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Standing On The Right Side Of History With Jennifer Carroll Foy

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The delegate from Petersburg has fought hard for her place in the General Assembly, and fought just as hard to make Virginia the 38th state to ratify the Equal Rights Amendment. This is her story.

A month into 2020, the General Assembly has entered a new era of historical change as Democrats have taken control of Virginia’s legislative body. One specific issue that has received immediate attention from the new Democratic majority is equality for women. And the first concrete goal for the state in order to advance that agenda was becoming the 38th state to ratify the Equal Rights Amendment.

This amendment to the United States Constitution, which passed through Congress nearly 50 years ago, would state that “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” In order for this amendment to become part of the Constitution, it must be ratified by 38 of the 50 states. And when, last month, Virginia became the 38th state to ratify the amendment, the ERA became a pivotal moment in history — both for Virginia and the United States.

Even before the beginning of the 2020 General Assembly session, ratification of the Equal Rights Amendment was a top priority for Democratic Delegate Jennifer Carroll Foy. But the fight for ratification was not just about the destination for Carroll Foy; it was also about the journey. 

Carroll Foy with ERA advocates on January 14, the day her resolution to ratify the ERA passed the House Privileges and Elections Committee. (Photo via Del. Jennifer Carroll Foy/Facebook)

Growing up 20 miles south of Richmond, VA in Petersburg, Carroll Foy was instilled by her grandmother with the idea that “You can do anything you put your mind to.” Taking inspiration from this phrase, Carroll Foy focused on her education, working to overcome adversity along the way.

“I remember being in high school, in my JROTC class, hearing at that time that there was a school that I couldn’t attend because I was a female,” said Carroll Foy. That school, Virginia Military Institute, was the last military college in the United States to refuse admittance to women. Carroll Foy was determined to attend, and after a 1997 Supreme Court decision ruled that the school would have to admit women, she did. “I was accepted, and then I actually graduated in the third class of women to ever graduate from the Virginia Military Institute.”

Carroll Foy continued to defy societal expectations for African American women, earning a Master’s Degree in English from Virginia State University, then moving to the west coast to obtain a law degree at San Diego’s Thomas Jefferson School of Law. When she returned to Virginia, she began working as a city magistrate in Richmond before becoming a public defender.

“Being a public defender and helping people who are over 100 percent below the poverty line was something I was really passionate about,” Carroll Foy said, expressing empathy with her clients. ”Those are kids, people with substance abuse issues, mental illness.”

By January of 2017, she’d decided to take another step to help the people she worked with as a public defender. She decided to run for office to become the Second District’s representative in Virginia’s House Of Delegates. During the campaign, she became a mother of twins. Initially bombarded with concerns of how she was going to manage life as a mother, a wife, an attorney, and a candidate running for a seat in the House of Delegates that had been previously held by a Republican, Carroll Foy grew frustrated with those who suggested she’d have to decide whether she wanted to focus on motherhood or her career. “Why do they have to be ‘or’s’? Why can’t they be ‘and’s’?” she asked. “Why can’t I do it all?”

Carroll Foy with her son Alex on the House floor on the day the ERA was officially ratified by Virginia’s General Assembly. (Photo via Del. Jennifer Carroll Foy/Facebook)

So far in her time in office, she’s proven that she can. As a legislator, Carroll Foy seeks challenges that offer an opportunity to alter the prejudicial and sexist paradigm. She wants to make sure change is made, and done so properly. “Equality is not something I’m willing to compromise,” she said.

Carroll Foy began fighting to pass the ERA as soon as she took her seat in the General Assembly in 2018. During the fight, she worked closely with Richmond-based advocate Eileen Davis, along with advocacy organizations like the ERA Coalition, Virginia National Organization for Women, VA ratify ERA, and the Delta Sigma Theta Sorority.

Before the 2019 election, she was unable to convince the Republican-controlled House Of Delegates to pass the ERA. At the end of that unsuccessful battle, she told Republicans, “If we can’t change your mind on women’s equality, we will have to change your seat.”

To Carroll Foy, the ERA has never been a secondary issue.“We have the equal pay act, but we need an Equal Rights Amendment as a constitutional anchor to really give those laws teeth,” she said. ”Once you start to pay women what they are worth, you lift millions of women, and millions of families.”

Carroll Foy isn’t just a one-issue legislator, though. She is currently working on legislation to end wage theft through a bill requiring contractors to pay what’s known as a “prevailing wage” — a wage matching the average paid to workers in similar positions in their industry. She’s also introduced the Pregnant Worker Fairness Act, which would require employers to make “reasonable accommodation” for pregnant employees, as well as a bill establishing a paid family and medical leave program through the Virginia Employment Commission. 

Carroll Foy addresses the House Of Delegates on January 15. (Photo via Del. Jennifer Carroll Foy/Facebook)

But the passage of the ERA has been a big victory for Carroll Foy, one she hopes will prove that Virginia is on a new course. 

“This sends a message throughout the country that we are now on the right side of history,” said Carroll Foy. “What this says is that Virginia has come to a turning point, and now with Democrats in control, we are going to fight for fairness, equality, and justice across the board.”

Additional reporting by Marilyn Drew Necci. Top Photo via Del. Jennifer Carroll Foy/Facebook

Hundreds Trek To Virginia’s Capitol To Support Environmental Bills

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Supporting alternative energy, lowering carbon emissions, and protecting Virginia’s vulnerable communities were important issues to the crowd that gathered at the Capitol building.

Hundreds of clean energy supporters trekked to the State Capitol last week demanding Virginia move away from reliance on carbon-based energy, invest in alternative energy supplies, and lower rates for customers.

At the rally, hosted Tuesday by the Sierra Club Virginia Chapter, Chesapeake Climate Action Network Action Fund, and other environmental organizations, participants pushed for Virginia to join the Regional Greenhouse Gas Initiative, an effort to cap and reduce carbon emissions from the power sector. 

Gov. Ralph Northam supported the initiative in his 2020 budget proposal by including $733 million in new funding for the environment and clean energy. 

“In Virginia, we are proving that a clean environment and a strong economy go hand-in-hand — and having both is what makes our Commonwealth such a great place to live, work and play,” Northam said in a press release. 

Supporters of clean energy gather on the Capitol steps. Photo by Jeffrey Knight

Organizations lobbied for bills that seek to depart from a reliance on fossil fuels such as coal and natural gas. One focus was House Bill 1526 and its counterpart Senate Bill 851, known as the Virginia Clean Economy Act. 

These bills would develop mandatory standards, annual timelines and call for specific reductions of carbon emissions, with the goal to hit 0 percent by 2050. The bills also push for offshore wind operations and solar energy generation. 

“I’m 100% for environmental issues,” Sen. Lionell Spruill Sr., D-Chesapeake, and co-patron of SB 851, said to supporters of the bill during the rally. “If I have to stand alone for environmental issues, I will do it alone.”

After supporters met with legislators, they reconvened at the nearby St. Paul’s Episcopal Church, where they heard speakers champion environmental justice and steps to combat climate change. 

Del. Jennifer Carroll Foy, D-Prince William, took to the podium during the rally to address coal ash, a by-product of burning coal in power plants that contains arsenic, mercury, and other metals.

“Most of our environmental impacts, not only of climate change but also with coal ash and pipelines, are in our most vulnerable communities,” Carroll Foy said to the audience. 

Harrison Wallace, Va. director of the Climate Action Network, address the crowd during the Clean Energy Rally. Photo by Jeffrey Knight.

Dominion is Virginia’s main energy supplier, with 2.6 million customers in Virginia and Eastern North Carolina, according to its website. The energy giant has been moving away from coal production, but environmental advocates worry that closure of Dominion’s coal ash ponds will affect nearby communities. They want Dominion to haul away the coal ash, instead of capping it in place.

Advocates also said that the proposed Atlantic Coast Pipeline that Dominion and other utility companies want to build as they tap into alternative energy sources will compromise communities and deviate from a zero carbon future.

“There will be 35 years of non-renewable energy if the pipeline continues,” said Corrina Beall, legislative and political director of the Sierra Club Virginia Chapter. 

The Environmental Justice Act (HB 704 and SB 406) patroned by Del. Mark Keam, D-Fairfax, and Sen. Ghazala Hashmi, D-Richmond, respectively, would require state agencies to review proposed environmental policies with regard to the impact on low income communities, communities of color and vulnerable populations and calls for “the fair treatment and meaningful involvement of all people.”

The Clean Energy Rally brought hundreds to advocate for zero carbon emissions as well as other environmental legislation. Photo by Jeffrey Knight.

Supporters at the rally also pushed for the Fair Energy Bills Act (HB 1132), patroned by Del. Jerrauld “Jay” Jones, D-Norfolk, and Del. Lee Ware, R-Powhatan. The bill calls for lower rates from energy suppliers like Dominion Energy, who reportedly overcharged Virginians $277 million more than they were allowed in 2018. 

SB 966 restored the SCC’s ability to conduct earnings reviews to determine whether Dominion Energy had collected more money than required. If so, the extra revenue could be reinvested in electric distribution grid transformation as well as solar and offshore wind projects, at no extra cost to the consumer. 

“What makes more financial sense is for the money to be reinvested, which allows the customer to get the benefit of the project without any additional rates,” said Rayhan Daudani, manager of media relations for Dominion Energy. 

He said that customers get a “great value” with rates 6.8 percent below the national average, along with increased investment in renewable energy and a transformed energy grid. Dominion said it plans to invest $750 million between offshore wind projects and smart meters that provide better grid service. 

“Our mission is to keep those prices low, build the nation’s largest offshore wind project, continue to provide solar energy across the state, and keep the lights on for our customers,” Daudani said.

Supporters of clean energy gather on the Capitol steps. Photo by Adrienne Eichner.

The offshore wind project is set to be the largest in the U.S., with enough energy to power up to 650,000 Virginia homes, according to a recent Dominion Energy press release. 

So far none of the bills supported by clean energy advocates have passed committee.

Written by Jeffrey Knight, Capital News Service. Top Photo by Adrienne Eichner.

Marijuana Reform Advocates Divided Between Decriminalization And Legalization

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Advocates may not agree about whether decriminalization or outright legalization is the correct path for Virginia marijuana legislation. But they’re united in the belief that the state’s current laws must change.

Advocates dressed in black stood Wednesday at the base of the Virginia Civil Rights Memorial to voice their support of marijuana legalization, repeating a variation of “the time is now” in each of their statements. 

Participants dressed in black “in order to stand in solidarity with the black and brown bodies that have been criminalized for decades here in the commonwealth,” said Chelsea Higgs Wise, co-founder of Marijuana Justice, a Virginia-based nonprofit organization that aims to educate people on the history of cannabis criminalization in the U.S. 

The American Civil Liberties Union of Virginia, along with Marijuana Justice and RISE for Youth, a campaign committed to promoting alternatives to youth incarceration, held a press conference promoting House Bill 1507, patroned by Del. Jennifer Carroll Foy, D-Prince William. 

“Lean on your legislators and make sure that they understand the effort to legalize marijuana is here and we’re bringing it to your front door, because now is the time to fully have criminal justice reform in a meaningful way,” Carroll Foy said. 

Del. Joshua Cole addresses the press about the racial effects of marijuana prohibition. Photo by Emma Gauthier

The bill wants to exclude marijuana from a list of controlled substances that are illegal to possess. Under current law, less than half an ounce of marijuana is considered a class one misdemeanor.

A “first offender’s rule” is offered on first convictions in lieu of class one misdemeanor penalties. The rule includes probation, drug testing and community service. Subsequent convictions are punishable by up to one year in jail and a maximum fine of $2,500.

Possession of more than half an ounce of marijuana is by law considered an intent to distribute and is charged as a felony, punishable by one to 10 years in prison. 

Capital News Service reported that in 2018, the only offenses more common than marijuana possession were traffic-related, such as speeding or reckless driving. Marijuana arrests that year were at their highest level in at least 20 years, with nearly 29,000 arrests. 

“Arrests for marijuana possession are significantly higher for blacks and people of color, even though data has shown that there is no higher rate usage with people of color than there are with white people,” said Del. Joshua Cole, D-Stafford, chief co-patron of HB 1507. “But yet we are constantly the ones that are taking the brunt of this.” 

Virginia State Police arrested more white people (25,306) for drug violations in 2018 than African Americans (20,712). While African Americans make up 19 percent of Virginia’s population, they consisted of nearly half of all marijuana convictions in 2018, according to a Capital News Service analysis of court records. Carroll Foy said that African Americans are three times more likely than any other race to be stopped, arrested and convicted for possession of marijuana. 

Nine other bills have been introduced this session relating to the possession of marijuana. Some propose legalization, while others propose decriminalization. Although the terms are used interchangeably at times, the two carry dramatically different meanings. 

Bills similar to HB 1507, like HB 87 and HB 269, propose the legalization of marijuana, which would lift existing laws that prohibit possession of the substance. 

Senate Bill 2, patroned by Sen. Adam Ebbin, D-Alexandria, HB 972, patroned by Del. Charniele Herring, D-Alexandria, and several other bills propose the decriminalization of marijuana. These bills would impose a $50 fee for consuming or possessing marijuna. Ebbin’s bill would raise the threshold amount of marijuana subject to distribution or possession with intent to distribute from one-half ounce to one ounce. Herring’s bill would impose a $250 fee if the offender was consuming marijuana in public. However, the drug would remain illegal.

Advocates at the press conference support the legalization of marijuana in the commonwealth. Photo by Emma Gauthier

The ACLU said last week at a press conference that decriminalization and civil offenses still hold and create a number of issues — someone who wants to contest the citation would have to do so without a lawyer, and those who cannot afford to pay upfront would have to go to court, which usually includes more costs and fees. The group instead wants to see a full repeal of the prohibition on marijuana.

Virginia Attorney General Mark Herring took part in a cannabis conference Sunday and voiced his support for marijuana reform. 

“It’s clear time for cannabis reform has come,” Herring said. “Justice demands it, Virginians are demanding it, and I’m going to make sure we get it done.”

Ashna Khanna, legislative director of the ACLU of Virginia, said they have confirmed Herring’s support of HB 1507. The organization, along with 11 others, sent a letter to Gov. Ralph Northam requesting support of legislation to legalize marijuana, and hope that he will be open to meeting with them soon.

Written by Emma Gauthier, Capital News Service. Top Photo: Del. Jennifer Carroll Foy expresses the urgency of HB 1507. Photo by Emma Gauthier.

100 Years After Women Earned the Right to Vote, Will VA Legislators Pass Equal Rights Amendment?

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With a new Democratic majority in the General Assembly, Virginia could become the 38th state to ratify the ERA. Generation Z, people of color, and the LGBTQ community are leading a new generation in the decades-long fight to add the amendment to the U.S. Constitution.

University of Virginia student Emilia Couture had no idea what the Equal Rights Amendment was before her sister told her about the amendment a few years back.

Now as the outreach director of Generation Ratify, a youth-led movement created to ratify the ERA, Couture and many others are leading a new generation in the decades-long fight to add the amendment to the U.S. Constitution.

“It’s time to change the face of the movement by including the next generation — the youth,” Generation Ratify said on its website. 

The ERA seeks to guarantee equal rights in the U.S. Constitution regardless of sex. The amendment was introduced in Congress in 1923, roughly three years after the 19th Amendment gave women the right to vote. It took Congress nearly five decades to pass the amendment, which still needed to be approved by 38 states. Two deadlines passed without the required approval. By the 1980s, 35 states had ratified the amendment, but it wasn’t until recent years that the movement gained more momentum. Nevada and Illinois ratified the ERA in 2017 and 2018, respectively. With a new Democratic majority in the General Assembly, Virginia could become the 38th state to ratify the ERA. 

Despite being born nearly two decades after the ERA’s last ratification deadline in 1982, Couture believes young people are aware of intersectionality, and want to implement inclusivity in the ERA.

Members of Generation Ratify at a VA Ratify ERA rally (via Generation Ratify/Instagram)

According to Generation Ratify, gender equality is an intersectionality issue, which means that when social categorizations like race and gender combine, members of more than one minority group experience other disadvantages than just gender inequality. 

“I think for a long time, the ERA movement has largely been a white women’s movement, and it’s really problematic that it has been,” Couture said. 

The amendment has diverse support in the state legislature, including men. According to a 2016 poll conducted by the ERA Coalition, the ERA is supported by a majority of men and women. Sen. Glen Sturtevant, R-Richmond, sponsored ERA legislation in 2019, and Sen. Scott Surovell, D-Fairfax, introduced bills in the past two years to ratify the amendment.

 Sen. Jennifer McClellan, D-Richmond, said African American women and women of color were overlooked in the building of the ERA and women’s rights, but now these women are leading the push for the ERA. 

Sen. Pat Spearman, D-North Las Vegas, an openly lesbian, African American woman, led the fight in Nevada to ratify the ERA. Spearman served as the chief sponsor of the 2017 resolution to ratify the ERA in the Nevada Legislature, approved that year.

“It is a symbol of the fact that we are becoming a more perfected union and we understand that equality matters,” Spearman said.

Long-time ERA advocates and new advocates for the amendment join together to discuss the history of the fight for equality. (Photo by Christopher Brown)

Virginia legislators have made multiple attempts to ratify the ERA. This year, Senate Joint Resolution 284 to ratify the ERA passed the Senate, but never made it out of a House subcommittee. Four Republicans voted against the resolution in a subcommittee, while two Democrats voted for it. During the vote, Del. Margaret Ransone, R-Westmoreland, said she voted against the resolution because she doesn’t need words on a piece of paper representing women’s equality because “God made us all equal.”

Del. Hala Ayala, D-Prince William, one of two Latinas elected to the General Assembly in 2017, said in a recent interview with Capital News Service that she doesn’t understand why some members of the Republican party would “argue the moral obligation that we have to not only look towards our constituents, who overwhelmingly supported this, but also women, who wanted their voices to be heard.”

Democrats then filed motions for rule changes that would have the amendment heard on the House floor and give delegates a chance to vote on it, but the motions failed.

Several members of the Virginia Legislative Black Caucus are leading the push to ratify the ERA in the upcoming General Assembly session. Ayala is chief co-patron on House Joint Resolution 1, sponsored by Del. Jennifer Carroll Foy, D- Prince William. McClellan and Sen. Mamie Locke, D-Hampton, are chief patrons of Senate Joint Resolution 1, which seeks to ratify the amendment in the Senate.

Carroll Foy said that she believes that the ERA has a far-reaching impact on women of color than other marginalized groups due to inequality in pay.

“As an African American woman, I am paid approximately 60 cents to a man’s dollar,” Carroll Foy said. 

While the ERA does not explicitly talk about equal pay for women, Carroll Foy said she believes that adding the amendment to the Constitution would be the anchor when it comes to passing equal pay legislation. 

R to L: Virginia Attorney General Mark Herring, former Illinois Republican House Rep. Steven Andersson and Nevada Democratic Sen. Pat Spearman. (Photo by Christopher Brown)

However, not all women advocate for the amendment’s passage. Anne Schlafly Cori, chairman of the Eagle Forum, an advocacy organization for conservative values, said the ERA would harm women.

“ERA does not put women in the Constitution, ERA puts sex in the Constitution,” Schlafly Cori said. “Sex has a lot of other meanings besides men and women.”

Schlafly Cori’s mother, Phyllis Schlafly, founded the Eagle Forum. During the 1970s, Schlafly was a strong opponent of the ERA. For the new generation, Schlafly Cori said she believes that the ERA, if ratified, would give constitutional rights to what she called “a group of people who didn’t exist in the 1970s,” transgender people. 

The amendment bans sex-based discrimination; however, it does not specify what sex is. According to the National Institutes of Health, sex refers to the biological differences between females and males, while gender identity refers to a person’s internal sense of gender. Del. Danica Roem, D-Prince William, a co-patron of HJ1, said people think LGBTQ people are “subverting social norms” when it comes to gender and sex. 

“Discrimination in regards to sexual orientation, gender identity, and gender expression are all inherently discrimination on accounts of sex,” said Roem.

Roem said that discrimination against LGBTQ people justifies ratifying the ERA.

Del. Mark Cole, R-Fredericksburg, believes the ERA will be ratified in 2020. However, Cole said that ratifying the amendment will lead to a series of “costly and divisive lawsuits.” Since the ERA’s last ratification deadline passed in 1982, the amendment is considered expired, according to Cole. He also notes that five states rescinded their ratifications. 

“Regardless of who wins these lawsuits, a large portion of the country will consider the Constitution to be tainted,” Cole said in a statement on his website posted in January. “Either with an amendment that is not valid or because an amendment that should be included was not.”

During the 2019 General Assembly session, Cole  proposed HJ 692, which would have Congress  re-submit the amendment with “language that addresses the concerns that caused the old ERA to fail,” but it died in committee. ERA Advocates, however, said they believe that the original amendment can still be ratified. Supporters have cited U.S. Supreme Court cases like Coleman v. Miller, where the Supreme Court decided that it’s up to Congress to decide an amendment’s ratification period.

Photo via VA Ratify ERA/Facebook

Generation Ratify wants to remove the ERA’s ratification deadline. In November, the organization wrote to members of Congress to support resolutions which would remove the amendment’s deadline from the ratification process. 

“People of all genders deserve constitutional equality,” said Rosie Couture, Generation Ratify’s executive director. “It is that simple. Period.”

It’s unclear what Congress will do if the ERA is ratified by 38 states or what impact the amendment will have if it makes it into the Constitution, but many state Democrats are determined to approve the amendment. McClellan and other Virginia Democrats said they feel confident that the ERA will pass in the upcoming General Assembly session.

“To do it in the 100th anniversary of the 19th Amendment, I think it is very appropriate,” McClellan said. “While it’s long overdue, I think getting it done in 2020 is a little bit of poetic justice.”

Written by Christopher Brown, Capital News Service.