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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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Va. senator introduces anti-transgender student athlete bill

Democrats have vowed to thwart anti-LGBTQ measures in state Senate

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transgender, Gender Conference East, trans, transgender flag, gay news, Washington Blade
(Washington Blade photo by Michael Key)

A Virginia lawmaker has introduced a bill that would ban transgender students from joining school sports teams that are consistent with their gender identity.

Senate Bill 766, which state Sen. Jennifer Kiggans (R-Virginia Beach) introduced on Friday, would require “each elementary or secondary school or a private school that competes in sponsored athletic events against such public schools to designate athletic teams, whether a school athletic team or an intramural team sponsored by such school, based on biological sex as follows: (i) ‘males,’ ‘men,’ or ‘boys’; (ii) ‘females,’ ‘women,’ or ‘girls’; or (iii) ‘coed’ or ‘mixed.'”

“Under the bill, male students are not permitted to participate on any school athletic team or squad designated for ‘females,’ ‘women,’ or ‘girls’; however, this provision does not apply to physical education classes at schools,” adds the bill. “The bill provides civil penalties for students and schools that suffer harm as a result of a violation of the bill. Such civil actions are required to be initiated within two years after the harm occurred.”

Kiggans introduced her bill less than a week after Republican Gov. Glenn Youngkin took office.

Youngkin during his campaign said he does not support allowing trans children to play on sports teams that are consistent with their gender identity. Elizabeth Schultz, an anti-LGBTQ former member of the Fairfax County School Board, has been named the Virginia Department of Education’s Assistant Superintendent of Public Instruction.

The General Assembly’s 2022 legislative session began on Jan. 12 with Republicans in control of the state House of Delegates. Democrats still control the state Senate, and they have pledged to thwart any anti-LGBTQ bills.

“Let’s be clear: This is part of an ongoing, nationwide effort to exclude trans people from enjoying the benefits of sports like their cisgender peers,” tweeted the American Civil Liberties Union of Virginia on Friday after Kiggans introduced SB 766. “We won’t tolerate this.”

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Comings & Goings

Hazen inducted into Cooperative Hall of Fame

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Paul Hazen

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected] 

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to Paul Hazen on his being inducted into the 2022 Cooperative Hall of Fame.  On receiving the honor, he said, “I am very lucky to be given the opportunity to combine my work in international development with my volunteer cooperative development work in Washington DC.”

Hazen is executive director, U.S. Overseas Cooperative Development Council (OCDC) and has devoted his career to elevating the cooperative voice domestically and internationally. U.S. co-ops include Ace Hardware, Land O’Lakes, Inc., Sunkist, REI and the Associated Press. Hazen helped establish federal legislation promoting rural co-op development.  

Prior to joining OCDC, he was CEO of Washington, D.C.-based National Cooperative Business Association CLUSA International. During his 25-year tenure with the organization, he held key positions, including chief operating officer, vice president of public policy, vice president of member services and director of consumer cooperatives.

He worked for Rep. Al Baldus (Wisc.). He was executive director of Rural Housing Inc. in Madison, Wisc., where he developed co-ops and affordable housing projects in rural communities. 

As a volunteer, Hazen formed the Community Purchasing Alliance (CPA) with 12 congregations in D.C.  In 2020, CPA secured more than $18.7 million in contracts resulting in an investment of $13 million in D.C.-based small businesses owned by people of color.

Ben Finzel

Congratulations also to Ben Finzel, who was inducted into the National Capital Public Relations Hall of Fame. Upon receiving the honor, he said “To be recognized by your peers is wonderful; to be honored by them is amazing. I still can’t quite believe I have done enough to be worthy of this recognition, but I know enough to be thankful and appreciative of this high honor. Thank you PRSA National Capital Chapter for including me in such inspiring company; I will be forever grateful.”

Finzel is president of RENEWPR, a D.C.-based public affairs, communications consulting firm. In 2004, he helped launch FH Out Front, the first global LGBTQ communications practice at an international firm, Fleishman Hillard, and served as its first global chair. He started DC Family Communicators, a professional networking group for LGBTQ communications professionals. Finzel served on the Victory Campaign Board of the LGBTQ Victory Fund from 2007 to 2017.

His firm is currently celebrating its seventh year in business. To recognize that accomplishment, Finzel is launching an endowed scholarship at his alma mater, Texas Tech University. His business is certified as an LGBT Business Enterprise by the National LGBT Chamber of Commerce.

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Maryland

Judge rules trans teacher’s lawsuit against P.G. County can go to trial

Gay man files separate case charging discrimination

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Jennifer Eller, gay news, Washington Blade
Jennifer Eller alleges the P.G. County school system subjected her to discrimination and harassment. (Photo courtesy of Lambda Legal)

A federal judge in Maryland issued a ruling on Tuesday, Jan. 18, clearing the way for a lawsuit filed by transgender former English teacher Jennifer Eller in 2018 charging the Prince George’s County, Md., Public Schools with discrimination and harassment based on her gender identity to proceed to a trial.

In the ruling, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland denied key parts of several motions filed by attorneys representing the P.G. County Public Schools that in effect called for the dismissal of the lawsuit. The motions, among other things, claimed the lawsuit failed to provide sufficient evidence that Eller was subjected to discrimination and harassment, which forced her to resign due to a hostile work environment.

Chuang also ruled against a separate motion introduced by Eller’s attorneys calling for him to issue a summary judgement decision affirming all the lawsuit’s allegations that would have ended the litigation in Eller’s favor without the need to go to trial.

Eller’s lawsuit charges that school officials acted illegally by failing to intervene when she was subjected to a hostile work environment for five years that included abuse and harassment by students, parents, fellow teachers, and supervisors and retaliation by school administrators.

The lawsuit alleges that the school system and its administrators in its actions against Eller violated Title VII of the U.S. Civil Rights Act of 1964, Title IX of the federal Education Amendments Act of 1972, the Equal Protection Clause of the U.S. Constitution, the Maryland Fair Employment Practices Act, and the nondiscrimination provision of the Prince George’s County Code.

“We think the judge did as best he could,” said Omar Gonzales-Pagan, an attorney with the LGBTQ litigation group Lambda Legal, which, along with the D.C. law firm Arnold & Porter, are representing Eller in her lawsuit.

“The takeaway is that the case is now in a posture to proceed to trial,” Gonzales-Pagan told the Washington Blade. “The court found that the alleged facts and the information as discovered throughout the case in the discovery process is sufficient to allow a jury to find whether Jennifer Eller was subjected to a hostile work environment and constructive discharge and retaliation unlawfully by the defendants,” he said.

By the term constructive discharge, Gonzales-Pagan was referring to the lawsuit’s charge that Eller was forced to resign from her teaching job in 2017 after being diagnosed with post-traumatic stress disorder due to the alleged abuse she faced on the job.

P.G. County Public Schools officials have declined to comment on the lawsuit on grounds that the school system has a longstanding policy of not discussing pending litigation. However, in its response to the lawsuit in court filings, school system officials have denied Eller’s allegations of discrimination, harassment, and retaliation.

“For years, I was aggressively misgendered, attacked and harassed in the hallways and even in my own classroom by students, peers and supervisors,” Eller said in a statement released by her attorneys.

“My pleas for help and for sensitivity training on LGBTQ issues for students and staff, were ignored,” Eller said in her statement. “The relentless harassment stripped me of the joy of teaching and forced me to resign,” she said. “It is time for Prince George’s County Public Schools to be held accountable.”

The lawsuit says the harassment and discriminatory action against her began in 2011 when she began presenting as female during the school year. It says school officials initially responded to her complaints about the harassment by demanding that she stop dressing as a woman and return to wearing men’s clothes, which she refused to do.

In a separate action, gay former Spanish teacher Jared Hester filed on his own without an attorney a lawsuit in the Maryland federal court charging the P.G. County Public Schools with failing to take action to prevent him from being subjected to discrimination and harassment similar to some of the allegations made in Eller’s lawsuit.

Hester told the Blade that he was subjected to harassment by students who repeatedly called him “faggot,” but school officials, including the principal of the middle school where he taught, refused to take action to stop the harassment.

He provided the Blade with copies of earlier complaints he filed against school system officials with the U.S. Equal Employment Opportunity Commission (EEOC), the Maryland Commission on Civil Rights, and the P.G County Public Schools’ internal Office of Equity Assurance. Each of the three agencies issued rulings against Hester’s complaints, with two of them saying sufficient evidence could not be found to support his allegations.

The EEOC, in a Nov. 3, 2021 “dismissal” notice, told Hester the EEOC “will not proceed further with its investigation, and makes no determination about whether further investigation would establish violations of the statute.” The notice added, “This does not mean the claims have no merit” or that the respondent, meaning the P.G. County Public Schools, “is in compliance with the statutes.”

The notice did not give a reason for why it chose to end its investigation into Hester’s complaint, but it said his filing with the EEOC cleared the way for him to file a lawsuit to further his case against the school system. 

Hester told the Blade he reached out to Lambda Legal to represent him in his lawsuit, but the LGBTQ litigation group declined to take on his case without giving a reason. Gonzalez-Pagan, the Lambda attorney working on the Eller case, said he was unfamiliar with Hester’s request for representation. Another Lambda official couldn’t immediately be reached to determine the reason for its decision not to represent Hester.

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