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Majority of Va. Republicans back LGBT nondiscrimination protections

GOP state Sen. Jill Holtzman Vogel early LGBT rights supporter

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Jill Holtzman Vogel, gay news, Washington Blade
Virginia state Sen. Jill Holtzman Vogel (R-Fauquier County) (Photo by YngSupervisor; courtesy Wikimedia Commons)

A new poll finds a majority of Virginia Republicans support efforts to ban anti-LGBT discrimination.

Mason-Dixon Polling between Jan. 7-9 asked Republicans voters in Virginia whether they supported protections for LGBT individuals in housing and public employment. The survey found 53 percent of Republicans would support “legislation at the General Assembly this year that would update Virginia’s nondiscrimination laws to protect gay and transgender people from discrimination in housing.” And 63 percent would support similar legislation in public employment.

Thirty-eight percent opposed the housing bill, and 30 percent opposed the public employment legislation.

These results come 11 months after The Tarrance Group, a Republican polling firm, conducted a similar survey.

The February 2018 survey found 55 percent of Republican voters believed discrimination against gay and transgender people in housing should be illegal and 59 percent believed similar discrimination in public employment should be forbidden. The poll also found support for these protections among a variety of sub-groups of Republican voters; including Trump backers, National Rifle Association supporters, individuals classified as “very” or “extremely” conservative, anti-abortion voters and individuals who have participated in all of the four most recent Republican primary elections.

These results may appear surprising.

The Republican Party of Virginia’s 2016 platform makes no mention of LGBT people or protections. It explicitly opposes same-sex marriage and “condemns” the U.S. Supreme Court rulings in the Windsor and Obergefell cases that paved the way for same-sex marriage across the nation. And in its discussion of religious liberty, it implies that businesses should be able to discriminate against LGBT people.

The idea that a majority of Republican voters in any state would support nondiscrimination protections for LGBT people would be ludicrous based on this document alone, but many are saying they expected these survey results.

“This is a trend we’re seeing across the country. Voters simply have no appetite for discrimination and want to be sure that their friends and neighbors are protected the same way they are,” said Human Rights Campaign Senior Vice President for Policy and Political Affairs JoDee Winterhof. “The ground really has shifted on these issues of discrimination against the LGBTQ community. There is much more support for these anti-discrimination efforts.”

Winterhof noted legislation in most states hasn’t caught up to this new level of public support.

Virginia is one of 31 states that lacks protections for LGBT people in housing and public employment. “The ground has shifted, but lawmakers … didn’t get that memo, and we’re certainly trying to educate and share more of that information,” said Winterhof.

Equality Virginia Executive Director James Parrish also told the Washington Blade he anticipated the results from the polls. He emphasized a majority of lawmakers in the Virginia Senate and the Virginia House of Delegates — both of which are controlled by the GOP — support protections for LGBT individuals.

Parrish said Republican support for LGBT equality has lagged behind that of the general public but that “support for LGBT issues among all Americans has been inching up for decades.” In Virginia specifically, Parrish pointed to two instances from the past five years that he believes led to a shift in attitudes toward LGBT issues.

In Bostic v. Schaefer, a U.S. district court ruled the Marshall-Newman Amendment in Virginia’s Constitution that defines marriage as between a man and a woman was unconstitutional. The 4th U.S. Circuit Court of Appeals upheld the 2014 decision, and in October of that same year, the Supreme Court refused to take up the case. Bostic v. Schaefer legalized same-sex marriage in Virginia before it was permitted in much of the rest of the country.

Danica Roem, the first openly transgender member of the state House of Delegates, in 2017 defeated consistently anti-LGBT Bob Marshall who Parrish noted introduced “quite a number of bills to harm our community.”

“That also brought change,” said Parrish.

Equality Virginia has focused some of its recent efforts on gathering favor for LGBT protections among Republicans.

Its Virginia Beach for Fairness campaign aims to pick up that support in one of the most conservative areas of the state. Parrish hopes increased reception to LGBT issues among conservatives will help nondiscrimination proposals in housing and public employment get past the House of Delegates this year. The laws have passed in the state Senate for the past four sessions with an increasing number of Republican supporters over the years.

Some Republican lawmakers in Virginia are now coming out in favor of LGBT protections. Others, like state Sen. Jill Holtzman Vogel (R-Fauquier County), have long supported them

A Trump supporter, Vogel doesn’t fit the archetype of an LGBT ally. But she made her support of nondiscrimination policies a central aspect of her lieutenant gubernatorial campaign, according to Evan Draim, an openly gay man who ran the LGBT Virginians for Vogel Coalition.

“I worked with the Vogel campaign to talk with LGBT voters throughout the commonwealth about Jill Vogel’s record,” Draim told the Blade. “Jill came with us to attend various Pride festivals around Virginia.”

Vogel eventually lost the race to Lieutenant Gov. Justin Fairfax, but in many ways she is a manifestation of the results from the Mason Dixon and Tarrance Group polls. Vogel backs Trump, holds an A+ rating from the NRA and has stood against the Affordable Care Act for years. She also supports nondiscrimination legislation for LGBT people.

Vogel’s profile suggests LGBT protections may soon no longer be a dividing issue between Republicans and Democrats in Virginia or elsewhere in the country.

Draim, who now serves as the 10th District Representative for Young Republicans in Virginia, emphasized that while tides are turning, there is still much work to be done.

President Trump has banned transgender individuals from serving in the military, and Vice President Pence recently defended his wife’s decision to take a job at a school that forbids LGBT employees and students. As an entity, the GOP remains staunchly opposed to any legislation that would advance LGBT equality. Individual politicians may be changing their tune, but the Republican Party’s official stance looks to be set in stone for at least the next two years and likely longer.

“We still have a lot of work to do to get the party to a place where the LGBT community feels like we are 100 percent where we need to be on LGBT equality. But I think we’ve made a lot of progress,” said Draim.

The Blade has reached out to Vogel for comment.

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Comings & Goings

Gill named development manager at HIPS

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Warren Gill

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 R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”

Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.  

Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.

Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.  

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District of Columbia

Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit

MPD accused of illegally demoting officer for taking family leave to care for newborn child

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D.C. Police Captain Paul Hrebenak (right) embraces his husband, James Frasere, and the couple's son. (Photo courtesy of Hrebenak)

A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.

The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.  

It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.

In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.

Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.

“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”  

Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.

In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.

Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.

In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.

“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.

“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”

Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.

Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.

“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.

 In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”

One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.

Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.

“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something  in which leadership disapproved,” Lempert says in his court filing submitting the two reports.

“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.  

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Virginia

LGBTQ rights at forefront of 2026 legislative session in Va.

Repeal of state’s marriage amendment a top priority

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Virginia Capitol (Washington Blade photo by Michael Key)

With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics. 

The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.

The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.

Two successive legislatures must approve the resolution before it can go to the ballot.

The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.

The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.

In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care. 

Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”

Along with ensuring school training, the organization wants funding in hopes of “​​establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.

On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.

Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.

Equality Virginia is tracking bills on its website.

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