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Va. says Loudoun County photographer can refuse to shoot same sex weddings

Bob Updegrove challenged 2020 nondiscrimination law

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Virginia last week said a Loudoun County photographer who filed a federal lawsuit against the state’s nondiscrimination law can refuse to photograph same-sex weddings.

Bob Updegrove in 2020 filed a federal lawsuit that challenged the Virginia Values Act, which bans discrimination based on sexual orientation and gender identity. 

The Alliance Defending Freedom, an anti-LGBTQ legal group who represents Updegrove, on its website said the law that took effect on July 1, 2020, “forces him to use his artistic talents to photograph same-sex weddings if he photographs weddings between one man and one woman.” The Alliance Defending Freedom further notes the Virginia Values Act “violates foundational rights set forth in the U.S. Constitution, including the First Amendmentā€™s Free Speech and Free Exercise clauses.”

A Nov. 3 filing with the 4th U.S. Circuit Court of Appeals in Richmond notes the state will not “force” Updegrove “to offer or provide photography celebrating same-sex weddings.” It also refers to the U.S. Supreme Court’s 303 Creative ruling in favor of Lorie Smith, a Colorado graphic artist who refused to make wedding websites for same-sex couples, even though the state’s nondiscrimination law bans discrimination based on sexual orientation.

The Alliance Defending Freedom represented Smith in her case.

Republican Virginia Attorney General Jason Miyares was among the defendants named in his Nov. 3 filing with the 4th Circuit.

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Virginia

Va. teacher fired for refusing to use studentā€™s preferred pronouns reaches $575K settlement

State Supreme Court ruled in Peter Vlamingā€™s favor

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A Virginia teacher who was fired for refusing to use a transgender studentā€™s preferred pronouns has reached a settlement with the West Point School Board, securing $575,000 in damages and legal fees. 

The school board agreed to settle Peter Vlamingā€™s wrongful termination lawsuit after the Virginia Supreme Court ruled last December it had violated Vlamingā€™s rights. 

In 2018, the school board fired the former French teacher for violating school board policies that prohibit discrimination and harassment based on gender identity.

Vlaming had refused to use male pronouns when referring to a trans student in his class. 

Following his dismissal, he sued the school board, claiming that the request to use the studentā€™s preferred pronouns violated his conscience and went against his religious and philosophical convictions. 

The King William County Circuit Court first dismissed Vlamingā€™s case, but the Virginia Supreme Court later reinstated it and ruled in Vlamingā€™s favor.

ā€œIā€™m very grateful for the work of my attorneys at Alliance Defending Freedom to bring my case to victory, and hope it helps protect every other teacher and professorā€™s fundamental First Amendment rights,ā€ Vlaming said in a statement through Alliance Defending Freedom, the conservative, anti-LGBTQ Christian legal organization that represents him.

The West Point School Board has since revised its policies to comply with Gov. Glenn Youngkinā€™s overhaul of model policies for trans and nonbinary students.Ā Ā 

The new policies, which went into effect in July 2023, mandate that schools use studentsā€™ names and pronouns based on the sex listed in their official records. Staff are prohibited from using a different name or pronoun unless parents provide written consent, and students are required to use bathrooms that correspond with their sex assigned at birth. 

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Arlington County forms LGBTQ Advisory Committee

First meeting to take place on Oct. 21

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(Washington Blade photo by Ernesto Valle)

Arlington Countyā€™s newly formed LGBTQ+ Advisory Committee will hold its first meeting on Oct. 21. 

The committee will guide county leadership on LGBTQ issues and ensure representation of the community in local government.

Officially formed by Arlington County Manager Mark Schwartz, the committee was developed in collaboration with Equality Arlington, a nonprofit LGBTQ advocacy organization. 

ā€œWeā€™re excited to see what the committee can do to help improve the county’s understanding of and services for the LGBTQ+ community,ā€ Kellen MacBeth, the president and founder of Equality Arlington, said. 

The committee was developed with Alexandriaā€™s LGBTQ+ Task Force and the D.C. Mayorā€™s Office of LGBTQ Affairs as references. The County Manager will appoint 15 members who are active in the LBGTQ community to two year terms.

According to the committee’s charter, it will ā€œkeep county and community leadership apprised of issues and actions regarding the needs of LGBTQ+ residents, make recommendations to ensure LGBTQ+ residents can thrive in the county, and work to increase understanding and support for the LGBTQ+ community.ā€

The County Manager created the committee in response to a letter Equality Arlington sent to the Arlington County government in March that highlighted several areas where the county could improve its responsiveness to the needs of LGBTQ residents.

MacBeth said Equality Arlington had found that, while the county had an LGBTQĀ  liaison role, few people in the community and the county government knew about its existence. The role, he said, seemed to be more about securing points on the Human Rights Campaignā€™s Municipal Equality Index ā€” a tool evaluating the inclusiveness of municipal laws, policies, and services for LGBTQ people ā€” than about serving the community.

ā€œAnd we said, ā€˜Thatā€™s not what people think of when they think of having a liaison to a particular group within the community,ā€™ā€ MacBeth explained.

Together with the County Manager, Equality Arlington drafted the committeeā€™s charter and proposed community members who could fill its seats, such as Freddie Lutz, the owner of Freddieā€™s Beach Bar  in Arlington. 

MacBeth envisions the committee as a place for LGBTQ Arlingtonians to interact with county government and increase the collaboration and coordination of the different LGBTQ serving organizations in the county, particularly in preparation for WorldPride in 2025. 

The first meeting on Oct. 21 will begin at 6 p.m. and members of the public can engage with the committee both virtually and in person at the Bozman Government Center. 

An application for those who are interested in serving on the committee is still open on the Arlington County website as of Wednesday.

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New Virginia license plate celebrates LGBTQ diversity

450 applications needed for it to become official option

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(Image courtesy of Diversity Richmond)

Diversity Richmond has designed a license plate that allows Virginia drivers to celebrate and raise the visibility of LGBTQ diversity. The Virginia-based LGBTQ nonprofit needs 450 applications by January for the plate to become an official state option. 

The license plate design features a group of hands stacked on top of each other in the far left corner, and the Progress Pride flag runs horizontally across the bottom of the plate. The words ā€œCelebrate Diversityā€ are prominently displayed over the flag. 

Rev. Dr. Lacette Cross, executive director of Diversity Richmond, said the design celebrates the diversity of the LGBTQ community.

ā€œ[The design] reflects the diversity of the intersecting identities of our community,ā€ she said.  

Applications are available on Diversity Richmondā€™s website, and the license plate costs $25. Once completed, applicants should email the form to Diversity Richmond, not to the Virginia DMV, as Diversity Richmond will submit both the applications and fees to the DMV on their behalf.

If the organization gathers 450 applications and payments by the start of the 2025 Virginia General Assembly session in January, Del. Betsy B. Carr (D-Richmond) will sponsor the plate through the approval process to make it an official option. 

The initiative also serves as a fundraiser for Diversity Richmond, which will receive a portion of the proceeds from the license plate registration fees. 

ā€œThe ultimate benefit,ā€ Cross said, ā€œis the continual visibility of LGBTQ persons, our allies, and our supporters that are driving around the Commonwealth of Virginia, spreading the message of acceptance and of allyship.ā€

She described Diversity Richmond as the hub of the LGBTQ community in Greater Richmond, noting the organizationā€™s ā€œreally dynamicā€ work within the community. The nonprofit runs the popular thrift store Diversity Thrift, hosts the annual Virginia Pridefest in September, and exhibits the work of LGBTQ artists in its art gallery.

Diversity Richmond is planning to celebrate its 25th anniversary with a public party at the Virginia Museum of History & Culture on Wednesday, Nov. 13. 

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