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Marriage overshadows Va. General Assembly session

GOP lawmakers sought ability to defend gay nuptials ban

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Virginia, Norfolk, same-sex marriage, marriage equality, gay marriage, gay news, Washington Blade
Virginia, Norfolk, same-sex marriage, marriage equality, gay marriage, gay news, Washington Blade

Marriage rights for same-sex couples overshadowed the 2014 Virginia General Assembly that ended on March 8. (Photo courtesy of Casey Hartman)

RICHMOND, Va.–Marriage rights for same-sex couples overshadowed the Virginia General Assembly’s 2014 regular session that ended on March 8.

Attorney General Mark Herring in January announced he would not defend Virginia’s constitutional amendment that defines marriage as between a man and a woman. State Dels. Bob Marshall (R-Prince William County) and Todd Gilbert (R-Shenandoah County) subsequently introduced a bill that would have allowed any state lawmaker to defend a law if the governor and attorney general decline to do so.

The Republican-controlled Virginia House of Delegates last month overwhelmingly approved the measure, but the state Senate Rules Committee on Feb. 24 struck it down by a 12-4 margin. Gov. Terry McAuliffe also denied a request from Marshall, Gilbert and 28 other legislators to appoint a special counsel to defend the marriage amendment.

State Del. Mark Cole (R-Fredericksburg), chair of the House Privileges and Elections Committee, announced at the start of the 2014 General Assembly it would not consider proposed resolutions that sought to repeal the marriage amendment until next year. State Del. Joseph Yost (R-Giles County) a few weeks later became the first Republican state lawmaker to back marriage rights for same-sex couples.

“As far as same-sex marriage goes, it does not bother me,” Yost told the Washington Blade during an exclusive interview at an Equality Virginia reception in downtown Richmond on Jan. 29 that coincided with the group’s annual Lobby Day. “I don’t think the government should be involved in marriage period — straight or gay. I feel like we have bigger things to worry about.”

U.S. District Judge Arenda L. Wright Allen on Feb. 13 struck down the gay nuptials ban in a case that two same-sex couples from Norfolk and Chesterfield brought against it. The 4th U.S. Circuit Court of Appeals in Richmond earlier this week granted a motion from Lambda Legal and the American Civil Liberties Union – which filed a separate lawsuit against the marriage amendment last August on behalf of two lesbian couples from the Shenandoah Valley – to join the case for which oral arguments are tentatively scheduled to begin on May 12.

“She clearly had a view coming in,” former Attorney General Ken Cuccinelli told Bruce DePuyt of News Channel 8 during an interview after Allen issued her decision, referring to the quote from Mildred Loving on the 40th anniversary of the landmark U.S. Supreme Court ruling that struck down the commonwealth’s interracial marriage ban she used to open it. “We expect judges to look at these things more objectively.”

Lieutenant Gov. Ralph Northam, who took office in January alongside McAuliffe and Herring, is among those who applauded Allen’s ruling.

“We shouldn’t as a government be telling people who they should and shouldn’t love,” Northam told the Blade during a celebration of Allen’s decision that took place at a gay-owned furniture store in Norfolk on Feb. 14. “In 2014 one should be able to love and marry who they want.”

The 2014 General Assembly otherwise proved a mixed bag for Virginia LGBT rights advocates on a range of issues that include adding sexual orientation and gender identity and expression to existing anti-discrimination laws.

McAuliffe is expected to sign into law a bill the House approved last week by a 100-vote margin that seeks to repeal Virginia’s sodomy law. An identical measure passed unanimously last month in the state Senate.

The Senate Rehabilitation and Social Services Committee in January struck down a measure introduced by state Sen. Janet Howell (D-Fairfax Country) that would have extended second-parent adoption rights to gays and lesbians.

State Del. Joseph Yost (R-Giles County) introduced a similar measure in the Virginia House of Delegates that two Republicans – state Dels. Gordon Helsel (R-Poquoson) and Tom Rust (R-Fairfax County) – co-sponsored. It died in committee last month.

The Senate General Laws and Technology Committee in January also struck down a bill state Sens. A. Donald McEachin (D-Henrico County) and Adam Ebbin (D-Alexandria) introduced that would have banned discrimination against LGBT state employees. The first executive order that McAuliffe signed upon taking office on Jan. 11 was a ban on discrimination against state employees based on sexual orientation and gender identity and expression.

Ron Villanueva, Virginia, Virginia Beach, Commonwealth of Virginia House of Delegates, Republican Party, gay news, Washington Blade

State Del. Ron Villanueva (R-Virginia Beach) introduced a bill that sought to ban anti-LGBT employment discrimination in the state. (Washington Blade photo by Michael K. Lavers)

State Dels. Marcus Simon (D-Falls Church) and Ron Villanueva (R-Virginia Beach) introduced bills that sought to ban anti-LGBT employment discrimination in the commonwealth. Both measures died last month in committee.

“I know how the system works up here and I know it was a tough argument, but I think because I’m a Republican carrying it made a statement,” Villanueva told the Blade during a Jan. 28 interview in his Richmond office. “[I hope to] help persuade that God loves all of us and in the Constitution its written life, liberty and the pursuit of happiness and all of us should be enjoying the same liberties.”

A bill state Del. Patrick Hope introduced that sought to ban so-called “ex-gay” conversion therapy to minors in Virginia died last month in a House subcommittee.

“While we fell short of achieving all of our goals, this session has shown that a growing number of legislators are willing to stand on the right side of history in support of equality and fairness,” said Equality Virginia Executive Director James Parrish. “We will take the momentum we have gained this session to continue our work towards making Virginia a place that is fair and welcoming for all.”

McAuliffe is expected to call for a special legislative session later this month to debate a state budget and his proposed expansion of the commonwealth’s Medicaid program.

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District of Columbia

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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