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Virginia lawmakers seek ability to defend state laws

House committee approved bill day after AG marriage announcement

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Mark Herring, gay news, Washington Blade

Mark Herring, gay news, Washington Blade

Virginia Attorney General Mark Herring on Thursday announced he will not defend the state’s constitutional amendment that bans same-sex marriage.(Photo courtesy of Herring for Attorney General)

A Virginia House of Delegates committee on Friday approved a bill that would allow any state lawmaker to defend a law if the governor and attorney general decline to do so.

The 13-7 vote in the House Courts of Justice Committee on the measure that state Dels. Todd Gilbert (R-Shenandoah County) and Bob Marshall (R-Prince William County) introduced on Jan. 7 took place a day after Attorney General Mark Herring announced he would not defend the state’s constitutional amendment that bans same-sex marriage.

State Dels. Dave Albo (R-Fairfax County), Rob Bell (R-Charlottesville), Ben Cline (R-Rockbridge County), Jackson Miller (R-Manassas), G. Manoli Loupassi (R-Richmond), Ron Villanueva (R-Virginia Beach), Greg Habeeb (R-Salem), Randy Minchew (R-Loudoun County), Rick Morris (R-Isle of Wight County), James Leftwich (R-Chesapeake), A. Benton Chafin (R-Russell County), Les Adams (R-Pittsylvania County) and Gilbert voted for House Bill 706. State Dels. Vivian Watts (D-Fairfax County), David Toscano (D-Charlottesville), Charniele Herring (D-Alexandria), Jennifer McClellan (D-Richmond), Patrick Hope (D-Arlington County), Mark Keam (D-Fairfax County) and Monty Mason (D-Williamsburg) opposed the measure.

State Dels. Terry Kilgore (R-Scott County) and Jeff Campbell (R-Smyth County) did not vote on HB 706 that contains a so-called emergency clause that would allow it to immediately become law if the governor were to sign it.

“A member of the General Assembly has standing to represent the interests of the commonwealth in a proceeding in which the constitutionality, legality or application of a law established under legislative authority is at issue and the governor and attorney general choose not to defend the law,” reads the measure.

Keam told the Washington Blade the committee vote took place without advance notice.

“Everybody knows that this wouldn’t even be an issue if Herring didn’t do what he did yesterday,” said the Fairfax County Democrat.

Keam further noted the separation of powers between the executive and legislative branches of government has “been the same principle” in Virginia for 400 years.

“Why all of a sudden is there such an urgency that [they feel] like he has to change the rule now,” asked Keam. “The fact that they’re ramroding it through with emergency clause the day after the Mark Herring situation happens tells you that they’re driven by ideology.”

Virginia Republicans and social conservatives have blasted Herring for his decision not to defend the marriage amendment that voters in 2006 approved by a 57-43 percent margin. They also criticized him for joining a federal lawsuit against it that two same-sex couples from Norfolk and Richmond filed last year.

“Why didn’t he tell everybody when he was running for office what he was doing,” Marshall told Roll Call Editor-in-Chief Christina Bellantoni during an interview that aired on “The Kojo Nnamdi Show” on WAMU on Friday. “He kept this very cleverly to himself and sprung this like a Pearl Harbor attack on the people of Virginia after he takes an oath to defend the constitution.”

Pat Mullins, chair of the Republican Party of Virginia, on Thursday said Herring should resign so state lawmakers can appoint a successor who will defend the amendment. National Organization for Marriage President Brian Brown on Friday reiterated his call for legislators to impeach the attorney general.

“He is duty-bound to defend Virginia’s law,” said Brown in an e-mail to supporters. “Yet here he is, abandoning the people and law of Virginia to pursue his own selfish motives.”

The full House is expected to vote on HB 706 on Jan. 29.

The Virginia Senate, which will likely return to Democratic control following former Loudoun County prosecutor Jennifer Wexton’s victory in the special election to fill the seat that Herring had previously held, will likely kill the measure.

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District of Columbia

Mayor Bowser signs bill requiring insurers to cover PrEP

‘This is a win in the fight against HIV/AIDS’

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D.C. Mayor Muriel Bowser (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser on March 20 signed a bill approved by the D.C. Council that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

Like all legislation approved by the Council and signed by the mayor, the bill, called the PrEP D.C. Amendment Act, was sent to Capitol Hill for a required 30-day congressional review period before it takes effect as D.C. law.

Gay D.C. Council member Zachary Parker (D-Ward 5) last year introduced the bill.

Insurance coverage for PrEP drugs has been provided through coverage standards included in the Affordable Care Act, known as Obamacare. But AIDS advocacy organizations have called on states and D.C. to pass their own legislation requiring insurance coverage of PrEP as a safeguard in case federal policies are weakened or removed by the Trump administration, which has already reduced federal funding for HIV/AIDS-related programs.

Like legislation passed by other states, the PrEP D.C. Amendment Act requires insurers to cover all PrEP drugs approved by the U.S. Food and Drug Administration.

Studies have shown that PrEP drugs, which can be taken as pills or by injection just twice a year, are highly effective in preventing HIV infection.

“I think this is a win for our community,” Parker said after the D.C. Council voted unanimously to approve the bill on its first vote on the measure in February. “And this is a win in the fight against HIV/AIDS.”  

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District of Columbia

Blade editor to be inducted into D.C. Society of Professional Journalists Hall of Fame

Kevin Naff marks 24 years with publication this year

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Blade Editor Kevin Naff (Photo courtesy of Naff)

Longtime Washington Blade Editor Kevin Naff will be inducted into D.C.’s Society of Professional Journalists Hall of Fame in June, the group announced this week.

Hall of Fame honorees are chosen by the Society of Professional Journalists’ Washington, D.C., Pro Chapter. Naff and two other inductees — Seth Borenstein, a Washington-based national science writer for the AP and Cheryl W. Thompson, an award-winning correspondent for National Public Radio — will be celebrated at the chapter’s Dateline Awards dinner on Tuesday, June 9, at the National Press Club. The dinner’s emcee will be Kojo Nnamdi, host of WAMU radio’s weekly “Politics Hour.”

“I am tremendously honored by this recognition,” Naff said. “I have spent a lifetime in the D.C. area learning from so many talented journalists and am humbled to be considered in their company. Thank you to SPJ and to all the LGBTQ pioneers who came before me who made this possible.”

Naff joined the Blade in 2002 after years in print and digital journalism. He worked as a financial reporter for Reuters in New York before moving to Baltimore in 1996 to launch the Baltimore Sun’s website. He spent four years at the Sun before leaving for an internet startup and later joining the mobile data group at Verizon Wireless working on the first generation of mobile apps.

He then moved to the Blade and has served as the publication’s longest-tenured editor. In 2023, Naff published his first book, “How We Won the War for LGBTQ Equality — And How Our Enemies Could Take It All Away.”

Previous Hall of Fame inductees include luminaries in journalism like Wolf Blitzer, Benjamin Bradlee, Bob Woodward, Andrea Mitchell, and Edgar Allen Poe. The Blade’s senior news reporter Lou Chibbaro Jr. was inducted in 2015. 

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Maryland

Supreme Court ruling against conversion therapy bans could affect Md. law

Then-Gov. Larry Hogan signed statute in 2018

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(Washington Blade photo by Michael Key)

By PAMELA WOOD, JOHN-JOHN WILLIAMS IV, and MADELEINE O’NEILL | The U.S. Supreme Court on Tuesday ruled against a law banning “conversion therapy” for LGBTQ kids in Colorado, a ruling that also could apply to Maryland’s ban on the discredited practice.

An 8-1 high court majority sided with a Christian counselor who argues the law banning talk therapy violates the First Amendment. The justices agreed that the law raises free speech concerns and sent it back to a lower court to decide whether it meets a legal standard that few laws pass.

Justice Neil Gorsuch, writing for the court’s majority, said the law “censors speech based on viewpoint.” The First Amendment, he wrote, “stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”

The rest of this article can be read on the Baltimore Banner’s website.

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