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Jennifer Carroll Foy Announces Plan to Protect LGBTQ Rights In Virginia

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Jennifer Carroll Foy is currently running for Governor in Virginia. If elected, not only will she be Virginia’s first female governor, she’ll institute a detailed plan to protect the rights and advance the interests of LGBTQ Virginians.

More than a decade ago, 57 percent of Virginians approved a constitutional amendment that defined marriage as a union solely between one man and one woman. Although this ban on same-sex marriages and civil unions was invalidated by the 2015 Supreme Court decision to recognize same-sex marriages, Virginia’s constitution still begs to differ.

Five years after Obergefell v. Hodges, Virginia’s constitution has yet to be amended in order to ensure that marriage equality and the rights of LGBTQ individuals are protected regardless of current court precedent. However, for Jennifer Carroll Foy, it’s a priority.

“Until all of our rights are secure, none of our rights are secure. And so, ensuring that we address equity and equality in Virginia in a real substantive way is truly important to me,” said Carroll Foy.

Having dedicated her entire life to giving a voice to the voiceless, the former delegate has unequivocally displayed her support for the most vulnerable and underrepresented communities that lie within the Commonwealth. And as a current candidate for the Democratic nomination for governor, she intends on expanding those efforts.

Carroll Foy has recently rolled out a new policy plan that outlines her goals of protecting the rights of LGBTQ communities against discrimination within the workplace, housing, public spaces, and the Virginia state constitution. “I’m here to fight just as vigorously for our LGBTQ+ community because they also need protection and to be treated as full class, first-class citizens,” she said.

Highlights of the plan include:

  • Amending the Virginia state constitution to be consistent with the Supreme Court 2015 Obergefell v. Hodges decision, reinforcing that marriage equality is the law of the land. 
  • Eliminating the LGBTQIA+ “panic defense” method that upholds leniency for violence on the basis of sexual orientation and gender identity. 
  • Instituting a statewide 100-day challenge to end LGBTQIA+ homelessness and to ensure that no person is without housing.
  • Championing a bill that clarifies the Virginia Human Rights Act by defining sexual and workplace harassment to include harassment based on an individual’s sexual orientation and gender identity.
  • Reviewing state-funded workforce development initiatives to ensure inclusive outreach, training, and hiring practices aimed at recruiting and retaining LGBTQIA+ employees.
  • Supporting legislation to establish a Virginia LGBTQIA+ Advisory Board to promote and address prominent economic, social, and educational issues for LGBTQIA+ constituents.
  • Continuing to declare every June as LGBTQIA+ Pride Month in Virginia, in order to further educate the public about the LGBTQIA+ movement.
  • Coordinating with the Department of Small Business and Supplier Diversity to recognize LGBTQIA+ owned businesses and to ensure increased access to state-funded contracts.
  • Appointing an LGBTQIA+ liaison to gather recommendations to address barriers and challenges facing the LGBTQIA+ community and offer policy solutions.

Carroll Foy is not unfamiliar with making historic strides. She was one of the first women to graduate from Virginia Military Institute, and the first public defender ever to be elected to the Virginia General Assembly. And this year, she’s attempting to become the Commonwealth’s first female governor, and the first African-American woman to serve as governor in the United States. With this background, she’s aware that the values of all Virginians need to be reflected in order to lay a foundation for future progress.  

“We have work to do, because representation matters,” Carroll Foy said. “It shows that we’re able to bring a different lens, and our life experiences, to the bills and budgets that we create. That’s going to help the communities that have been the most harmed — and that’s what this is about. Virginians are looking for real change at this time, and change means a new leader with a clear vision and bold ideas on how to move Virginia forward.”

Photo via Jennifer Carroll Foy

The Million Dollar Question: An Exclusive Q&A With Jennifer Carroll Foy

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RVA Magazine spoke to state Senator and candidate for governor Jennifer Carroll Foy about career politicians, the relationship between police and the military, and making real progress in Virginia.

Last month, as the Virginia General Assembly debated a variety of police reform bills, RVA Magazine sat down with Jennifer Carroll Foy, a member of the House of Delegates, representing Virginia’s 2nd House of Delegates district in NoVA. A public defender and former magistrate, Carroll Foy was also one of the first women to graduate from Virginia Military Institute (VMI). Carroll Foy is a 2021 candidate for Governor of Virginia, and hopes to be the first Black woman elected governor in the United States. 

DD: Good afternoon, Delegate Carroll Foy, and thank you for sitting with us. You’ve been quoted saying, “The politics of the past are not the change we need, and the politicians of the past won’t save us.” Were you referring to your opponents in the 2021 gubernatorial race?

JCF: If we want real change, we need a new leader with a clear vision on how to move us forward. There are career politicians running in this gubernatorial race, and with this movement, people want change. [2021] will be a consequential election: trying to keep the majority, defeat this invisible enemy called COVID-19, and jump start our economy here in Virginia. It takes creative solutions, and the status quo isn’t working any longer.

DD: To voters who look at Terry McAuliffe and might imagine a potentially stabilizing force with the experience to help Virginia through a challenging time, what would you say?

JCF: Now’s the time for new leadership, because we’ve never had a governor who has governed during a racial reckoning such as the one we have now. No one has ever governed during a recession more akin to the Great Depression. No one has ever governed in addressing the global pandemic that we have currently. So experience matters — and you have to have the right type of experience. As a former foster mom, public defender, magistrate judge, community organizer, I am here for the people, and I’ve always been on the side of fighting for the people. Do you want someone who has real world experience and who’s in this for them, or someone who may be in this for themselves?

DD: Could you point to anything during McAuliffe’s governorship where you felt he was not on the right side of people’s interests?

JCF: The Mountain Valley Pipeline is something that should’ve never happened when we’re addressing climate change here in the Commonwealth. We’re talking about racial equity here in the Commonwealth, knowing that it was going to go through a historically Black community in Union Hill. There’s a number of things I can point to say, hey we can do better, right? 

Photo via Jennifer Carroll Foy/Facebook

DD: You mentioned “career politicians” earlier. Would you consider Senator [Jennifer] McClellan a career politician?

JCF: Yeah, she’s been in the General Assembly for almost two decades. [When I] say career politician, I mean people who are entrenched in politics. People are looking for a woman of the people, someone who understands a Virginian’s everyday struggle.

DD: Senator McClellan has supported progressive police reform bills during special session. For those on the left looking for legislative and policy contrasts between two gubernatorial candidates, how would you differentiate your record and platforms from McClellan’s?

JCF: While I’ve been in the General Assembly, I have been one of the most impactful and accomplished legislators, fighting for workers and women and families since day one. I’ve never taken a dime from Dominion, knowing they are a regulative monopoly here in Virginia. I’m for robust transformational policy, such as legalizing marijuana, reforming our criminal justice system. As the first public defender ever elected to the General Assembly, I have been championing cash bail reform and other policies to make our criminal justice system more fair and more equitable. Not because these are sexy, trending topics, but because I’ve always been in this fight, and I’ve kept all my promises made since I ran in 2017, whether it is cleaning up coal ash throughout Virginia [or] helping to expand Medicaid and give teacher salary increases.

DD: Increasingly, progressives are showing skepticism about the Virginia Democratic Party. Are you confident you can build a coalition to push through progressive policy?

JCF: Absolutely. I take it back to my training at Virginia Military Institute. Being one of the first women to ever graduate from one of the top military colleges in this country taught me how to work alongside any and everyone, because I am focused on the mission. 

If you are throwing around divisive rhetoric and are known for partisan politics, you won’t get anything done. How I’ve been able to be effective is leaning on that military training I’ve had and continuing, even in the majority, to reach across the aisle and pass a lot of my bills in a bipartisan fashion.

DD: Let’s talk a little bit about the military. 43 percent of the American military is made up of people of color. Many families of color see the military as their best hope for socioeconomic advancement. What are your thoughts on our American model, which leverages the promise of economic advancement to entice communities with fewer resources into the military and potentially into combat?

JCF: Going into the Armed Forces is an honorable task. Many people do it for many different reasons, whether it’s financial stability and security for themselves and their family. You go through a maturation process which I think is equivalent to nothing else, and it teaches life skills and politics. I think it teaches honor and integrity and public service in way that I don’t think you can get really anywhere else. I think it’s great and I would like to see more people, especially in this current climate, understand and acknowledge and respect the sacrifices that these individuals who enter the military are facing, especially with the recent attacks from Trump and some other cohorts, of questioning military leaders’ motives and calling people who are prisoners of war and died on the battlefield “losers” and things of that nature. This is a toxic climate right now, and I think we have to work vigorously to counter that with the truth. And the truth is the men and women in uniform are to be respected and honored above all else.

Carroll Foy during her time at VMI. Photo via Jennifer Carroll Foy/Facebook

DD: In my view, we have to differentiate between institutions and individuals. Observers have drawn direct links between US domestic policing and US international military actions, explicitly connecting regimes like Israel to US police training. Our government, via the CIA, also fought to uphold South African apartheid, by helping to criminalize and locate Nelson Mandela before his imprisonment. Given that you’ve participated in the US military establishment, do you have a critique of the US military’s connection to structures of inequality worldwide, and how it may also connect to our domestic policing issues?

JCF: I think that’s a really good question, and so to answer your question: have I really sat and thought about those connections? I haven’t. What I can say is that when you think of the military, you have to think of individuals who are taking orders. Right? We have a Commander-in-Chief you have to listen to, and so if a soldier is thinking about questioning or debating orders, you’re talking about people’s lives at risk. You’re talking about missions being compromised, and so the problem is when people who are nefarious use the military as an extension or arm or tool or weapon to strike against their enemies or people they don’t deem desirable.

DD: What about the mode of intervention of the US Military, where we essentially occupy sovereign countries and install governments via various modes of persuasion, violence, and politics — are you critical of that mode of operation?

JCF: Yes, so it’s a hard question to answer, and here’s why: when we insert ourselves into foreign countries’ policies and we bomb these countries or we do things that is to their detriment, then do I think we oftentimes have an obligation to assist and help in their recovery and to build them back up? Yes I do. 

I am not critical of the US military for taking orders, and doing something they’re required to do. I would be more critical of the legislators and the Commander-in-Chief who have ordered them to do so, and so it’s about questioning their motives and their logic for jeopardizing the lives of Americans, of citizens, of soldiers. So it depends on what country you’re talking about. It depends on why we’re there, how long we’re going to be there, why we’re occupying. That’s why it’s hard for me to give a specific answer because it’s just different, country by country, situation by situation. 

But for the most part, I understand what it means to be ordered to do something, and you have to obey that order. If we have an issue with it, then we need to take it up with the people who are making decisions and not the people who are executing and doing what they’ve been charged and sworn to do.

DD: Are you critical of our relationship with Israel?

JCF: So that is something that I have to say that I’ve been thinking about. I can follow up with you on that.

Carroll Foy and her son Alex at the General Assembly on the day Virginia ratified the Equal Rights Amendment. Photo via Jennifer Carroll Foy/Facebook

DD: Would you commit to completely ridding the Virginia State Police of its inventory of military equipment that was provided by the United States military?

JCF: There’s nothing that I can think of right now that I would have exception to, so I’m going to say yes.

DD: Do you support a complete banning of no-knock warrants in Virginia? 

JCF: Yes, I do support banning no-knock warrants here in Virginia.

DD: There’s a split among some of the leading activists: some believe that civilian review boards should be mandatory and legislated down in detail in the bill, and others believe they should be optional and that municipalities should each decide the way these boards look. Where do you stand? 

JCF: Yes, I initially favored mandating because I felt like that is the direction we need to go, and some communities or localities may be reluctant because this is change and change can be scary. 

However, I’ve been hearing from a lot of the same activists that you are referring to, and they’re talking to me about why they don’t want it mandatory and that they don’t want these localities feeling it’s being pushed upon them then it’s going to be a lot of hostility. I’m still debating how I’m gonna fall on that, but I can tell you initially I was definitely for mandating civilian review boards because I think that’s one of the only ways you’re definitely going to get it in the localities who, let’s be honest, need it the most.

DD: At the moment, we have a conservative Democratic establishment standing in the way of the most aggressive police reforms in Virginia. If you agree we need to move the needle as far as the priorities and agenda of the establishment, how would you do so?

JCF:  That has been the million-dollar question. Democrats aren’t monolithic; you have people who represent different areas. Sometimes we’re not able to be as bold and transformational as we want because we may be outnumbered by centrists or moderates, people who don’t believe in complete bold change. 

The way that you alter that is to continue to elect leaders who will be bold and transformational until they are the majority. Then you can push this type of legislation through. Until that happens, there will always be a wall there, or a siphoning off of bills or parts of a bill that we really need in order to make change. That’s what at the end of the day has to happen. 

DD: Do you have a message that you want to send to Ralph Northam, Terry McAuliffe, Dick Saslaw, Creigh Deeds, Scott Surovell — Democrats who have been active in diluting and stifling the more progressive versions of the bills?

JCF: I work with many of these people, and I’ve gone toe to toe with a lot of them on a lot of good bills. I just have to continue to advocate and lobby and hope they see the light. But I’m confident because I know Virginia is trending to be bluer, and there won’t be a place for people who want incremental change, or who want to teeter on the fence. I think the change we need is going to happen on its own, and I’m excited to be in the Governor’s seat to help lead that change.

Photo via Jennifer Carroll Foy/Facebook

DD:  The previous Commonwealth’s Attorney declined to bring charges in Marcus-David Peters’ case. Colette McEachin, the current Commonwealth’s Attorney, has said repeatedly that she’s looking at it. Richmond City Councilman Mike Jones has openly advocated for reopening that case. Do you have a position as to whether CA McEachin should reopen that case?

JCF: I do believe that the Commonwealth’s Attorney Office should reopen the case. It should be thoroughly investigated. He was having a mental health emergency, he was nude, there was no threat of harm or danger at that time — you can clearly see he didn’t have a weapon, given the fact that he had no clothes on.

Again, it goes to the lack of experience, the lack of training I believe these officers have, [the] crisis intervention training and de-escalation skills that they needed. They could have readily identified that this man is having a mental health emergency and called community services board and dispatched them out — come calm him down, and hopefully get him emergency custody orders so he can be treated. Oftentimes people are going undiagnosed, or they’re off their medications for whatever reason, and this is what happens. I have many clients like this, and I greatly empathize. I think the case should have another look at and should be thoroughly and independently investigated.

DD: What’s your position on marijuana legalization?

JCF: I support it so much that I am carrying the legalization of marijuana bill, even though some Republicans and Democrats have asked me not to. While I think that decriminalization will have a place in helping to reduce mass incarceration, it does absolutely nothing, according to a 2017 Virginia Crime Commission study, to address the racial disparities that Black and brown people suffer from our possession of marijuana laws. 

It’s time for Virginia to lead, and one of the things we can do is legalize the simple possession of marijuana for personal use. After that, we can tax and regulate it, and use that money for projects we haven’t had the revenue stream to be able to do.

I look forward to passing that bill next session. Statistics and polling show that the overwhelming majority of Virginians want the legalization of marijuana. It’s time for us to listen to the people we represent and get this done.

DD: Are you worried at all about the possibility of a third party on the left disrupting the Democratic gubernatorial race in 2021? 

JCF: It does not concern me. I’m not running against anyone else, I am running for the people of Virginia. At the end of the day, I know that I am the right leader for this moment, and that’s exactly why I’m running for Governor of Virginia.

DD: Are you confident your leadership is best positioned within the Democratic Party structure?

JCF: I’m a tried and true Democrat. People call me progressive, and that’s fine. I’m a strong Christian and I adhere to my Christian principles of housing the homeless and feeding the hungry and helping to make sure that everyone can work one job, put food on the table, have access to healthcare, and go to safe school. If that’s progressive, that’s great, but it’s just who I was raised to be.

Top Photo via Jennifer Carroll Foy/Facebook

Jennifer Carroll Foy Wants to be Virginia’s First Female Governor

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Delegate Jennifer Carroll Foy has been working for change since childhood. Now in her run to become Virginia’s next Governor, she’s fighting for affordable healthcare, living wages, social equity, environmental issues, and more. 

Delegate Jennifer Carroll Foy knew she wanted to play a part in social change since high school. Now this candidate for Virginia Governor and chief sponsor of the Equal Rights Amendment is ramping up her campaign, despite the challenges this year has brought. Even in the middle of a pandemic, election season doesn’t wait for anything; and although the coronavirus has put a damper on just about everything in life, the run for electing the next Governor is on. 

As delegate for the state’s second district, which includes Prince William and Stafford County, Carroll Foy says she’s running for governor because Virginians can’t wait for change any longer — and describes what it’s like running her campaign during a global pandemic. 

“I keep hearing the same type of stories,” Carroll Foy explains. “A woman has to travel fourteen miles to take her daughter to the local McDonald’s so she can do her homework. They don’t have access to the internet. [Then] I went to Portsmouth, and I shook the hands of men and women who work 40 hours a week and bring home $14,000 a year. So while some people are doing well in Virginia, not everyone is having the same opportunity to reach the middle class and thrive.”

PHOTO: Virginia Democrats Swearing In, via Del. Jennifer Carroll Foy

Carroll Foy started her years in public service when she joined the Junior Reserve Officers’ Training Corps (JROTC) in high school. After the Supreme Court’s landmark decision to allow women to attend Virginia Military Institute (VMI), she knew she had to attend. Carroll Foy became one of the first women of color to graduate from the state military school. She then pursued a Master’s degree, and later earned a law degree from the Thomas Jefferson School of Law (TJSL). She’s been serving her community ever since.

“I have seen the historic inequalities — in our educational system, our healthcare system, our environment, our economy — up close and personal,” Carroll Foy said. “I’ve experienced many of them myself. So as a working mom of two two-year-olds, working two jobs while paying a second mortgage every month [in childcare costs], and struggling with student loan debt, I can identify and understand the everyday challenges that Virginia families face. I live with them, too.”

Since 2017, Carroll Foy has committed her time to service in the Virginia House of Delegates. Along with sponsoring the Equal Rights Amendment, she has fought to expand Medicaid to 400,000 Virginians while helping with the unemployment process. She’s worked to ensure small businesses are tended to, and that kids still have access to school lunches during COVID-19. But unlike other seasons, this election season has proved to be a challenge, and no candidate is untouched by the coronavirus crisis.

PHOTO: Jennifer Carroll Foy

“My challenges I’ve faced thus far, and in this election, have been the same challenges that my companions are facing. In 2020 and 2021, it’s a fact that we’re running during a pandemic, something that none of us have seen in our lifetimes,” she said. “Then we have the civil unrest and racial reckoning happening right now, and [I’m] trying to lead in that area; pass policies that address police reform and criminal justice reform, while also dismantling a lot of systems that need to be up-ended and rooted in equity. One of the things that VMI taught me was to never get distracted about what’s going on. I’ve been able to do that, because I am not running against anyone in this race for Governor — I’m running for the people of Virginia.” 

In her time as a public defender for the state of Virginia, Carroll Foy has fought for and accomplished many acts of service. She recalls one of her proudest achievements during her time as a delegate, and describes the hard fight it took to accomplish. 

“One of my proudest moments [was] passing the Equal Rights Amendment. I remember fishing the idea to other legislators, that we need to make women’s equality the number one issue in Virginia, and I was told no,” Carroll Foy said. “That was a dead issue that no one was talking about. Luckily, there are advocates like Eileen Davis, who helped galvanize the VA Ratify ERA, [an organization] which houses advocates throughout the Commonwealth and the country to energize voters on this issue, such as Delta Sigma Theta Sorority Incorporated. That became one of the top issues on voters’ minds going into the voting booth in 2019.”

PHOTO: Jennifer Carroll Foy

After bringing to light issues of equality for women, Carroll Foy wants to bring internet access to rural Southwest Virginia and help families get out of the lower class. She’s completely focused on her goal, and says she has always been ready to fight for Virginians and their families.

“I am honored to be in a position to change the face of leadership in Virginia,” Carroll Foy said. “I am also focused on ensuring I bring diverse, high paying jobs to every corner of the Commonwealth.”

She plans to fully fund the education system to prepare Virginia’s children with a world-class education. She also plans to expand infrastructure — such as broadband internet access — to every corner of the state to “finally end the digital divide.” 

“As Governor, I will be able to help lead those changes,” Carroll Foy said, “and set the direction for who we are as Virginians and what we stand for.”

Top Photo via Jennifer Carroll Foy

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.