, Ted Olson, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

Ted Olson and David Boies (Washington Blade photo by Michael Key)

The American Federation of Equal Rights on Sunday announced the lawyers who argued against California’s Proposition 8 before the U.S. Supreme Court will join a federal lawsuit that seeks to overturns Virginia’s same-sex marriage ban.

The Washington Post first reported attorneys representing Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond asked Ted Olson and David Boies to join the case. The plaintiffs joined one of their lawyers, Tom Shuttleworth, AFER Executive Director Adam Umhoefer and Human Rights Campaign President Chad Griffin at a press conference that took place at the National Press Club in downtown D.C. on Monday

“I’m a Virginian,” Olson said, referring to the fact that Thomas Jefferson and many of the country’s other founding fathers are from the commonwealth. “Of all places in the United States, Virginia should recognize the rights of equality. Men and women in that state have the same basic fundamental underlying freedoms that everyone in America has.”

“This case is about liberty,” Boies added. “It’s about the pursuit of happiness. It’s about the inalienable right of every individual to marry the person who they love.”

Carol Schall, Mary Townley, gay marriage, same-sex marriage, marriage equality, Virginia

Carol Schall (left) with Mary Townley and their daughter Emily. (Washington Blade photo by Michael Key)

Bostic and London, who have been together for 24 years, in July filed a federal lawsuit that challenges Virginia’s gay nuptials ban after the Norfolk Circuit Court denied them a marriage license. Towning and Schall, who have been together for 30 years and married in California in 2008, joined the Norfolk couple’s case earlier this month when their lawyers filed an amended lawsuit.

“We aren’t asking for special privileges or treatment,” Towning said at the National Press Club press conference as she stood alongside Schall and their 15-year-old daughter Emily. “We just want to be the same as everyone else to be married.”

Bostic told reporters his family’s Virginia roots date back to before the Declaration of Independence.

“I also stand before you as an individual who has and continues to be discriminated against by my home state because of who I am and who I love,” he said.

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

Virginia voters in 2006 approved a state constitutional ban on same-sex marriage, but Olson and Boies’ decision to join this case comes as the issue of nuptials for gays and lesbians continues to gain traction across the country after the U.S. Supreme Court in June struck down Prop 8 and a portion of the Defense of Marriage Act.

The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia last month filed a class action federal lawsuit against Virginia’s gay nuptials ban on behalf of two lesbian couples from Richmond and Staunton who had been denied marriage licenses. The ACLU in July formally challenged Pennsylvania’s statutory gay marriage ban on behalf of 10 same-sex couples and a lesbian widow.

New Jersey Gov. Chris Christie on Friday said he’d appeal a judge’s ruling that said the state must allow gays and lesbians to marry. An Illinois judge on the same day said two lawsuits that challenge the state’s same-sex marriage ban can proceed.

Gay couples in New Mexico and Ohio have also filed lawsuits seeking marriage rights.

Lambda Legal, the ACLU and the ACLU of Virginia on Monday filed a motion with the U.S. District Court for the Western District of Virginia in Harrisonburg that seeks an expedited judgment in their case that challenges the commonwealth’s same-sex marriage ban.

“Virginians denied the freedom to marry have no meaningful legislative path to gain the same protections for their families as other loving committed couples,” ACLU of Virginia Executive Director Claire Guthrie Gastañaga said. “That’s why we’ve had to ask the federal court to overturn Virginia’s sweeping bans on recognizing same-sex relationships. We shouldn’t have to go to federal court to get Virginia to do what’s right.”

Gay state Sen. Adam Ebbin (D-Alexandria) is among those who applauded Olson and Boies’ decision to join the case.

“It is not a question of whether marriage equality will come to Virginia; it is a question of when,” he said in a statement in which he also praised Lambda Legal, the ACLU and the ACLU of Virginia for challenging the commonwealth’s same-sex marriage ban. “This is the time for Virginia to wake up from history–as Jefferson said, ‘laws and institutions must go hand in hand with the progress of the human mind.’”

“This team brings years of experience advocating for the rights of gay and lesbian couples and will only help to ensure that all Virginians will soon be able to enjoy the freedom to marry,” James Parrish, executive director of Equality Virginia, added. “As we continue our work to change hearts and minds throughout the state, we will closely monitor both this lawsuit and the one filed by the ACLU and Lambda Legal.”

Tucker Martin, a spokesperson for Gov. Bob McDonnell, defended the gay nuptials prohibition.

“The 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,” Martin said. “It is the law in this state based on the popular will of the voters as expressed at the ballot box.”

Attorney General Ken Cuccinelli did not immediately return the Washington Blade’s request for comment. He did reaffirm his opposition to marriage rights for gays and lesbians as he squared off against former Democratic National Committee Chair Terry McAuliffe during the latest gubernatorial debate that took place in McLean on September 25.

“I understand and respect the fact that this is a sensitive issue to a lot of Virginians,” Cuccinelli said. “But I’m one of those who do believe that the institution of marriage should remain between one man and one woman.”

Both Olson and Umhoefer noted during the AFER press conference that the U.S. Supreme Court in 1967 struck down the commonwealth’s interracial marriage ban in its landmark Loving v. Virginia decision.

“We’re hoping that the case in Virginia is the beginning of the end,” Boies said, referring to the movement for marriage rights for same-sex couples after the U.S. Supreme Court found Prop 8 and the Defense of Marriage Act unconstitutional. “The citizens of Virginia, no less than the citizens of California are entitle to marry the person they love.”

Boies told the Blade he and Olson decided to join the case Bostic and London and Schall and Townley filed because it was the first one in the commonwealth to “establish marriage equality.” Greg Nevins of Lambda Legal said after the AFER press conference that Boies and Olson’s involvement in legal efforts to extend marriage rights to gays and lesbians in Virginia “can only be a good thing.”

“We’re happy to collaborate and work with anyone who shares this goal,” Nevins said.

Boies also told the Blade he would like to see President Obama intervene in the Virginia marriage case of which he and Olson are now a part as the Justice Department did in the Prop 8 lawsuit.

30
Sep
2013