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Va. guv addresses anti-gay bias in directive

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Virginian Gov. Bob McDonnell has issued an executive directive saying that discrimination based on sexual orientation in state employment will not be tolerated.

The directive, which is different from an executive order in that it cannot be similarly enforced, comes after state Attorney General Ken Cuccinelli advised Virginia colleges and universities to strike any policies that bar discrimination based on sexual orientation. It also comes after the governor failed to renew his predecessor’s executive order barring discrimination based on sexual orientation in all state employment decisions.

“Employment discrimination of any kind will not be tolerated by this administration,” says the directive. “Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution.”

The directive issued March 10 appeared to countermand — at least in part — Cuccinelli’s advice to state universities and colleges. But it was not immediately clear whether McDonnell’s directive would legally trump Cuccinelli’s advice on the matter.

McDonnell’s directive was silent on the matter of discrimination against students based on sexual orientation.

Martin Kent, the governor’s chief of staff, explained the shift in a message to state employees.

“While the separation of powers doctrine precludes the governor from changing the Virginia Human Rights Act via executive order, he wants to be clear that discrimination in state employment will not be tolerated,” he said. “Independent agencies and state supported colleges and universities should likewise adopt a similar standard of conduct.”

In a statement, Human Rights Campaign President Joe Solmonese said McDonnell’s directive was a step in the right direction, but noted that it’s insufficient to fully protect gay state employees.

“No one should be fooled by the governor’s directive,” he said. “While it is a positive step to acknowledge that employment discrimination is a challenge faced by LGBT Virginians, public employees remain vulnerable without an inclusive executive order or law passed by the legislature.”

Equality Virginia CEO Jon Blair also called the directive a “major positive step forward,” but expressed concern that it was silent on discrimination based on gender identity.

“Equality Virginia applauds his implementation of a ‘standard of conduct’ that recognizes that discrimination based on sexual orientation is unconstitutional and establishes a strict prohibition against such discrimination in the state workforce,” Blair said in a statement.

Saying that more work needs to be done, Blair urged McDonnell and state lawmakers to work with Equality Virginia to codify workplace protections for all LGBT state employees. He also called for legislation protecting Virginians from discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations.

“Equality Virginia sincerely hopes that the attorney general agrees that the governor’s action today is within his authority and that he will defend the governor’s enforcement of Executive Directive #1.”

David Lampo, vice president of the Log Cabin Republican Club of Virginia, also praised the governor’s intervention and called for the directive to be codified in law.

“This is certainly a step in the right direction and certainly puts some meat on the bones of his stated policy of employment non-discrimination,” Lampo said. “[Codifying this directive] is the only fair and just outcome to this controversy, and it would end once and for all the attorney general’s disgraceful attempts to intimidate state colleges and universities into dropping their entirely justified employment non-discrimination policies.”

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District of Columbia

Norton reintroduces bill to ban discrimination against LGBTQ jurors in D.C. Superior Court

Congresswoman notes Congress controls local court system

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D.C. Congressional Del. Eleanor Holmes Norton (D) (Washington Blade photo by Michael Key)

D.C. Congressional Delegate Eleanor Holmes Norton (D-D.C.) on Friday, June 20, reintroduced her bill to ban discrimination against LGBTQ D.C. residents in the process for selecting people to serve as jurors in D.C. Superior Court.

“The bill would clarify that D.C. residents may not be excluded or disqualified from jury service in the local D.C. trial court, the D.C. Superior Court, based on sexual orientation or gender identity,” Norton said in a statement.

“Specifically, this bill would clarify that the term ‘sex,’ which is a protected class under the nondiscrimination law that applies to jurors in the D.C. Superior Court includes sexual orientation and gender identity,” Norton said.

She points out in her statement that under the D.C. Home Rule Act approved by Congress that created D.C.’s local government, including an elected mayor and City Council, the federal government retained control over the local court system.

“Therefore, until D.C. is given authority to amend Title 11 of the D.C. Code, which one of my bills would do, an act of Congress is required to clarify that LGBTQ+ jurors in the D.C. Superior Court are protected from discrimination,” according to her statement.

A spokesperson for Norton couldn’t immediately be reached to determine whether Norton is aware of specific instances where residents were denied jury service because of their sexual orientation or gender identity.  

Online records of congressional action on Norton’s juror nondiscrimination bill show she had introduced it in 2019, 2021, and 2023, when it died in committee each year, except for the 117th Congress in 2022, when it was approved by a committee but died in the full House.

“During Pride month we are reminded of the many contributions of the LGBTQ+ community,” Norton said in her June 20 statement. “Nobody, including D.C. jurors, should be discriminated against based on their sexual orientation or gender identity, and D.C. juries should not be deprived of the service of LGBTQ residents,” she added.

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PHOTOS: Pride on the Pier

Blade’s WorldPride celebration ends with fireworks show

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The Washington Blade's Pride on the Pier. (Washington Blade photo by Michael Key)

The Washington Blade’s second day of Pride on the Pier at The Wharf DC ended with a fireworks show on Saturday, June 7. The fireworks show was presented by the Leonard-Litz LGBTQ Foundation.

(Washington Blade photos by Michael Key)

The Washington Blade’s Pride on the Pier (Photo by Cedric Craig for Wild Side Media)
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Virginia

Hashmi to face Reid in Va. LG race

State senator won Democratic primary on Tuesday

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Ghazala Hashmi (Screen capture via One Vote At A Time/YouTube)

State Sen. Ghazala Hashmi (D-Chesterfield) will face John Reid in the race to become Virginia’s next lieutenant governor. 

Hashmi won the Democratic primary with 27.49 percent of the vote. She defeated former Richmond Mayor Levar Stoney, state Sen. Aaron Rouse (D-Virginia Beach), Babur Lateef, Victor Salgado and Alexander Bastani.

“Tonight, Virginians made history,” said Hashmi in a statement. “We didn’t just win a primary, we sent a clear message that we won’t be bullied, broken, or dragged backward by the chaos in Washington.”

Reid, a gay conservative talk show host, in April won the Republican nomination to succeed Lt. Gov. Winsome Earle-Sears, who is running to succeed Gov. Glenn Youngkin. 

The incumbent governor days after Reid secured the nomination called for him to withdraw his candidacy amid reports that a social media account with his username included “pornographic content.” Reid, who would become the first openly gay person elected to statewide office in Virginia if he wins in November, has strongly denied the reports.

Former state Del. Jay Jones defeated Henrico County Commonwealth’s Attorney Shannon Taylor in Democratic attorney general primary. Jones will face Republican Attorney General Jason Miyares in November.

Youngkin cannot run for a second, consecutive term.

Former Congresswoman Abigail Spanberger will face off against Earle-Sears in November. The winner will make history as the first woman elected governor in the state’s history.

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