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McAuliffe defeats Cuccinelli in Virginia governor’s race

Republican attorney general faced criticism from LGBT advocates during campaign

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Terry McAuliffe, Virginia, Democratic Party, gay news, Washington Blade
Washington Blade, Terry McAuliffe

Terry McAuliffe speaks during a campaign rally with President Obama in Arlington, Va., on Nov. 3, 2013. (Photo by Lee Whitman)

TYSONS CORNER, Va.—Former Democratic National Committee Chair Terry McAuliffe on Tuesday defeated Virginia Attorney General Ken Cuccinelli in the commonwealth’s hotly contested gubernatorial race.

With more than 99 percent of precincts reporting, McAuliffe narrowly defeated Cuccinelli by a 48-45 percent margin. Libertarian gubernatorial candidate Robert Sarvis came in third with nearly seven percent of the vote.

“Over the next four years, most Democrats and Republicans want to make Virginia a model for pragmatic leadership that is friendly to job creation; a model for strong schools that prepare students for jobs of tomorrow; a model for welcoming the best and the brightest scientists and innovators no matter your race, gender, religion or whom you love,” McAuliffe told supporters at the Sheraton Premiere at Tysons Corner who included Florida Congresswoman Debbie Wasserman Schultz and Virginia Sens. Mark Warner and Tim Kaine after CNN and other news outlets declared him the winner.

Cuccinelli again stressed during his concession speech that he feels the election was a referendum on the Affordable Care Act that President Obama signed in 2010.

“Despite being outspent by an unprecedented $15 million, this race came down to the wire because of Obamacare,” Cuccinelli told supporters in Richmond. “That message will go out across America tonight.”

McAuliffe defeated Cuccinelli by double-digit margins in Alexandria, Fairfax City and Falls Church and Arlington and Fairfax Counties. The former DNC chair beat his Republican opponent in Loudoun County by a 50-45 percent margin.

Sarvis told reporters after he and his wife voted at Thomas Jefferson High School for Science and Technology in Alexandria on Tuesday that his campaign was “pleased with the motivation of our supporters.”

“I’m probably the only person who can say I’m very proud of the campaign we ran,” he said.

Gov. Bob McDonnell is among those who congratulated McAuliffe.

“There is no higher honor than serving in the same office once held by Patrick Henry and Thomas Jefferson,” McDonnell said in a statement. “Virginia is a commonwealth of tremendous history and opportunity; this is the place where America began. The privilege of serving as governor carries with it immense responsibility. And I know Terry McAuliffe will act in the best interests of the more than eight million people who call Virginia home.”

GOP statewide ticket faced criticism over LGBT rights record

Cuccinelli faced persistent criticism from gay advocates and Democrats over his opposition to marriage rights for same-sex couples and other LGBT-specific issues during the campaign. These include his unsuccessful effort to appeal a court ruling earlier this year that found Virginia’s sodomy law unconstitutional.

Ken Cuccinelli, Virginia, Fairfax, Republican Party, gay news, Washington Blade

Ken Cuccinelli talks with reporters at Eagle View Elementary School in Fairfax, Va., on Nov. 5, 2013. (Washington Blade photo by Michael K. Lavers)

Cuccinelli told reporters outside Eagle View Elementary School in Fairfax earlier on Tuesday that taxes, the economy and the Affordable Care Act were the top three issues about which voters had asked him. The GOP gubernatorial candidate also said he received questions about his television ads.

“That’s where peoples’ focus is,” Cuccinelli said. “On a day like this — much like the rest of the campaign — we try to talk to voters about what they care about.”

Advocates were quick to point out after the Republican Party of Virginia nominated E.W. Jackson as their lieutenant gubernatorial candidate that he had previously compared gay men to pedophiles. The Chesapeake minister has also described gays and lesbians as “very sick people.”

State Sen. Ralph Northam (D-Norfolk) easily defeated Jackson by a 55-45 percent margin.

“Marriage equality and equality’s for all people,” Northam told the Washington Blade during a Nov. 1 interview. “It’s just the sensible way to go in my view.”

State Sen. Mark Herring (D-Loudoun County) leads state Sen. Mark Obenshain (R-Harrisonburg) to succeed Cuccinelli as attorney general by a 541 vote margin.

Republican Party of Virginia Chair Pat Mullins on Tuesday initially congratulated Obenshain for his “win” when the GOP candidate was ahead of Herring by roughly 7,500 votes, but the race remains too close to call.

“Election Day is over and I am honored to have a majority of Virginians cast their ballots for me for attorney general,” Herring said in a statement his campaign released early on Wednesday.

LGBT rights advocates welcome Va. election results

June Crenshaw, Ashley King, gay news, Washington Blade, HRC, Human Rights Campaign, Virginia, Democratic Party, Terry McAuliffe

LGBT rights advocates cheered at the Virginia Democratic Party post-election party in Tyson’s Corner on Nov. 5. (Washington Blade photo by Michael Key)

Gay state Sen. Adam Ebbin (D-Alexandria) described McAuliffe and Northam’s wins as a “clear victory for equality” that brings “the promise of a new day for Virginia.”

“Without exception, the Democratic candidates for statewide office offered unflinching support for marriage equality, a welcoming business climate and respect for a woman’s right to choose,” Ebbin said. “The people of Virginia aligned themselves with McAuliffe’s and Northam’s vision of an inclusive, forward moving commonwealth.”

Ashley Smith of the Human Rights Campaign is among those with the organization who canvassed on behalf of McAuliffe in Northern Virginia, Richmond and the Hampton Roads area in the final weeks of the campaign. Many of them held signs and wore t-shirts that read “Virginia is for lovers of equality” as they awaited the election results in Tysons Corner.

“It was a great feeling,” Smith told the Blade after McAuliffe and Northam spoke to their supporters. “It’s time to change Virginia.”

Poll worker Dennis McNaughton told the Blade outside Christ Lutheran Church in Fairfax on Tuesday that GOP voters with whom he had spoken saw social issues as important going into the election.

“If you don’t have a moral upbringing and moral standard you’re kind of lost,” he said, referring to marriage rights for same-sex couples and abortion. “All those things, they lead to extinction.”

Catherine Read, a member of Equality Virginia’s Board of Directors who worked outside the same Fairfax polling place as McNaughton on Tuesday, noted to the Blade that Democrats who cast their ballots expressed concern over the Republican candidates’ opposition to nuptials for gays and lesbians and their positions on women’s reproductive health.

“There’s a lot of people focused on social issues,” Read said.

Fisette re-elected to Arlington County Board

Gay Arlington County Board Vice Chair Jay Fisette on Tuesday easily defeated Green Party challenger Audrey Clement.

Pro-LGBT state Dels. Rob Krupicka (D-Alexandria) and Scott Surovell (D-Fairfax County) easily won re-election. Atif Qarni lost to state Del. Bob Marshall (R-Prince William County), co-sponsor of the state constitutional amendment banning same-sex marriage that Virginia voters approved in 2006, by a 48-52 percent margin.

State Del. Tim Hugo (R-Fairfax County) defeated challenger Jerry Foltz.

Robert Sarvis, Libertarian Party, Virginia, Fairfax, gay news, Washington Blade

Libertarian Virginia gubernatorial candidate Robert Sarvis with his wife at a polling station in Alexandria, Va., on Nov. 5, 2013. (Washington Blade photo by Michael Key)

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Local

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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