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Va. House passes marriage equality affirmation bill

State Del. Rozia Henson introduced HB 174

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Virginia Capitol (Washington Blade photo by Michael Key)

The Virginia House of Delegates on Friday approved a bill that would affirm marriage equality in the state.

State Del. Rozia Henson (D-Prince William County)’s House Bill 174 passed in the Democratic-controlled chamber by a 54-40 margin. Equality Virginia noted the measure received bipartisan support.

“No person authorized to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender or race of the parties,” reads HB 174. “The bill also requires that such lawful marriages be recognized in the commonwealth regardless of the sex, gender or race of the parties.”Ā 

The bill also “provides that religious organizations or members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage.”

Voters in 2006 approved an amendment to Virginia’s constitution that defines marriage as between a man and a woman.

Same-sex couples have been able to legally marry in the state since 2014.

The General Assembly in 2021 approved a resolution that seeks to repeal the marriage amendment. It must pass in two successive legislatures before it can go to the ballot.

Democrats last November regained control of the House of Delegates. The party currently holds a 21-19 majority in the Virginia Senate.

The Senate Privileges and Elections Committee earlier this month delayed consideration of state Sen. Adam Ebbin (D-Alexandria)’s resolution that seeks to repeal the amendment. Henson’s bill now goes to the state Senate for consideration.

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Virginia

Va. Attorney General Jason Miyares to seek reelection

Republican challenged new Title IX rules for LGBTQ students

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Virginia Attorney General Jason Miyares (Screen capture via Jason Miyares for Virginia/YouTube)

Virginia Attorney General Jason Miyares on Monday announced he will run for reelection.

Miyares, a Republican who was in the Virginia House of Delegates from 2016-2022, in 2021 defeated then-Attorney General Mark Herring.

Miyares in a 2023 letter to Republican Gov. Glenn Youngkin said school districts must adhere to the stateā€™s new guidelines for transgender and nonbinary students that activists say could potentially out them. Miyares also joined other state attorneys general who challenged the Biden-Harris administrationā€™s Title IX rules that specifically protect LGBTQ students from discrimination based on their gender identity and sexual orientation.

Youngkin under the state constitution cannot run for a second consecutive term as governor.

Lieutenant Gov. Winsome Earle-Sears, who also opposes LGBTQ rights, in September announced she is running to succeed Youngkin in 2025. Earle-Sears will likely face outgoing Democratic Congresswoman Abigail Spanberger in next year’s general election.

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Virginia

Va. House committee approves resolution to repeal marriage amendment

Two successive legislatures must approve proposal before it goes to voters

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(Bigstock photo)

A Virginia House of Delegates committee on Wednesday approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

The Privileges and Elections Committee by a 16-5 vote margin approved state Del. Mark Sickles (D-Fairfax County)’s resolution that he introduced earlier this year. State Sen. Adam Ebbin (D-Alexandria) sponsored an identical resolution in the Virginia Senate.

Ebbin and Sickles are gay.

Voters approved the Marshall-Newman Amendment in 2006.

Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin earlier this year signed a bill that codified marriage equality in state law.

The General Assembly in 2021 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.

“Virginia is for lovers,” said the Virginia House Democratic Caucus on X after Wednesday’s vote. “Today, we advanced a Constitutional Amendment to overturn Virginiaā€™s ban on same-sex marriage. Itā€™s time our laws reflect our values of equality, inclusion, and dignity for all.”

The committee on Wednesday also approved resolutions that would enshrine reproductive rights and restore formerly incarcerated people’s right to vote in the state constitution.

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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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(Bigstock photo)

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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