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Va. lawmakers approve two LGBTQ rights bills during 2025 legislative session

Measures await Republican Gov. Glenn Youngkin’s signature

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Virginia Capitol (Washington Blade photo by Michael Key)

The Virginia General Assembly’s 2025 legislative session ended on Saturday with two LGBTQ rights bills awaiting Republican Gov. Glenn Youngkin’s signature.

The first bill would amend the state’s definition of marriage to include members of the LGBTQ community. SJ 249, also known as the Constitutional Amendment; Marriage between Two Adult Persons, would change the state’s definition of marriage to “between two adult persons” rather than “a union between one man and one woman.”

This amendment would repeal the definition of marriage in Virginia, updating it to reflect the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, which extended marriage rights to same-sex couples across the country. This amendment would also enshrine marriage rights for same-sex couples in Virginia, ensuring that only another constitutional amendment or law that a majority of state lawmakers approve, can change it again.

Same-sex couples would have the same legal rights — tax breaks, inheritance rights, and Social Security benefits — in Virginia, even if Obergefell were to be overturned federally.  

For the amendment to take effect, it would need to pass the legislature again in 2026, then go to a referendum.

The second LGBTQ rights bill the General Assembly approved would amend the Virginia Human Rights Act.

Employees under the law, as it currently stands, do have protections against discrimination, harassment, and retaliation based on special protected categories that include race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, or disability to businesses with 15 or more employees, allowing complaints of violations to be reported to and investigated the state, copying the federal law.

Senate Bill 1052, also known as the Virginia Human Rights Act; Definition of ‘Employer,’ would eliminate what some have called a “small business exception” in existing law. The measure would extend human rights protections to employees of businesses with as few as five workers, ensuring they are covered under the Virginia Human Rights Act. It would also grant small business employees the right to file complaints against their employers for potential human rights violations, holding businesses legally accountable for any misconduct.

Youngkin has until March 24 to amend these bills. The governor cannot act on the proposed constitutional amendment.

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Virginia

Democrats increase majority in Va. House of Delegates

Tuesday was Election Day in state.

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Virginia Capitol (Washington Blade photo by Michael Key)

Democrats on Tuesday increased their majority in the Virginia House of Delegates.

The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.

All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.

Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)

Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.

Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.

Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.

Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.

Shreya Jyotishi contributed to this article.

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Gay Republican loses race for Virginia lieutenant governor

John Reid became first out nominee for statewide office in Va.

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John Reid lost his bid for Virginia lieutenant governor. (Washington Blade photo by Michael Key)

John Reid, a gay conservative former radio talk show host in Richmond for many years, lost his race as the Republican candidate for lieutenant governor in Virginia on Tuesday, falling short of becoming the state’s first openly gay person to win a statewide office.

According to the Virginia Board of Elections, with votes counted in 129 of the state’s 133 localities, Democrat Ghazala F. Hashmi, a member of the Virginia State Senate, captured 55.45 percent of the vote, with 1,822,889 votes compared to Reid, who received 44.30 percent with 1,456,335 votes.

The election board results at 11:30 p.m. on election night also showed there were 8,391 write-in votes cast in the lieutenant governor’s race at 0.26 percent.

While Reid fell short of becoming Virginia’s first out LGBTQ statewide office holder, Hashmi broke another barrier by becoming both the state and the nation’s first Muslim woman elected to a statewide office.

The Progressive Voters Guide has reported that Hashmi supports LGBTQ rights  as part of a broader progressive agenda that includes public education, reproductive rights, and environmental justice. 

Gay longtime Virginia State Sen. Adam Ebbin (D-Alexandria) endorsed Hashmi’s candidacy and told the Washington Blade he recently took her on a campaign tour of the Del Ray section of Alexandria.

In an interview with the Blade in April, Reid responded to a question of what message he had for LGBTQ voters in Virginia.

“Well, the thing I would say to gay voters who are looking and examining the candidates, is that I was out of the closet as a gay Republican publicly in very difficult rooms where people weren’t accepting of gay men – long before Donald Trump said I don’t care about this stuff,” he said.

“So even though I’m a Republican I know some people in the LGBT community are reflexively hostile to Republicans,” he told the Blade, “I took that step in public, and I think I helped change a lot of minds within the Republican Party and within central Virginia, which continues to be pretty conservative place, by being true to who I am.”

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Jones elected next Va. AG

Former delegate to succeed Republican Jason Miyares.

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Jay Jones (Photo via Jay Jones/Facebook)

Former state Del. Jay Jones on Tuesday defeated incumbent Attorney General Jason Miyares in the state’s attorney general race.

Miyares, a Republican who was a former member of the Virginia House of Delegates, has been attorney general since 2022. Miyares lost to his Democratic challenger by a 46.8-52.8 percent margin.

Miyares in a 2023 letter to Republican Gov. Glenn Youngkin said school districts must adhere to the state’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 administration’s Title IX rules that specifically protected LGBTQ students from discrimination based on their gender identity and sexual orientation.

Youngkin and Miyares earlier this year launched an investigation into how Loudoun County Public Schools has handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The election took place weeks after screenshots of Jones texting a colleague about a scenario in which he shot former Virginia House Speaker Todd Gilbert, a Republican.

Shreya Jyotishi contributed to this article.

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