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McDonnell workplace order lacks gay protections

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Virginia LGBT rights supporters are hoping pending legislation will address a hole in the recent workplace protections order issued by Republican Gov. Bob McDonnell — although they aren’t optimistic about the bill’s prospects.

On Feb. 5, McDonnell issued an executive order barring bias against state workers on the basis of “race, sex, color, national origin, religion, age, political affiliation, or against otherwise qualified persons with disabilities.” The order also protects veterans.

But one glaring omission from the order is sexual orientation. Former Democratic Govs. Mark Warner and Tim Kaine included protections for gays as part of similar executive orders they issued during their tenures in the governor’s mansion.

McDonnell’s office didn’t immediately respond to a request for comment on why protections for gay workers were omitted from the order.

The lack of protections based on sexual orientation in McDonnell’s order didn’t come as a surprise to many gay Virginians. During his campaign, McDonnell said he wouldn’t renew the protections because he believed they were unconstitutional. He cited the Virginia General Assembly’s failure to pass legislation that would have made the protections permanent as part of his rationale for the omission.

McDonnell said during his campaign that he doesn’t believe the government should discriminate on the basis of sexual orientation, but he never specified how he would protect gay state workers from such bias.

David Lampo, vice president of the Virginia Log Cabin Republicans, said “we can only assume” that McDonnell didn’t include gays in his order because “it’s a sincere belief” that such protections are unconstitutional.

But Lampo said if McDonnell is committed to non-discrimination against gays, as he stated during his campaign, the governor should push for legislation that would provide protections in lieu of administrative action.

“[Senate Bill] 66 was passed by the Senate and has come over to the House, and will be voted on in the House at some point of the next week or two,” he said. “So what we want him to do is either to endorse that bill or say that he’ll sign it if comes before him.”

Terry Mansberger, president of the Virginia Partisans, a LGBT Democratic group, also said McDonnell’s failure to include the protections as part of his order means the governor should push for passage of legislation.

“If you won’t put it in there because you believe it should be in the code, well then, step up and make it part of Virginia law like most of the other states have done and bring Virginia into modern times,” Mansberger said.

The legislation passed earlier this month by the Virginia Senate and sponsored by Sen. A. Donald McEachin (D-Richmond) is pending in the House. A similar version of the legislation introduced by Del. Adam Ebbin (D-Alexandria), the only openly gay lawmaker in the Virginia General Assembly, was killed earlier this month in subcommittee.

Although the bill passed in the Democratic-controlled Senate, Ebbin said he’s not optimistic about the bill’s chances in the Republican-controlled House.

“It’s a great challenge since my version has failed, but never say never,” he said. “I’m not optimistic that it’ll pass, but the fact it’s passed the full Senate is notable.”

Ebbin said he envisions passage of the legislation as a multi-year effort and that advocates need to press ahead toward the goal despite setbacks to succeed.

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100th anniversary celebration of Dupont Circle fountain set for May 17

GWU student creates tribute video

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Dupont Circle Fountain, Russian news agency, gay news, Washington Blade
The iconic Dupont Circle fountain turns 100 this month. (Washington Blade file photo by Michael Key)

LGBTQ residents and longtime visitors to D.C.’s Dupont Circle neighborhood are expected to be among the participants in the 100th anniversary celebration of the installation of the Dupont Circle fountain scheduled to be held at the circle on Monday, May 17.

Aaron DeNu, president of Dupont Festival, a nonprofit arts and cultural programming group that’s organizing the celebration, says it will take place from noon to at least sunset inside Dupont Circle.

The celebration will take place one week after the May 10 release of a YouTube video, “How Dupont Circle Evolved as a Hub for LGBTQ+ Life in the District,” produced by George Washington University student Dante Schulz. Schulz is the video editor for the G.W. student newspaper The Hatchet.

Among those appearing in the documentary video are veteran LGBTQ rights activists Deacon Maccubbin and his husband Jim Bennett, who owned and operated the Dupont Circle LGBTQ bookstore Lambda Rising beginning in the 1970s, which is credited with contributing to Dupont Circle’s reputation as the epicenter of D.C.’s LGBTQ community for many years.

Also appearing in the video is longtime D.C. gay activist and Dupont Circle area resident Craig Howell, a former president of the Gay and Lesbian Activists Alliance.

“At this point in time due to COVID restrictions we’re not going to be doing any particular formal gathering of folks,” DeNu told the Washington Blade in describing the May 17 celebration. “But we’ll have a soundtrack that’s playing throughout the day from that original ceremony – the same songs they used in the original dedication a hundred years ago,” he said.

DeNu said the event will also feature “historic imagery” related to Dupont Circle and the people who have gathered there over the years.

“So, we’re really just inviting people to come and have lunch, stop by the park after work, and just stop and reflect on 100 years of Dupont Circle fountain, take a look at the imagery and see some old friends and hopefully stop by and see the Dupont businesses that are around the area,” DeNu said.

The LGBTQ video produced by Dante Schultz can be accessed here.

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Va. GOP governor nominee opposes transgender-inclusive youth sports

Glenn Youngkin made comment to Arlington voters in March

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Glenn Youngkin (Photo via Twitter)

 

The Republican gubernatorial candidate to succeed Virginia Gov. Ralph Northam has said he does not support allowing transgender children to play on sports teams that are consistent with their gender identity.

“Biological males should not be allowed to play sports in girls sports,” Glenn Youngkin said during a meeting with a group of voters in Arlington on March 25, according to the Washington Examiner. “It’s just not fair.”

The Washington Blade has reached out to Youngkin’s campaign for comment.

Youngkin, the former co-CEO of the Carlyle Group, on Saturday defeated Pete Snyder, former House of Delegates Speaker Kirk Cox (R-Colonial Heights), state Sen. Amanda Chase (R-Chesterfield County), Peter Doran, Sergio de la Peña and Octavia Johnson in the Republican Party of Virginia’s nominating convention. Virginia Republicans nominated Winsome Sears and Jason Miyares as their candidates for lieutenant governor and attorney general respectively.

The Democratic Party of Virginia will hold its primary on June 8. Former Gov. Terry McAuliffe is widely expected to win the vote, and run against Youngkin in the general election.

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Trans woman sues D.C. Jail for placing her in men’s unit

Lawsuit charges city with exposing inmates to ‘risk of sexual violence’

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Sunday Hinton (Photo courtesy of the American Civil Liberties Union of D.C.)

The American Civil Liberties Union of D.C. and the D.C. Public Defender Service filed a class action lawsuit on May 11 on behalf of a transgender woman being held in the D.C. Jail on grounds that the city violated its own Human Rights Act and the woman’s constitutional rights by placing her in the men’s housing facility at the jail.

The lawsuit charges that D.C. Department of Corrections officials violated local and federal law by placing D.C. resident Sunday Hinton in the men’s unit at the D.C. Jail against her wishes without following a longstanding DOC policy of bringing the decision of where she should be placed before the DOC’s Transgender Housing Committee.

The committee, which includes members of the public, including transgender members, makes recommendations on whether a transgender inmate should be placed in either the men’s or the women’s housing unit based on their gender identity along with other considerations, including whether a trans inmate’s safety could be at risk. Under the policy, DOC officials must give strong consideration to the recommendations of the committee.

The lawsuit, which was filed in U.S. District Court for the District of Columbia, says the committee has not met or acted on any trans-related jail housing matter since January 2020.

It says Hinton was taken to the D.C. Jail on April 26 after a judge ordered her held following an arrest for an alleged unarmed burglary in which she attempted to take $20.

It notes that the Department of Corrections has a “default” policy of placing transgender inmates in either the male or female housing unit at the D.C. Jail and other city detention holding facilities based on the inmate’s “anatomy.” If a female transgender inmate is anatomically male, the inmate – barring other mitigating circumstances – is placed in the male housing facility under the default policy. Similarly, a male transgender inmate who is anatomically female is placed by default in the women’s housing unit under the DOC policy.

“DOC’s policy of focusing on anatomy rather than gender identity is both discriminatory and dangerous,” the ACLU says in a statement released on the day it filed the lawsuit on Hinton’s behalf. “It forces trans individuals, particularly trans women, to choose between a heightened risk of sexual violence and a near-certain mental health crisis,” ACLU attorney Megan Yan said in the statement.

Yan was referring to yet another DOC policy that sometimes gives a transgender inmate placed in a housing unit contrary to their gender identity the option of being placed in “protective custody,” which the lawsuit calls another name for solitary confinement. The ACLU and the Public Defender Service have said solitary confinement in prisons is known to result in serious psychological harm to inmates placed in such confinement.

“Because DOC’s unconstitutional policy exposes every transgender individual in its custody to discrimination, degradation, and risk of sexual violence, Ms. Hinton seeks, on behalf of a class of similarly situated individuals, a court order that strikes down DOC’s unlawful focus on anatomy as the touchstone for its housing decisions regarding transgender individuals,” the lawsuit states.

It further calls on the DOC to use “gender identity, not anatomy, as the default basis for housing assignments” for transgender inmates and to provide all trans individuals a prompt hearing by the DOC Transgender Housing Committee.

It calls for the DOC to be required to implement the recommendations of the Housing Committee “so that each person is housed as safely as possible and without discrimination.”

In addition to the lawsuit, Hinton’s attorneys filed an application for a temporary restraining order to immediately require the DOC to transfer Hinton to the D.C. Jail’s women’s housing facility. The attorneys also filed a motion for a preliminary injunction to stop the DOC from using a transgender person’s anatomy as the default or sole criteria in making housing assignments at the jail.

In response to a request from the Washington Blade, DOC spokesperson Dr. Keena Blackmon sent the Blade a DOC statement responding to the lawsuit.

“The Department of Corrections is dedicated to the safety and security of all residents in its care and custody,” the statement says. “DOC is committed to following its policies and procedures relating to housing transgender residents,” it says. “Ms. Hinton recently arrived in DOC custody and, per the agency’s COVID-19 protocols, was placed into single-occupancy quarantine for 14 days.”

The statement adds, “Once that quarantine ends, Ms. Hinton will go before the Transgender Housing Committee to determine her housing based on safety needs, housing availability, and gender identity. D.C. DOC is sensitive to Ms. Hinton’s concerns and will continue to ensure that its residents’ needs are met.”

DOC spokesperson Blackmon didn’t immediately respond to a follow-up question from the Blade asking why the Transgender Housing Committee has not met for over a year, which the ACLU has said resulted in all transgender female inmates being placed in the male housing facility.

Blackmon also couldn’t immediately be reached for a second follow-up question asking for DOC’s response to the lawsuit’s claim that DOC officials told Hinton’s lawyers that she was being placed in the men’s housing facility because she was anatomically male.

The lawsuit says the DOC default policy of placing Hinton in the jail’s male housing unit violates the D.C. Human Rights Act, which bans discrimination based on gender identity. The act has been interpreted to mean private businesses or the city government cannot prevent a transgender person from using facilities such as bathrooms or locker rooms that are in accordance with their gender identity.

D.C. Superior Court records show that Hinton has been arrested a total of 24 times in D.C. between 2006 and 2018. All except three of those arrests are listed as misdemeanor offenses, with just three listed as alleged felony offenses. One of the arrests is listed as a traffic offense.

In nearly all of the prior arrests, the court records identify Hinton by her birth first name, with her last name of Hinton used in all of the arrest records.

The burglary offense for which Hinton was charged on April 26 of this year and for which she is currently being held the D.C. Jail would  normally not result in a defendant being held in jail while awaiting trial. The fact that Hinton is being held rather than released pending trial suggests her prior arrest record may have prompted a judge to order her incarceration.

ACLU attorney Yan, who is among the attorneys representing Hinton in the lawsuit, said Hinton’s prior arrest record should not be a factor in the lawsuit.

“We don’t think any of the underlying things are relevant to her claim in this lawsuit, which is based on her identity and the fact that her constitutional and statutory rights to be free from discrimination are being violated,” Yan said. “At the end of the day, Sunday is a transgender woman and she’s a woman and she deserves to be held according to her gender identity as she desires.”

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