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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Northam in 2020 signed a law that repealed the state’s statutory ban on marriage and civil unions for same-sex couples.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

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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