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Va. lawmakers, activists vow to defend LGBTQ rights gains

Republicans regained control of House of Delegates last November

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The Virginia Capitol (Washington Blade photo by Michael Key)

The Virginia General Assembly’s 2022 legislative session began on Wednesday amid concerns that Republicans will try to curtail LGBTQ rights.

Republicans last November regained control of the Virginia House of Delegates, and now have a 52-48 majority. Democrats still maintain a 21-19 majority in the Virginia Senate.

Governor-elect Glenn Youngkin, Lieutenant Gov.-elect Winsome Sears and Attorney General-elect Jason Miyares take office on Saturday. All three defeated their Democratic challengers — Terry McAuliffe, former state Del. Hala Ayala (D-Prince William County) and outgoing Attorney General Mark Herring respectively — last November.

Democrats, who in 2019 regained control of the General Assembly for the first time since the 1990s, passed a series of LGBTQ rights bills that outgoing Gov. Ralph Northam signed. These include the Virginia Values Act, which added sexual orientation and gender identity to Virginia’s nondiscrimination law, and a ban on so-called conversion therapy for minors.

Northam in 2020 signed a law that repealed the state’s statutory ban on marriage and civil unions for same-sex couples. Virginia that same year became the 38th state to ratify the Equal Rights Amendment.

The Virginia Department of Education in 2020 issued guidelines that are designed to protect transgender and non-binary students.

Youngkin during his campaign against McAuliffe expressed support for Tanner Cross, a gym teacher at a Leesburg elementary school who was suspended from his job after he spoke out against the policy. Youngkin has also said he does not support allowing trans children to play on sports teams that are consistent with their gender identity.

Vee Lamneck, executive director of Equality Virginia, a statewide LGBTQ rights group, on Wednesday in an email to the Washington Blade noted Youngkin has nominated former Heritage Foundation President Kay Coles James to become the next Secretary of the Commonwealth. Lamneck notes the Heritage Foundation “has a long history of spreading harmful, anti-LGBTQ rhetoric” and James herself has said the Equality Act, which would add sexual orientation and gender identity to federal civil rights laws, is “anything but equality.”

“This is unacceptable,” said Lamneck.

State Sen. Travis Hackworth (R-Tazewell County) last month introduced Senate Bill 20, which would eliminate the requirement that school districts must implement the Department of Education’s trans and non-binary student guidelines. State Del. Danica Roem (D-Manassas), who in 2018 became the first openly trans person seated in any state legislature in the U.S., on Tuesday told the Blade during a telephone interview that she expects SB 20 “would be dead on arrival” in committee.

“I would strongly encourage LGBTQ folks and our allies and champions to contact their state senators about SB 20, let them know that this is a thing and that they do need to oppose it,” said Roem. “This is a year where if there is a state legislator who introduces anti-LGBTQ legislation we should as a community and as a Democratic Party specifically should really make a statement and defeat that loudly and make a very, very clear statement that as long as we have at least divided government, we are not going back on what we have done to make Virginia one of the most LGBTQ-inclusive states in the country.”

Roem also reiterated her pledge to fight for trans youth in Richmond.

“I will be a brick wall on the House floor, and I will fight my heart out defending trans kids,” she said.

State Dels. Mark Sickles (D-Fairfax County) and Dawn Adams (D-Richmond), who are openly gay and lesbian respectively, both won re-election. State Sen. Adam Ebbin (D-Alexandria) remains the only openly gay member of the Senate.

Ebbin on Wednesday told the Blade during a telephone interview that Youngkin since his election has not specifically indicated whether he will try to rescind the Department of Education guidelines.

“We have to be vigilant and be weary of executive actions and be ready to combat any,” added the Alexandria Democrat.

Lamneck echoed Ebbin and Roem.

“Given the new political climate in Virginia, we know that many are worried about the future of LGBTQ equality in our commonwealth,” said Lamneck.

They acknowledged the House is “less friendly,” but added the Senate “remains unchanged.”

“We will work with the Senate’s pro-equality majority to act as a crucial back stop against harmful legislation and efforts to roll back our hard-earned wins passed during the last two years,” said Lamneck. “Bills have already been introduced that would weaken both the Virginia Values Act and the Virginia Department of Education’s guidelines for the treatment of transgender students. We can’t allow this to happen. We will continue to build bipartisan partnerships and mobilize advocates to change hearts and minds so that we can prevent any anti-LGBTQ bills from becoming law.”

Equality Virginia Executive Director Vee Lamneck (Photo courtesy of Vee Lamneck)

State Sen. Steve Newman (R-Bedford County), who, along with former state Del. Bob Marshall (R-Prince William County), co-authored an amendment to the state constitution that defines marriage as between a man and a woman, co-chairs Youngkin’s transition team.

Virginia voters approved the Marshall-Newman Amendment in 2006. Roem in 2017 defeated Marshall.

The General Assembly last year approved a resolution that seeks to repeal the Marshall-Newman Amendment. It must pass in two successive legislatures before it can go to the ballot.

Ebbin last month introduced the resolution. He told the Blade that he remains “hopeful” it will pass, but “I’m trying not be over confident.”

A law that requires Virginia’s Department of Motor Vehicles to offer driver’s licenses with a “non-binary” gender marker took effect in 2020. Roem told the Blade she is considering a bill that would allow marriage certificates with non-binary gender markers.

Roem introduces bill to cap FOIA fees

Virginia legalized marijuana in 2020.

Ebbin said he plans to introduce bills that would further regulate marijuana sales in the state.

Roem has put forth measures that would reform Virginia’s court-appointed adult guardianship system, expand funding for transportation safety measures and cap fees that municipalities can charge journalists who file Freedom of Information Act requests. Roem has also introduced a bill that would expedite the process through which students can receive free meals at school.

“How about instead of singling out and stigmatizing kids … we feed them instead,” she said.

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Comings & Goings

David Reid named principal at Brownstein

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David Reid

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 David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”

Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.

Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.

He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.

Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.

Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street. 

Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors. 

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District of Columbia

D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. ACLU spokesperson Andy Hoover said Jones has been on administrative leave since March 2022. Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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