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Democrats lose big in Va.

Election results an ominous sign heading into midterms

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Terry McAuliffe speaks to supporters in Tysons Corner, Va., on Nov. 2, 2021. (Washington Blade photo by Michael Key)

TYSONS CORNER, Va. — Democrats on Tuesday suffered stinging loses in Virginia that could prove ominous for the party heading into the 2022 midterm elections.

Republican Glenn Youngkin defeated Democrat Terry McAuliffe in the gubernatorial race by a 50.7-48.6 percent margin.

Republican Winsome Sears became the first woman elected Virginia’s lieutenant governor when she defeated state Del. Hala Ayala (D-Prince William County) by a 50.8-49.1 percent margin. Republican Jason Miyares beat incumbent Attorney General Mark Herring by a 50.6-49.3 percent margin.

Youngkin told his supporters in Chantilly early Wednesday morning that he will work to create “a Virginia where the Virginia promise comes alive for everyone who calls this Virginia home,” without specifically mentioning LGBTQ people.

“We will change the trajectory of this commonwealth and friends, we are going to start that transformation on day one,” he said. “There is no time to waste.”

McAuliffe on Wednesday conceded.

“While last night we came up short, I am proud that we spent this campaign fighting for the values we so deeply believe in,” he said in a statement. “We must protect Virginia’s great public schools and invest in our students. We must protect affordable health care coverage, raise the minimum wage faster, and expand paid leave so working families have a fighting shot. We must protect voting rights, protect a woman’s right to choose, and, above all else, we must protect our democracy.”

Youngkin during the campaign expressed support for Tanner Cross, a gym teacher at a Leesburg elementary school who was suspended in June after he spoke out against Virginia Department of Education guidelines that are designed to protect transgender and non-binary students. The former co-CEO of the Carlyle Group, a private equity firm, earlier this year also said he does not support allowing trans children to play on sports teams that are consistent with their gender identity.

The anti-LGBTQ Family Research Council, which the Southern Poverty Law Center has categorized as an extremist group, is among the groups that endorsed Youngkin, who also opposes marriage equality. Youngkin nevertheless told the Washington Post in a recent interview that it is “legally acceptable” in Virginia and he would “support that” as governor.

McAuliffe, who received the endorsement of both the Human Rights Campaign and Equality Virginia’s political action committee, during an Oct. 21 telephone interview with the Washington Blade described Youngkin as “the most homophobic, anti-choice candidate in Virginia history.”

McAuliffe sought to portray Youngkin as an acolyte of former President Trump. McAuliffe also criticized Youngkin over his call to ban the teaching of critical race theory in Virginia schools, even though it is not part of the statewide curriculum.

Youngkin’s campaign, for its part, has pointed out that HRC in 2019 named the Carlyle Group as a “Best Place to Work for LGBTQ Equality” in its annual Corporate Equality Index. Log Cabin Republicans is among the groups that endorsed Youngkin.

“Glenn Youngkin’s anti-equality, anti-choice, racist tactics sought to sow fear and confusion, turning Virginian against Virginian for political gain,” said interim HRC President Joni Madison on Wednesday in a statement. “His hateful policies and rhetoric will have a real, devastating impact on LGBTQ+ people, women, and people of color across the commonwealth. This is particularly true for transgender young people and their parents, who have faced an onslaught of targeted attacks that have put them in danger in their schools and communities.”

State Del. Danica Roem (D-Manassas), who is the first openly trans person seated in any state legislature in the U.S. won re-election in the 13th District. Republicans, however, appear to have regained control of the Virginia House of Delegates. Democrats still control the state Senate by a 21-19 margin.

Democrats in 2019 regained control of the General Assembly for the first time since the 1990s.

Outgoing Gov. Ralph Northam over the last two years has signed a series of LGBTQ rights bills that, among other things, added sexual orientation and gender identity to Virginia’s nondiscrimination law and banned so-called conversion therapy for minors. Madison said HRC will “fight alongside our members and partners to block anti-equality policies and overcome the forces that are trying to drag us backwards.”

“The movement for equality is on the right side of history,” added Madison.

Equality Virginia Executive Director Vee Lamneck echoed Madison.

“We know that the majority of Virginians support LGBTQ people. Virginians want to see their LGBTQ neighbors protected from discrimination. Virginians want to see their LGBTQ friends be able to get married and raise a family. And, we expect all of our elected leaders to hold true to these values of equality and fairness,” said Lamneck in a statement to the Blade. “We have worked hard for the protections that we now have in place, and together, with thousands of our supporters from every corner of the state, we will ensure that Virginia remains a welcoming place for all LGBTQ people.”

Bob Witeck, a longtime LGBTQ rights activist who lives in Arlington, on Wednesday in an email to the Blade conceded it “is a rough morning, given Virginia’s 12-year pattern of turning the commonwealth bluer.”

“I suspect Youngkin will not lead like a culture warrior,” he added. “However, the other two statewide officials, Winsome Sears (lieutenant governor) and Jason Miyares (attorney general) are mirrors of Trump and can cause more significant setbacks, especially Miyares in his role.”

Witeck said he agrees with Tré Easton, a senior advisor for Battle Born Collective, who told the New York Times that Democrats “can’t scare people into the polls. You have to give people something to vote for.”

“Youngkin and the GOP have picked up on some powerful grievances among white voters and parents that we will need to combat persuasively,” said Witeck. “Virginia was definitely a battleground for LGBTQ families and citizens since it turned on control of schools, and fear of trans kids once again as well as curricula.”

Charlotte Clymer, a trans activist, on Wednesday said the Virginia election results are not “about McAuliffe’s platform” and are “not a reflection on the extraordinary success of Virginia Democrats in the legislature over the past two years.”

“It’s about the central messaging,” said Clymer in a series of tweets. “Voters need a lot more from Democratic candidates than simply being anti-Trump.”

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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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