Equality Fairfax

In a resolution introduced by Delegate Adam Ebbin, the General Assembly has commended the work of Equality Virginia. Though entirely a symbolic act that doesn’t affect any laws, it is the first time the legislature has passed such a resolution.

You can read more about the resolution and the efforts to get it to pass in this Washington Blade article.

Congratulations to EV on receiving the recognition and kudos to the General Assembly for finally letting this resolution receive a vote.

The bottom line of the General Assembly Session that just concluded is this: we have a lot of work to do together between now and the start of the 2010 General Assembly Session if we are to be successful in changing laws and changing lives for gay, lesbian, bi-sexual and transgender people in Virginia.

The good news is that a bi-partisan majority of the state Senate continues to support common sense measures that enhance the ability of the public and private sector to choose to offer equal benefits to their GLBT employees (e.g., SB 51 (Whipple, Arlington) in 2008 and SB 945 (Howell, Reston) in 2009).

The bad news is that the current leadership of the House of Delegates, and too many Delegates from both parties, continue to obstruct consideration, much less passage, of even the most reasonable legislation that would benefit our community.

This year, we were able for the first time to get a fair hearing in a House of Delegates for our nondiscrimination bill (HB 2385, Ebbin, Alexandria). At the subcommittee hearing, EV, the Virginia Education Association, the Virginia Governmental Employees Association, the Virginia AARP, and the Virginia Department of Human Resources Management all presented strong positive testimony.

Nonetheless, five Delegates first voted to strip from the bill language protecting people from discrimination based on gender identity or expression. Then, four of them voted to table the bill, preventing any further consideration of the bill by their 96 other colleagues.

EV also supported a budget amendment that would have prevented discriminatory discharges of state employees offered by Delegate Adam Ebbin.

We could only get 42 members of the House of Delegates to join 90% of Virginians in supporting the fundamental principle that state employees deserve the basic human right to be free from discrimination in the workplace.

Clearly, we need to make a change in the mindset of current delegates or elect new fair minded delegates, if we are to succeed in passing even the most reasonable legislation that would help change the lives of GLBT Virginians.

This is where you can help!

Between now and June, we’ll be putting plans together to take an active role in the fall elections when all 100 members of the House of Delegates will be up for re-election.

We need to engage in every district across Virginia!

We need to let our friends know that we will stand with them if they stand with us!

We need to work to change the hearts and minds of those legislators who have not been with us, or work hard to elect others who will stand tall for change.

Here’s what you can do:

• Make an appointment now to meet with your Delegate in his or her home office in your district. 
• Tell your Delegate how you feel about the failure of the House to pass legislation protecting GLBT Virginians from discrimination and to even consider a simple bill to give employers and insurers freedom to contract. 
• Ask your Delegate (and his or her opponent) where they stand on our issues and whether they will support GLBT friendly legislation in the future. And, let us know what they say by returning to us by mail, email or fax a report of your visit.
• Identify GLBT-friendly voters in your neighborhood by getting folks to sign a petition in support of our workplace nondiscrimination initiative, and send the signed petitions back to us by mail or fax.

We’ll take the information that you send us and use it to help map out a strategy for making change in the fall elections.

Finally, plan now to work for fair minded legislators or candidates in the fall election cycle.

Only by getting visibly and actively involved can the GLBT community and our allies hope to make the change we need in the House of Delegates that is essential to our success!

Thanks for your commitment to our cause!

Yours for full equality for all,

Jon Blair

Chief Executive Officer

Last night, Sean Penn was very outspoken about the need to support equality for all, and to overturn Proposition 8 in California because it’s the right thing to do.  As he accepted the Oscar for his role in the film ‘Milk’, Penn made a reference to the protestors outside their venue, implying that those who supported Proposition 8 to revoke the civil marriage rights of gay and lesbian couples should reflect on their choice.  He wanted them to know and understand that their support was shameful, and that if they don’t get that at this point in time, perhaps in the future they or their children will.

This is what I call speaking truth to power.  And we need more of our elected leaders, even right here in Virginia, to start doing it.  Delegate David Englin is one such Virginia hero to many of us, as he introduced a bill to repeal that stain on the Virginia Bill of Rights known as the “Marshall-Newman Amendment”, knowing full well that there was no hope it would even pass out of a subcommittee.  Shame on those who impede the full civil rights of any American citizen.  I will be reporting more on what happened in this session up to the crossover in subsequent posts.  There is reason to hope.

To those Virginians opposing equality who know they’re ultimately wrong, even if it’s difficult to come to terms—what are you waiting for?  Repeal the Marshall-Newmann Amendment.  Pass anti-discrimination legislation.  Get your heads out of your butts.  Please do the right thing and be part of the change you know is right.  To the rest, of you, please take Sean Penn’s advice.

Thank you, Sean Penn.

h/t:  Eileen Levandoski.

At the start of the 2009 General Assembly Session, Equality Virginia’s legislative agenda included ten bills covering nine different topics — all of which would have a positive impact on gay, lesbian, bi-sexual and transgender people in Virginia if enacted.  Two issues, nondiscrimination in public employment and equity in group life insurance, were targeted as key priorities.

This past Tuesday marked “Crossover” day, which is the day when the houses of introduction must complete work on their bills. As of that time, one of the two bills to provide equity in group life insurance had passed the Senate and is pending in the House.  In addition, we are continuing to watch a bill to expand the state’s bullying law, which has been significantly modified since its introduction.  All of the other bills on the legislative agenda failed to pass in their respective houses of introduction and they are “dead” for this session of the legislature.  Additional detail regarding bills and the consideration they received is provided below.

In addition to the bills supported by Equality Virginia, we were able to force a vote on the floor of the House on the issue of discrimination by asking Delegate Adam Ebbin to offer an amendment to the budget that would have prohibited the discriminatory discharge or lay off of public employees based on the employee’s race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation or gender identity, or status as a veteran.  The budget amendment was narrower than the bill Delegate Ebbin offered in order to avoid procedural challenges to its consideration.  Delegate Ebbin offered introductory remarks regarding the reason for the proposed budget amendment which are set out in an appendix to this memo.  There was no comment or debate on the amendment.  A recorded vote was taken and the results were 42 YES, 55 NO and 3 Not Voting.  You can click the link to get the complete list of who voted how.

 NONDISCRIMINATION IN PUBLIC EMPLOYMENT HB 2385 (EBBIN) SUPPORT

Would offer all public employees protection from discrimination based on sexual orientation or gender identity, as well as other factors, such as race, religion and veteran status.

This bill was our number one priority, and a major goal was to get a fair hearing for the bill in the House this year.  The bill was heard thoroughly in the Professions/Occupation/Administrative Process subcommittee of House General Laws.  Delegate Ebbin was afforded an opportunity to present the bill and Equality Virginia testified in favor of it, as did the Director of the Virginia Department of Human Resource Management and Robley Jones from the Virginia Education Association.  In addition, the AARP and the Virginia Governmental Employees Association also were cited as in support of the legislation.   Mr. Jack Knapp, the lobbyist for the Virginia Federation of Independent Baptists, was the only person to speak against the legislation.

After Delegate Gilbert had finished his line of questioning, which included questions posed to the representatives of the VEA and the State Department of Human Resource Management about whether they supported the gender identity provisions of the bill (which they affirmed they did), Delegate Jackson Miller moved to strip the gender identity language from the bill.  The motion passed on a voice vote supported by Delegates Miller, Gilbert, E.T. Scott, Carrico and Cosgrove and opposed passionately and eloquently by Delegate Eisenberg.

Delegate Jackson Miller then moved to report the bill as amended.  Delegate Scott made a substitute motion to table the bill.  Delegates Miller and Eisenberg voted against the motion to table.  Delegates Cosgrove, Carrico, E.T. Scott, and Gilbert voted for the motion to table.  Delegates Ward and Barlow were not present at the meeting. 

 GROUP LIFE INSURANCE HB 1726 (RUST) and SB 945 (HOWELL) SUPPORT

Would allow employers to extend group life insurance policies to any class of persons as agreed to by the employer and its insurer as is now the case with group health insurance.

The Senate passed the Senate version of this bill, SB 945, by a vote of 32-7:

YEAS–Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puller, Quayle, Reynolds, Ruff, Saslaw, Stolle, Stosch, Stuart, Ticer, Vogel, Wampler, Whipple–32.

NAYS–Cuccinelli, Martin, Newman, Obenshain, Puckett, Smith, Wagner–7.

The House version of the bill, HB 1726, failed in a subcommittee of House Commerce and Labor on a tie vote on a motion to report:

YEAS– Saxman, Morgan, Melvin, Sickles–4.

NAYS– Ware, R.L., Nixon, Janis,  Joannou–4.

ABSTENTIONS–0.

NOT VOTING—Hargrove, Ward, Kilgore–3.

Delegates Hargrove and Ward, who we believed would vote favorably on the measure, were absent attending a Virginia War Memorial Commission meeting and a wake, respectively.

 HOUSING DISCRIMINATION HB 1625 (ENGLIN) SUPPORT

Would allow localities to expand groups protected from housing discrimination under state law to include GLBT persons.

This bill would have given localities flexibility to extend protection from housing discrimination to groups not covered by the state housing law.  The bill was tabled in the Housing Subcommittee of House General Laws on an unrecorded voice vote.

 HOUSING DISCRIMINATION HB 2668 (SCOTT) SUPPORT

Would add sexual orientation to the protected classes under the Virginia Fair Housing Law.

This bill would have added “sexual orientation” to the Virginia Fair Housing Law covering all rental and sales transactions.  The bill was tabled without significant discussion in a subcommittee of House General Laws.  The vote was recorded: Delegates Oder, Carrico, Cosgrove, and Fralin voted to table; Delegates Dance and Bulova voted against tabling; Delegates Hull and Jackson Miller were not present.

 FAIRFAX COUNTY NONDISCRIMINATION BILL HB 1933 (PLUM) SUPPORT

Would authorize Fairfax County to add “sexual orientation” to its local nondiscrimination ordinances and policies.

This bill would have allowed Fairfax County, in an exercise of home rule, to amend its local nondiscrimination ordinances to include “sexual orientation.”  Heather Lawson, Vice Chair of the Fairfax Human Rights Commission came to Richmond to testify in favor of the bill. 

The bill died in a subcommittee of the House Committee on Counties, Cities and Towns on an unrecorded voice vote.  Members of the subcommittee voting to table the bill included the chair of the subcommittee, Delegate Crockett-Stark and Delegates Orrock, Iaquinto, Poindexter and Massie.  Delegates Hall, Caputo, Pollard and McQuinn voted against the motion to table.  Delegate Marshall was not present.

 FAIRNESS IN DETERMINING ELIGIBILITY FOR PUBLIC BENEFITS HB 2375 (ENGLIN) SUPPORT

Would establish that the state can’t consider the income of a person in deciding on the eligibility of a family or household for health and social services if the relationship of that person to the family isn’t recognized by the Commonwealth.

This common sense measure, which was supported by the Family Foundation (“it’s only fair given the passage of the amendment”), sailed through the Committee on Health, Welfare and Institutions by a vote of 21-0, and was recommended for passage by the health and social services subcommittee of House Appropriations.  Nonetheless, it was not acted upon by the full Appropriations Committee.

 STANDARDS FOR MODEL ANTI-BULLYING POLICY HB 1624 (ENGLIN) SUPPORT

Would establish standards for the State Board of Education to follow in amending its current model student conduct policies addressing bullying. As introduced, the bill would require the model policy to specifically address bullying directed at a student because of his or her sexual orientation or gender identity.

This bill was amended substantially by the patron and the House Education Committee after introduction.  The only new language left in the bill adds “the use of electronic means for purposes of bullying, harassment, and intimidation” to the topics that must be addressed in the model student conduct policy.  As amended, the bill passed the House by a vote of 94-5.

 REPEAL THE MARSHALL-NEWMAN AMENDMENT HJR 657 (ENGLIN) SUPPORT

Would be the first step toward repealing the Marshall-Newman amendment that added to the bill of rights of the Virginia Constitution an amendment denying all relationship recognition to GLBT couples.

This resolution died in the constitutional amendment subcommittee of the House Privileges and Elections Committee on which the following legislators sit:  Janis (Chairman), Putney, Hargrove, Cosgrove, Frederick, Phillips, Alexander, Morrissey

On an unrecorded vote, Janis, Putney, Hargrove, Cosgrove, Frederick, Phillips and Alexander all supported a motion to pass the resolution by indefinitely.  Only Morrissey voted no. 

Arguments against the resolution centered on the fact that Virginians had approved the amendment by a wide margin only two years ago and that there was no compelling evidence to suggest that a majority of Virginians had changed their mind.

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