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.
Delegate Chuck Caputo is the incumbent candidate in the 67th district. Chuck provided us with the following written responses to our questions we submitted to the candidates.
What do candidates for the Virginia Senate and House races have to say about issues impacting the GLBT community? Come to the Putting the “Fair” in Fairfax House Discussion Forum to find out. This is our chance to hear directly from the candidates about issues impacting our community. The following candidates are expected:
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