This is an interview with the incumbent candidate for the 53rd district, Delegate Jim Scott. His opponent is Christopher Merola.
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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 Scott has introduced HB1552. This bill would prohibit discrimination based on sexual orientation to the state’s fair housing law. The complete text of the bill reads:
Adds sexual orientation as an unlawful discriminatory housing practice.
This bill is expected to be in subcommittee on February 1st. Please let your delegates and the members of the subcommittee know you support this bill.
HB 2921 — Anti-Gay Adoption – Del. Richard Black (R-Sterling) and Del. Robert Marshall (R-Manassas) - passed House (71-24); DEFEATED in Senate committee
In it original form, would have prohibited “homosexuals” from adopting children in Virginia.
Current version is modified to require investigators to determine and report “whether the petitioner is known to engage in current voluntary homosexual activity or is unmarried and cohabiting with another adult to whom he is not related by blood or marriage”
Our position: This measure is an extreme attempt to deny hundreds of children from having permanent, loving and nurturing forever homes. Studies have shown children raised by gay or lesbian parents do not suffer adverse affects in any developmental area. While this bill is weakened from its original form, it would still encourage discriminatory and special disparate treatment against prospective
gay and lesbian parents.
How they voted:
YEAS– Watkins M. Abbitt, Jr., David B. Albo-Springfield, Ward L. Armstrong, Clifford L. Athey, Jr., Mamye E. BaCote, William K. Barlow, Robert B. Bell,Richard H. Black, L. Preston Bryant, Jr., Kathy J. Byron, Vincent F. Callahan, Jr.-McLean., Charles W. Carrico, Sr., Benjamin L. Cline, Mark L. Cole, J. Paul Councill, Jr., M. Kirkland Cox, , Allen W. Dudley, William H. Fralin, Jr., Jeffrey M. Frederick, Thomas D. Gear, H. Morgan Griffith, , Phillip A. Hamilton, Frank D. Hargrove, Sr., Clarke N. Hogan, Algie T. Howell, Jr., William J. Howell, Timothy D. Hugo-Fairfax, Robert Hurt, Riley E. Ingram, William R. Janis, Johnny S. Joannou, Joseph P. Johnson, Jr., Dwight Clinton Jones, S. Chris Jones, W. Benny Keister, Terry G. Kilgore, Lynwood W. Lewis, Jr., L. Scott Lingamfelter,Allen L. Louderback, Bradley P. Marrs, Daniel W. Marshall, III, Robert G. Marshall, Joe T. May, Robert F. McDonnell, Ryan T. McDougle, Michele B. McQuigg, Floyd H. Miles, Sr., Paula J. Miller, Samuel A. Nixon, Jr., David A. Nutter, John M. O’Bannon, III, G. Glenn Oder, Robert D. Orrock, Sr., Clarence E. Phillips, Albert C. Pollard, Jr., Harry R. Purkey, Lacey E. Putney, Melanie L. Rapp, Gary A. Reese-Oak Hill/Herndon, John S. Reid, , Christopher B. Saxman, Edward T. Scott, Beverly J. Sherwood, Lionell Spruill, Sr., Jackie T. Stump, Terrie L. Suit, Robert Tata, Leo C. Wardrup, Jr., Onzlee Ware, R. Lee Ware, Jr., Glenn M. Weatherholtz, John J. Welch, III, Thomas C. Wright, Jr. –71
NAYS–Kenneth C. Alexander, Kristen J. Amundson-Mt. Vernon, Mamye E. BaCote, Viola O. Baskerville, Robert H. Brink, James H. Dillard, II-Fairfax, Adam P. Ebbin-Fairfax, Albert C. Eisenberg, Franklin P. Hall, Robert D. Hull-Falls Church, Dwight Clinton Jones, Kenneth R. Melvin, Brian J. Moran-Alexandria,Harry J. Parrish, J. Chapman Petersen-Fairfax, Kenneth R. Plum-Reston, Thomas Davis Rust-Herndon, James M. Scot-Merrifield, Stephen C. Shannon-Vienna, James M. Shuler, Mark D. Sickles-alexandria, Mitchell Van Yahres, Jeion A. Ward, Vivian E. Watts-Annandale –24.
ABSTENTIONS–0.
NOT VOTING–John A. Cosgrove, R. Steven Landes, Harvey B. Morgan, Van Marian Van Landingham-Alexandria–4.
HJ 586 – Virginia Marriage Amendment –
Del. John R. Cosgrove (Chesapeake) – passed House (78-18)
Constitutional amendment (first reference).
Provides that marriage “is the legal union of one man and one woman as husband and wife” and that “no other combination of persons may be licensed to marry.” The proposed amendment prohibits the creation, recognition, or enforcement of imitations of marriage.
Amended as follows:
That in this Commonwealth, a marriage shall consist exclusively of the union of one man and one woman as husband and wife. This Commonwealth shall not recognize or create another union or partnership to which is assigned the rights, benefits, obligations, or status of marriage.
Any right, benefit, obligation, or status pertaining to persons not married is otherwise not altered or abridged by this section.
Our position on marriage amendments: These amendments are overbroad and will be considered by all fair-minded Virginians as an attack that goes too far. Beyond “protecting marriage” they unnecessarily restrict loving, committed couples who most people believe should be allowed many of the benefits and obligations currently associated only with marriage. Marriage is already well out of our reach in Virginia; we hope a way is preserved to allow future legislators to respond positively to the steadily growing public sentiment in support of recognition for all couples.
How they voted:
YEAS–Watkins M. Abbitt, Jr., David B. Albo-Springfield, Kenneth C. Alexander, Ward L. Armstrong, Clifford L. Athey, Jr., William K. Barlow, Robert B. Bell, Richard H. Black, L. Preston Bryant, Jr., Kathy J. Byron, Vincent F. Callahan-McLean, Charles W. Carrico, Sr., Benjamin L. Cline, Mark L. Cole, John A. Cosgrove, J. Paul Councill, Jr., M. Kirkland Cox, Allen W. Dudley, William H. Fralin, Jr., Jeffrey M. Frederick, Thomas D. Gear, H. Morgan Griffith, Franklin P. Hall, Phillip A. Hamilton,Frank D. Hargrove, Sr., Clarke N. Hogan, William J. Howell, Timothy D. Hugo-Centreville, Robert Hurt, Riley E. Ingram, William R. Janis, Johnny S. Joannou, Joseph P. Johnson, Jr., Dwight Clinton Jones, S. Chris Jones, W. Benny Keister, Terry G. Kilgore, R. Steven Landes, Lynwood W. Lewis, Jr., L. Scott Lingamfelter, Allen L. Louderback, Bradley P. Marrs, Daniel W. Marshall, III, Robert G. Marshall, Joe T. May, Robert F. McDonnell, Ryan T. McDougle, Michele B. McQuigg, Paula J. Miller, Harvey B. Morgan, Samuel A. Nixon, Jr., David A. Nutter, John M. O’Bannon, III, G. Glenn Oder, Robert D. Orrock, Sr., Harry J. Parrish, J. Chapman Petersen-Fairfax, Clarence E. Phillips, Harry R. Purkey, Lacey E. Putney, Melanie L. Rapp, Gary A. Reese-Oak Hill, John S. Reid, Thomas Davis Rust-Herndont, Edward T. Scott, Stephen C. Shannon-Vienna, Beverly J. Sherwood, Lionell Spruill, Sr., Jackie T. Stump, Terrie L. Suit, Robert Tata, Leo C. Wardrup, Jr.,Onzlee Ware, R. Lee Ware, Jr., Vivian E. Watts-Annandale, Glenn M. Weatherholtz, John J. Welch, III, Thomas C. Wright, Jr. –78.
NAYS–Kristen J. Amundson-Mt. Vernon, Mamye E. BaCote, Viola O. Baskerville, Robert H. Brink, James H. Dillard-Fairfax, Adam P. Ebbin-Fairfax, Albert C. Eisenberg, Robert D. Hull-Falls Church, Kenneth R. Melvin, Floyd H. Miles, Sr., Brian J. Moran-Alexandria, Kenneth R. Plum-Reston, Albert C. Pollard, Jr., James M. Scott-Merrifield, James M. Shuler, Mark D. Sickles-Alexandria, Mitchell Van Yahres, Jeion A. Ward–18.
ABSTENTIONS–0.
NOT VOTING–Algie T. Howell, Jr., Christopher B. Saxman, Marian Van Landingham-Alexandria–3.
HB 2894 — Prohibits Discrimination for State Employees – Del. James M. Scott (D-Merrifield) – defeated in committee (16-4)
Patrons:
Prohibited discrimination; state employees. Prohibits discrimination in state employment on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, disability, or sexual orientation.
The vote was to table the bill, effectively killing it.
How they voted:
YEAS (5):
NAYS (5):
ABSTENTIONS (0)
NOT VOTING (2):
HB 2116 – Fairfax County Non-discrimination Bill – Del. Ken Plum – defeated (17-4) in committee
Urban county executive form of government; commission on human rights.
House patrons: Kenneth R. Plum (chief patron), Robert H. Brink, James H. Dillard, II, Adam P. Ebbin, Albert C. Eisenberg, Robert D. Hull, Brian J. Moran, J. Chapman Petersen, James M. Scott, Mark D. Sickles, Vivian E. Watts
Senate patrons: Janet D. Howell, Linda T. Puller, Richard L. Saslaw, Patricia S. Ticer, Mary Margaret Whipple
Adds “sexual orientation” as prohibited discrimination and authorizes action against such discrimination by a human rights commission in a county with the urban county executive form of government (Fairfax County
How they voted on a motion to PBI, or kill, this bill:
YEAS (17):
NAYS (4):
NOT VOTING (1):
Recommended action: Thank Del. Plum and the co-patrons of this legislation.
SB 1338 Health insurance; coverage for certain persons.
Senate patrons: Janet D. Howell, Jeannemarie Devolites Davis, Richard L. Saslaw - passed Senate (26-14)
House patrons: Robert H. Brink, Vincent F. Callahan, Jr., James H. Dillard, II - passed House (49-48)
Allows coverage under a group accident and sickness insurance policy to be extended to insure any class of persons as may mutually be agreed upon by the insurer and the group policyholder.
How they voted:
Senate:
YEAS–Bell, Blevins, Chichester, Colgan, Deeds, Devolites Davis, Edwards, Hawkins, Houck, Howell, Lambert, Locke, Lucas, Marsh, Miller, Norment, Potts, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Ticer, Watkins, Whipple–26.
NAYS–Bolling, Cuccinelli, Hanger, Martin, Mims, Newman, Obenshain, O’Brien, Rerras, Ruff, Stosch, Wagner, Wampler, Williams–14.
House:
YEAS–Albo, Alexander, Amundson, BaCote, Barlow, Baskerville, Bell, Brink, Callahan, Dillard, Ebbin, Eisenberg, Hall, Hamilton, Hargrove, Howell, A.T., Hull, Joannou, Johnson, Jones, D.C., Keister, Louderback, Marrs, Melvin, Miles, Miller, Moran, Morgan, O’Bannon, Orrock, Parrish, Petersen, Plum, Pollard, Purkey, Rust, Saxman, Scott, J.M., Shannon, Shuler, Sickles, Spruill, Suit, Tata, Van Yahres, Ward, Wardrup, Ware, O., Watts–49.
NAYS–Abbitt, Armstrong, Athey, Black, Bryant, Byron, Carrico, Cline, Cole, Cosgrove, Cox, Dudley, Fralin, Frederick, Gear, Griffith, Hogan, Hugo, Hurt, Ingram, Janis, Jones, S.C., Kilgore, Landes, Lewis, Lingamfelter, Marshall, D.W., Marshall, R.G., May, McDonnell, McDougle, McQuigg, Nixon, Nutter, Oder, Phillips, Putney, Rapp, Reese, Reid, Scott, E.T., Sherwood, Stump, Ware, R.L., Weatherholtz, Welch, Wright, Mr. Speaker–48.
NOT VOTING–Councill, Van Landingham–2.
Our position: Virginia was the only state restricting businesses from extending health benefits to domestic partners and other family members.
Recommended action: Thank Sen. Howell, those who co-sponsored, and those who voted Yes!
| June 7, 2004 | ||
| 6:30 pm | to | 9:00 pm |
11 elected representatives attended:
Senator Janet Howell, Senator Jeannemarie Devolites, Delegate Ken Plum, Delegate Jim Scott, Delegate Adam Ebbin, Delegate Brian Moran, Delegate Steve Shannon, Delegate Chap Petersen, Delegate Dave Albo, Delegate Vivian Watts, Delegate Mark Sickles and 120 members of our community and allies turned out in a show of interest that cannot be denied.
Thank you to those who could attend; your participation had a powerful impact. Thank you to MCC NOVA for graciously allowing us to use their wonderful church facility.
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