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Cuccinelli dogged by protests at George Mason

‘A bigot is a bigot is a bigot’

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Arlington County Board Chairman Jay Fisette joined other local officials and George Mason University students Tuesday to protest the appearance of Virginia Attorney General Ken Cuccinelli. (DC Agenda photo by Michael Key)

Virginia Attorney General Ken Cuccinelli attracted 50 to 60 protesters when he appeared Tuesday at George Mason University — one day ahead of the college’s decision on whether it would follow his advice and remove its LGBT anti-discrimination policies.

State Dels. Adam Ebbin (D-Alexandria), Robert Brink (D-Arlington) and Arlington County Board Chairman Jay Fisette joined students and alumni from the university’s law school in condemning Cuccinelli’s efforts to outlaw LGBT anti-discrimination policies and block federal health care reform.

“Ken Cuccinelli promised to impartially carry out his role as attorney general,” Ebbin told the crowd. “He promised us not to impose his personal agenda on the commonwealth. When Cuccinelli breaks those promises we will call him out. A bigot is a bigot is a bigot.”

Ebbin said Cuccinelli wasn’t spending time on the office’s responsibilities, such as protecting Virginians from criminals, identity theft and fraud.

“To our attorney general, words like toleration and diversity are dirty words. He prefers words like discrimination and persecution. But he’s wrong. Hate is not a Virginian value — it’s not an educational value.”

Inside the university, Cuccinelli told law students that his March 4 letter to universities describing LGBT anti-discrimination policies as unlawful was not an invitation to discriminate.

Third year law student Michael Misiewicz asked if Gov. Bob McDonnell’s subsequent executive directive, which was purported to restore some anti-discrimination protections to LGBT state employees, changed the situation. Cuccinelli said it did not.

The executive directive was “an invention by the governor,” Cuccinelli told the students, bearing “no legal force or effect” and its weight would have to be measured by the courts.

Misiewicz said he came to hear Cuccinelli because he wanted the attorney general to be held accountable for his policies face to face, but was unconvinced by the legal basis the attorney relied upon, that LGBT protections were currently federal domain.

“It would hurt this school [if it chose to repeal LGBT protections],” Misiewicz said. “It would detract the best students who happen to be LGBT. … This school has opened a lot of doors for me, but it would really strip future LGBT students of that opportunity to connect and raise George Mason’s profile.”

“George Mason already has a reputation for being very conservative. If we lost this, it would be that much worse.”

Cuccinelli said his own letter did not hold as much legal weight as a more detailed official opinion, but was intended as advice to schools to repeal LGBT protections.

The attorney general noted that he personally opposes protections based on sexual orientation, but he would uphold them if passed by the General Assembly next year.

The state’s 2010 legislative session ended last week with the shelving of a bill that could have restored LGBT protections for state employees. The bill passed the Senate but died in the House General Laws committee.

In Maryland, that state’s legislature has until Monday to advance de facto parent and family leave entitlement laws that would include same-sex families.

Morgan Meneses-Sheets, Equality Maryland’s executive director, urged supporters to reach out to lawmakers before the crossover deadline. Bills must pass at least one chamber before the deadline to advance this session.

Some lawmakers opposed to the state’s recognition of out-of-state same-sex marriages also are attempting to pass a moratorium on such recognition, and face a similar Monday deadline to advance that effort.

Meanwhile, Maryland’s newly recognized married same-sex couples have yet to be issued official advice on whether to file joint tax returns this year. With the filing deadline of April 15 looming, the state comptroller’s office told DC Agenda the issue was still being investigated.

“We are still reviewing the tax implication of same-sex marriage,” said Caron Brace, an office spokesperson. “Comptroller Peter Franchot believes that a comprehensive review of tax law should be thorough and thoughtful and no artificial deadline unless required by legislation.”

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Virginia

Norfolk transgender resource center vandalized

Anti-trans graffiti spraypainted onto Southeastern Transgender Resource Center’s windows

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Southeastern Transgender Resource Center (Image courtesy of the Southeastern Transgender Resource Center)

The Norfolk Police Department is investigating the vandalism of a transgender resource center’s building.

Tarena Williams, founder of the Southeastern Transgender Resource Center, told WAVY that someone spraypainted anti-trans graffiti on the windows of her organization’s offices on Sunday or Monday morning. Williams told the Hampton Roads television station that seeing the messages was like “walking into hell.”

“I opened up STRC, even the Lamina House,” she told WAVY. “I opened up that to get away from those types of words. This is a place you can come to get away from that, but to see that sprayed over the window. It’s kind of like you are walking into hell. … To be honest, I was like in shock.”

Authorities are investigating the vandalism.

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West Virginia

Appeals court strikes down W.Va. transgender athlete ban

Ruling finds law violates students’ constitutional rights, Title IX

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The 4th U.S. Circuit Court of Appeals on April 16, 2024, blocked West Virginia’s ban on transgender athletes, finding the law violates trans students’ rights under the Equal Protection Clause of the constitution. The ban was challenged by Becky Pepper-Jackson (pictured) a 13-year-old trans student athlete from West Virginia. (Photo courtesy of Billy Wolfe/ACLU)

BY LORI KERSEY | The 4th U.S. Circuit Court of Appeals has struck down West Virginia’s ban on transgender athletes, finding the law violates trans students’ rights under the Equal Protection Clause of the constitution and Title IX, a federal civil rights law prohibiting discrimination based on sex in education programs.

The case, B.P.J. vs. the West Virginia Board of Education, was filed in May 2021 on behalf of Becky Pepper-Jackson, a 13-year-old trans middle school student and track athlete who would be barred from participating if the ban is upheld. Pepper-Jackson is represented by the American Civil Liberties Union, the American Civil Liberties Union of West Virginia and Lambda Legal.

In April 2021, West Virginia Gov. Jim Justice signed into law a bill prohibiting trans women and girls in the state from participating in sports that align with their gender identity. The U.S. Court of Appeals in February 2023 blocked the state from removing Pepper-Jackson from her school’s track and field team as legal advocates appealed a lower court’s ruling upholding the ban. 

In Tuesday’s ruling, Judge Toby Heytens wrote that offering Pepper-Jackson the “choice” between not participating in sports and participating only on boys teams is not a real choice.

“The defendants cannot expect that B.P.J. will countermand her social transition, her medical treatment, and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy,” the judge wrote. 

“By participating on boys teams, B.P.J. would be sharing the field with boys who are larger, stronger, and faster than her because of the elevated levels of circulating testosterone she lacks,” he wrote. “The Act thus exposes B.P.J. to the very harms Title IX is meant to prevent by effectively ‘exclud[ing]’ her from ‘participation in’ all non-coed sports entirely.”

In a statement Tuesday, Joshua Block, senior staff attorney for the ACLU’s LGBTQ and HIV Project, called the court’s ruling “a tremendous victory for our client, transgender West Virginians and the freedom of all youth to play as who they are.”

“It also continues a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be,” Block wrote. “This case is fundamentally about the equality of transgender youth in our schools and our communities and we’re thankful the 4th Circuit agreed.” 

“We hope today’s ruling sends a message of hope to the trans youth of West Virginia,” Aubrey Sparks, legal director of the ACLU of West Virginia, said in the statement. “And a message of warning to politicians who continue to dehumanize this vulnerable population.”

West Virginia is one of 21 states that have banned trans student-athletes over the last three years, according to the ACLU. 

In a statement Tuesday, West Virginia Attorney General Patrick Morrisey vowed to defend the ban and said he is “deeply disappointed” in the decision. 

“The Save Women’s Sports Act is ‘constitutionally permissible’ and the law complies with Title IX,” Morrisey said. “I will keep fighting to safeguard Title IX. We must keep working to protect women’s sports so that women’s safety is secured and girls have a truly fair playing field. We know the law is correct and will use every available tool to defend it.”

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Lori Kersey

Lori Kersey is a reporter with a decade of experience reporting in West Virginia. She covers state government for West Virginia Watch.

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The preceding article was previously published by the West Virginia Watch and is republished with permission.

Nonprofit, nonpartisan, independent journalism not hidden behind a paywall. Mountaineers are always free, and so is West Virginia Watch.

West Virginia Watch is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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District of Columbia

Reenactment of first gay rights picket at White House set for April 17

Event marks 59th anniversary of historic push for gay rights in nation’s capital

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Lilli Vincenz was among the original 1965 White House picketers. (Blade file photo by Michael Key)

D.C.’s Rainbow History Project announced it will hold a reenactment on Wednesday, April 17, of the historic first protest for gay rights in the form of a picket line in front of the White House that took place on that same day in 1965.

In a statement released last week, Rainbow History Project says the reenactment will mark the 59th anniversary of an event that is credited with bringing attention for the first time to the federal government’s longstanding discrimination against a minority group referred to then as homosexuals or gays and lesbians.

The statement notes that the 1965 event was organized by the Mattachine Society of Washington, D.C., the first politically active LGBT organization in the nation’s capital founded by local gay rights pioneer Frank Kameny.

“The picket took place on the White House sidewalk, Lafayette Park, 1600 Pennsylvania Ave., on April 17, 1965,”  the statement says. “For exactly one hour, from 4:20 p.m. to 5:20 p.m., members of the Mattachine Society of Washington walked in a circle, non-stop, in silence, carrying posters of their demands,” the statement continues.

“The White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride Marches and the annual LGBTQ Pride celebrations which occur across the globe,” according to the statement.

It says those picketing in the April 1965 event, which included Kameny and longtime local D.C.-area lesbian activist Lilli Vincenz, both of whom held doctorate degrees, called on the government to adopt the Mattachine Society of Washington’s four major demands: an end to the exclusion of homosexuals from federal government employment; an end to the ban on gays and lesbians from serving in the U.S. military; an end to the “blanket denial” of security clearances for gay people; and an end to the “government refusal to meet with the LGBTQ community.’

Among those who chose not to respond to the request for a meeting was President Lyndon B. Johnson, who occupied the White House at the time of the 1965 picketing.

Vincent Slatt, the Rainbow History Project’s director of archiving and one of the lead organizers of the April 17 reenactment event, said the event is aimed, among other things, at drawing attention to how far the LGBTQ community has come since 1965. He said the event is not in any way a protest of the administration of President Joe Biden and Vice President Kamala Harris, who Slatt called staunch supporters of the LGBTQ community.

“We are just reenacting this historical event and pointing out how far we’ve come,” Slatt told the Washington Blade. “If you think about what it means in 1965 when these people were protesting and LBJ would not even respond to them. And now, we are at a place where Vice President Harris speaks on a stage at Capital Pride.”

The Rainbow History Project statement notes that the reenactment event will also be held in honor of Kameny, who died in 2011, and Vincenz, who passed away in 2023, both of whom participated in a similar reenactment event in 2008.

Among those who will be participating in this week’s reenactment on April 17 will be longtime local LGBTQ rights activist Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler will be carrying a replica of his own picket sign he held at the 1965 event, the statement says.

It says Rainbow History Project volunteers will also carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.

Similar to the 1965 event, the reenactment picketing at the White House will begin on April 17 at about 4:15 p.m., according to Slatt of the Rainbow History Project.

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