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Virginia governor vetoes bill barring discrimination against PrEP users

Youngkin’s move disproportionately impacts LGBTQ community

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PrEP reduces the risk of acquiring HIV from sex by about 99% when taken as prescribed.

Virginia Gov. Glenn Youngkin this week vetoed a bill that would have made it illegal for health and life insurance companies to discriminate against individuals who have taken pre-exposure prophylaxis (PrEP) for HIV prevention.

House Bill 2769, titled Life or Health Insurances; Unfair Discrimination, Pre-Exposure Prophylaxis for Prevention of HIV, was passed by both chambers of the Virginia General Assembly. The bill cleared the Virginia House of Delegates with 53 yeas and 44 nays and the Senate of Virginia with 24 yeas and 15 nays.

Under the Affordable Care Act, PrEP is covered by most insurance companies, meaning the medication should be available through employer-sponsored private health insurance plans, individual healthcare plans purchased via HealthCare.gov or state-based marketplaces, as well as Medicaid expansion coverage.

If the Virginia General Assembly fails to override Youngkin’s veto, insurance companies operating in Virginia will be allowed to continue discriminating against PrEP users by charging them higher premiums or even denying them coverage altogether.

According to recent data from UNAIDS, gay men and other men who have sex with men are 7.7 times more likely to contract HIV. Since the first cases of HIV were reported, 78 million people have been infected with the virus, and 35 million have died from AIDS-related illnesses.

Currently, there are three FDA-approved forms of PrEP: Truvada (emtricitabine/tenofovir disoproxil fumarate), available for individuals of all genders; Descovy (emtricitabine/tenofovir alafenamide), approved for use by individuals assigned male at birth; and Apretude (cabotegravir), an injectable PrEP administered every other month by a healthcare professional.

According to the FDA, PrEP reduces the risk of acquiring HIV from sex by about 99% when taken as prescribed and lowers the risk by at least 74% among people who inject drugs. Since its approval, the World Health Organization (WHO) estimates that 3.5 million people received PrEP at least once in 2023.

Despite the bill’s passage in the Democratic-controlled General Assembly, Youngkin vetoed the legislation, a move that disproportionately impacts the LGBTQ community and others at higher risk of HIV.

The Washington Blade reached out to Youngkin’s office for comment but has not received a response.

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Virginia

DOJ seeks to join lawsuit against Loudoun County over trans student in locker room

Three male high school students suspended after complaining about classmate

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Loudoun County Public Schools building. (Washington Blade photo by Michael Key)

The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.

The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”

“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”

“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.

Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.

The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.

The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”

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Repealing marriage amendment among Va. House Democrats’ 2026 legislative priorities

Voters approved Marshall-Newman Amendment in 2006

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(Bigstock photo)

Democrats in the Virginia House of Delegates on Monday announced passage of a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman is among their 2026 legislative priorities.

State Del. Mark Sickles (D-Fairfax County) has introduced the resolution in the chamber. State Sen. Adam Ebbin (D-Alexandria) is the sponsor of an identical proposal in the state Senate.

Both men 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 last year signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again this year.

Two successive legislatures must approve the resolution before it can go to the ballot.

Democrats on Election Day increased their majority in the House of Delegates. Their three statewide candidates — Gov.-elect Abigail Spanberger, Lt. Gov.-elect Ghazala Hashmi, and Attorney General-elect Jay Jones — will take office in January.

“Virginians elected the largest House Democratic Majority in nearly four decades because they trust us to fight for them and deliver real results,” said House Speaker Don Scott (D-Portsmouth) on Monday in a press release that announced his party’s legislative priorities. “These first bills honor that trust. Our agenda is focused on lowering costs, lifting wages, expanding opportunity, protecting Virginians rights, and ensuring fair representation as Donald Trump pushes Republican legislatures across the country to manipulate congressional maps for partisan gain. House Democrats are ready to meet this moment and deliver the progress Virginians expect.”

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Ghazala Hashmi names Equality Virginia executive director to transition team

Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.

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Virginia Lt. Gov.-elect Ghazala Hashmi (YouTube screenshot)

Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.

State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.

“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”

“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”

Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.

Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.

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