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Head of Right Wing Group That Spent Millions on Gorsuch Mocked for Fury Over LGBTQ Rights Opinion

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Supreme Court Justice Neil Gorsuch, a Trump appointee, wrote the majority opinion protecting LGBTQ rights in the workplace, and the head of a right-wing group that fought to have him appointed is very very angry.

The head of a far right wing activist group is furious conservative Justice Neil Gorsuch wrote Monday’s majority Supreme Court opinion that finds discriminating against LGBTQ workers is illegal.

Judicial Crisis Network, a “powerful dark money group pushing [the] court to right,” ran a $10 million campaign in 2017 to force Gorsuch onto the bench. He is President Donald Trump’s first Supreme Court nominee. The group also spent $1 million to block President Barack Obama from putting Merrick Garland on the bench.

In a series of tweets, Carrie Severino blasted Justice Gorsuch and the five others who sided with his opinion. She even claims they are merely trying to appeal to college students by finding that Title VII of the Civil Rights Act of 1964 protects LGBTQ workers from discrimination.

Gorsuch, a textualist who replaced Justice Antonin Scalia on the bench, decided that as written, the actual words of the Civil Rights Act make clear that discriminating on the basis of sex is illegal.

Severino, who also happens to be married to Roger Severino, a far right wing religious activist who heads the Dept. of Health and Human Services Office of Civil Rights under Trump, is furious.

President Trump and his administration oppose rights for LGBTQ workers and actively lobbied to have the Court rule discrimination is legal.

On social media many – including some conservatives – are mocking her.

Written by David Badash, The New Civil Rights Movement. Photo via NCRM

Virginia LGBTQ Advocates Hoping For Big Gains in General Assembly This Year

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For the first time in over a generation, Democrats control both houses of the General Assembly, and advocates are working to ensure that this has positive results for Virginia’s LGBTQ community.

It hasn’t been all that many years since the dawn of a new General Assembly session meant just as many proposed bills designed to diminish LGBTQ rights and further discrimination against us as bills designed to improve the lives of LGBTQ Virginians. That’s changed in recent years, notably with the ending of Bob Marshall’s term in the House Of Delegates, but continued Republican control of both houses of the General Assembly meant that the many pro-LGBTQ bills that were proposed never made it out of committee.

This week, everything changes. The Democrats are in control not only of the Governor’s Office but both houses of the General Assembly. This is the first time that’s been true since 1993, before many of our readers were born, and it has the potential to make a lot of improvements in the civil rights and legal status of LGBTQ Virginians.

State Senator Jennifer McClellan agrees, and called the Democratic electoral victory a “huge deal” in a recent conversation with Virginia Mercury. McClellan has sponsored SB 66, which would amend the Virginia Fair Housing Deal make it illegal for landlords to refuse to rent to someone on the basis of their sexual orientation or gender identity.

“I think that is an area where we would have been able to make some progress had it not been for Republicans in the House who wouldn’t even hear legislation,” McClellan told Virginia Mercury.

Indeed, many of these measures passed in the state Senate in previous sessions, even when it was under Republican control. However, Republican leadership in the House Of Delegates often refused to even hear discussion of pro-LGBTQ bills, either in committees or full sessions of the House. Now, with Democrats in the driver’s seat, LGBTQ advocates see hope on the horizon.

James Parrish. Photo courtesy Equality Virginia.

“There is an opportunity to pass legislation that supports Virginia’s LGBTQ community more broadly than just nondiscrimination protection,” James Parrish told the Virginia Mercury. Parrish, until recently the executive director of Equality Virginia, stepped down on January 1 in order to lead the Virginia Values Coalition, a newly formed pro-LGBTQ advocacy organization bringing together groups like Virginia’s ACLU, Human Rights Campaign, and the National Center for Transgender Equality under a single banner.

Indeed, many issues are on the table for this upcoming session. Currently, only employees for the government and state contractors are protected from firing based on sexual orientation or gender identity — and those employees are only protected in a temporary fashion. One of Ralph Northam’s first acts as governor was to sign an executive order replicating one previously signed by Terry McAuliffe during his gubernatorial administration, protecting LGBTQ state employees from firing. However, if a less LGBTQ-friendly governor were elected in 2021 and decided not to sign a similar executive order, that protection would disappear.

The new Democratic leadership of the General Assembly are certainly in a position to create a more permanent law protecting public employees against discrimination; indeed, SB 159, introduced by Senator Jennifer Boysko, does exactly that. But advocates see an opportunity to protect more than public employees; Parrish told the Virginia Mercury that advocates are hoping for the passage of a bill that protects all LGBTQ employees, public and private. “We anticipate getting a lot of corporate support for it,” Parrish told the Mercury.

SB 23, introduced by Senator Adam Ebbin, would enact exactly this sort of employment protection. Ebbin, one of five LGBTQ members of the General Assembly, says that a positive change like this has been a long time coming.

“It’s a big deal to know that you can’t just be swept aside as a second-class citizen,” he told the Virginia Mercury. “And it’ll matter. There’s a lot of people older than me who thought this kind of environment would never come.”

Senator Adam Ebbin. Photo By EbbinForVirginia, CC BY-SA 4.0, via Wikimedia

Another big push from advocates is to ban conversion therapy in Virginia. While the Virginia Board of Psychology and multiple other state agencies within the Department of Health Professions have released guidance stating that conversion therapy is considered a violation of standard practice, it is still technically legal within the state. Both Richmond and Virginia Beach’s City Councils have passed resolutions asking the General Assembly to ban the practice, and Senator Scott Surovell, who has been attempting to pass a ban for multiple previous sessions, has introduced SB 245 in hopes of doing exactly that. A similar bill in the House Of Delegates, HB 386, has been proposed by Delegate Patrick Hope.

There are other issues on the table as well; bills in both the House and Senate would require the Department of Education to create a statewide policy determining how Virginia’s schools would interact with transgender students. Both bills mandate “a safe and supportive learning environment free from discrimination and harassment for all students.” Bills introduced in the House and Senate also add sexual orientation and gender identity, as well as disability, to the list of classes protected by hate crime legislation.

Multiple bills and resolutions in the Senate attempt to remove the Marshall-Newman Amendment, the 2006 amendment to Virginia’s Constitution defining marriage as between one man and one woman, from the constitution. While this may seem strictly symbolic now, the Supreme Court’s more conservative shift in recent years, with the addition of Neil Gorsuch and Brett Kavanaugh, leave some concerned that federal protections for marriage equality, currently protected only by Supreme Court precedent, may be challenged in the near future.

If the Supreme Court overruled its previous decision in the 2015 Obergefell v. Hodges case, Virginia’s Constitution might once again become the top legal authority on marriage within the Commonwealth. If the Marshall-Newman Amendment remained on the books in such an event, all same-sex marriages within Virginia would immediately lose government recognition. This isn’t an outcome anyone wants, and therefore the passage of bills like Senator John Edwards’ SB 39, which repeals the Marshall-Newman Amendment, are more important than some might think at first.

While not all of the pro-LGBTQ bills currently facing the General Assembly will necessarily pass, it seems likely that the overall legal picture for LGBTQ Virginians will be considerably brighter by the end of the 2020 General Assembly session. And that’s a wonderful thing.

“We’ve come forward. We’re not going back,” Ebbin told the Virginia Mercury. “And I think there’s momentum to bring us to where we should and need to be.”

Top Photo By Varmin, CC BY-SA 3.0, via Wikimedia

You’ll Never Know If You Don’t Ask

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Equality Virginia’s new “Ask A Trans Person” panel series seeks to raise trans visibility and highlight transgender Virginians’ need for civil rights protections.

87 percent of Americans say they know a gay person, but only 16 percent report knowing a a trans person, according to GLAAD. For this reason, it can be harder for a lot of people to understand the pressing need for protections against discrimination felt by Virginia’s transgender citizens.

With their “Ask A Trans Person” panel series, Equality Virginia hopes to change that. The first of these panels will take place at the Chesterfield Library on Tuesday, November 12, and with it, Equality Virginia hopes to put a human face on the lives and problems of transgender people for Virginians who currently have no context for such things.

The event is being billed as “a safe space to ask questions and engage in respectful dialogue with fellow community members,” and the panel will feature Thalia Hernandez, Equality Virginia’s transgender program coordinator, and Keri Abrams of the Equality Virginia Transgender Advocacy Speakers Bureau, as well as other members of the Transgender Advocacy Speakers Bureau.

This might seem like a pretty small step in attempting to put across the essential humanity of transgender people, but I can tell you from personal experience that it makes a difference. As I began my own transition, I was working in retail, and had a variety of conversations with coworkers about issues I faced as a trans woman. While some never seemed to understand, I ended up finding several unlikely allies who, once they considered my situation, realized that transgender people like me deserved better than the treatment we all-too-frequently receive at the hands of government agencies.

With a new Democratic majority in both houses of the General Assembly, we finally have the chance to see real change in the status of LGBTQ protections here in Virginia. A big part of making sure that happens will be dialogue with people who don’t currently understand where our community is coming from. Equality Virginia’s “Ask A Trans Person” panels are a good opportunity to get that conversation started.

Whether you’re a curious newcomer to trans issues, a supportive ally, or a member of the transgender community yourself, your attendance at Equality Virginia’s “Ask A Trans Person” panel is a good way to increase understanding and make a difference. The event will take place starting at 6:30 PM on Tuesday, November 12 at Chesterfield County’s Central Library, located at 7051 Lucy Corr Blvd in Chesterfield. It is free and open to the public, but registration is required. Register at bit.ly/TransPanelChesterfield.

Opinion: We Have A Blue Virginia. What Will We Do With It?

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GayRVA Editor-In-Chief Marilyn Drew Necci has an extensive wish list for our new Democratic General Assembly, one that starts with LGBTQ civil rights and goes a lot farther from there.

Well, it’s finally happened — no matter how your mom or your Trump-loving former high school classmates feel about it, Virginia has become a blue state. Our governor is a Democrat, our Congressional representatives are mostly Democrats, and on Tuesday, we voted to give Democrats control of both houses of the Virginia General Assembly. This might change at some point in the future, but at least for the next two years, Democrats are in the driver’s seat when it comes to making the laws in Virginia.

Tuesday brought us all sorts of progressive election results. All five of Virginia’s LGBTQ representatives in the General Assembly were re-elected, which makes Danica Roem, as of two years ago the first transgender person elected to statewide office, now the first transgender person to be RE-elected to statewide office. Her fellow Delegate Dawn Adams also became the first lesbian to be re-elected in the General Assembly.

Farther down the ballot, openly LGBTQ candidate Karl Frisch won a seat on the Fairfax County School Board, defeating an opponent who used anti-LGBTQ rhetoric throughout the campaigning process. In Virginia Beach, former Hampton Roads Pride President Michael Berlucchi was elected to the vacant City Council seat he’d previously been appointed to last May.

Meanwhile, in the West End, Ghazala Hashmi defeated Glen Sturtevant and his “Save Our Neighborhood Schools” campaign to become the first Muslim woman to serve on Virginia’s state Senate. Hashmi is one of two new female state Senators, who along with four new female Delegates pushes the total of female General Assembly members to 41 out of 140 — the highest it’s ever been.

In the House Of Delegates, four new African American delegates, only one of whom is succeeding a previous African American representative, swelled the membership of the Virginia Legislative Black Caucus to 23. Of the four Democrats who have already announced their candidacy for the next session’s Speaker of the Virginia House of Delegates, only one is a white man, while two are black and two are women. Since the position has only ever been held by white men, there will likely be more history made when the coming session’s Speaker of the House is sworn in.

It’s easy to get bogged down in the horse race when discussing elections like these, especially when they go your way. But of course, getting representation is only half the battle. What must come next is major progress on a variety of issues that affect LGBTQ Virginians and other underrepresented minorities in our state.

For years, Equality Virginia has been pushing the General Assembly to pass a variety of much-needed LGBTQ civil rights bills, and the Republican leadership in the House Of Delegates has consistently stood in the way. Here’s a list of reforms attempted in past years, some of which passed in the Senate, none of which were ever allowed to reach a floor vote in the House Of Delegates:

  • Adding sexual orientation and gender identity to the list of protected classes covered by hate crime laws
  • Prohibiting discrimination on the basis of sexual orientation and gender identity in employment (currently public employees enjoy this protection, but employees of private businesses do not)
  • Prohibiting discrimination on the basis of sexual orientation and gender identity in housing
  • Modernization of the process through which transgender people can change the gender markers on legal documents including birth certificates
  • Prohibiting health care companies from withholding trans-related health care from their transgender clients
  • Removing the Marshall-Newman amendment to the Virginia State Constitution, added in 2006, that defines marriage within Virginia as solely between one man and one woman (this may not seem important now, but with Kavanaugh on the Supreme Court, one legal decision on SCOTUS’ part could easily make it all too relevant again)

Two years ago, I wrote an admittedly fiery editorial in which I blamed the entire situation on gerrymandering that prevented the will of a majority of Virginians from being reflected in our state’s legislature. I was angry at the time, but based on what’s happened in the two years since that editorial, it seems I was also right — court decisions over the course of 2018 and 2019 paved the way for a redrawn district map that commentators widely agree was crucial in bringing Democrats back to legislative power.

Now that the changes have been made and the votes have been counted, it’s time for our legislature to bring more good news to Virginia’s LGBTQ community. As Equality Virginia’s Executive Director, James Parrish, stated in response to the Democrats’ electoral victory, “Virginia’s voters were loud and clear and elected a pro-equality majority in the House and Senate. We look forward to working with the 2020 General Assembly to pass nondiscrimination protections for LGBT Virginians in employment, housing, and public spaces like stores or restaurants.” In that sentiment, Parrish speaks for us here at GayRVA as well.

Newly re-elected Delegate Danica Roem, for one, stands ready to make sure that these protections come to Virginia at long last. “We have a mandate from the people to pass nondiscrimination (bills) that are comprehensive and inclusive of all our LGBTQ constituents,” Roem told the Washington Blade. “We will be getting that done.”

But there are a good many more progressive issues that we’d all like to see taken up by our new Democratic legislative majority. Governor Northam brought up several of them in a post-election cabinet meeting on Wednesday. He began with guns, a hot-button topic that has had particular relevance in Virginia over the past year due to the Virginia Beach municipal building shooting and the still-lingering fallout of Unite The Right in Charlottesville. The Republican-controlled General Assembly closed a special session called for by Northam this summer to focus on gun legislation after 90 minutes, infuriating many Virginians who want to see action taken on the issue of gun violence.

During the cabinet meeting yesterday, Northam listed a number of legislative items he’d like to see passed in the General Assembly this year. Among them were universal background checks for gun buyers, reinstating the one-handgun-a-month rule, requiring reporting of lost or stolen guns within 24 hours of their disappearance, and a ban on weapons with high-capacity magazines and bump stocks. “They’re pieces of legislation that will save lives, they’re also pieces of legislation that Virginians agree with,” Northam said, according to the Virginia Mercury. “We’ll at least start with those.”

Northam also said that he wanted to give local governments the chance to decide what to do with their Confederate monuments, an issue with relevance in Richmond (the statues on Monument Avenue are currently under state control) as well as Charlottesville and Norfolk. Northam also stated that he wants to increase Virginia’s minimum wage, and work to decriminalize marijuana.

Here at GayRVA (and RVA Magazine), we’d love to see all of those things happen. Indeed, to truly fulfill the promise our newly Democratic state legislature brings to us, these things need to happen. For Virginia’s LGBTQ population and for many other marginalized communities, they will make a significant difference to our quality of life here in the Commonwealth. Let’s get it done.

Top Photo via VCU-CNS

Candidate Debates Spotlight Closely Contested General Assembly Races

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With control of the General Assembly at stake, Republican incumbents Kirk Cox and Glen Sturtevant faced their Democratic challengers, Ghazala Hashmi and Sheila Bynum-Coleman, in contentious debates last week.

Republican incumbents fighting to keep seats in the 10th Senate and 66th House Districts debated Democratic challengers Wednesday night. Del. Kirk Cox, R-Colonial Heights, elected to the district in 1989, faced opponent Sheila Bynum-Coleman. Sen. Glen Sturtevant, R-Richmond, in his first Senate re-election campaign, debated challenger Ghazala Hashmi. 

A crowd of around 100 people filled Studio A of Virginia’s home for Public Media, and more tuned in to hear the debate live on-air. The candidates answered questions submitted by the audience in addition to ones written by hosts ChamberRVA and VPM.

Cox, who was elected unanimously as Speaker of the House in 2018, and Bynum-Coleman, now in her fourth political bid for a House district win, fielded questions on a variety of issues including budget priorities, housing, health care, gun control, climate change, and civil rights.

Bynum-Coleman, a small business owner, said she was inspired to run for office by her son, who has a learning disability. 

Bynum-Coleman and Cox agreed that education is a top legislative priority. Bynum-Coleman seeks to increase teacher pay as well as funding for schools and trade programs.

Cox, a retired teacher, also wants to raise teacher salaries to the national average. He added that he would focus on building the state’s cash reserve — currently over $1 billion — in the 2020 budget session.

“We have worked extremely hard to build that reserve against the recession,” Cox said. “I would like to build that reserve further.”

Del. Kirk Cox, R-Colonial Heights, moderator Craig Carper, and Democrat Sheila Bynum-Coleman at the candidate forum on Wednesday. Photo via CNS

Both candidates agreed that Virginia should remain ranked No. 1 for business, but Bynum-Coleman emphasized that the state should focus on workers. 

“I’m a small business owner, and we also have to make sure that Virginia is No. 1 for workers,” Bynum-Coleman said. “We’re talking about corporations versus people.”

Both candidates voiced support for LGBTQ non-discrimination protections. Cox said “discrimination should be against the law,” even though bills such as HB 2067 and HB 2677 to end anti-LGBTQ discrimination in work and housing did not make it past Republican-led House sub-committees in the regular legislative session. Cox said that state employment decisions should be merit-based. 

On the same issue, Bynum-Coleman said legislators should put measures in place so no one is discriminated against based on gender or sexual orientation.

Candidates were asked if they believe in climate change. Cox did not directly respond yes or no, but did say the state needs to be smart about alternative sources, that he has worked very hard on clean water and coastal flooding issues and that he’s against taxpayers absorbing costly energy tax policies.

Bynum-Coleman said she believes in climate change and wants the state to go beyond federal government requirements to ensure clean water and clean air. She talked multiple times about “stopping the chemicals that are going into our water.”

In response to defining common-sense gun legislation and gun regulation, Cox recognized that gun violence is a “serious problem” but sidestepped a direct answer to the question on restrictions. He pointed to the “constitutional rights of law-abiding citizens” and that Virginia has a lower crime rate than states with “more aggressive measures” for gun control.

Bynum-Coleman, whose daughter was shot in 2016, “wholeheartedly” wants universal background checks, which she said has support across the political spectrum and even among “a group of National Rifle Association members.” She also said she wants to ban bump stocks.

About two-thirds of the crowd remained for the second debate between Sturtevant and Hashmi. Sturtevant began by stating that his main priority is “continuing to be an independent voice for this district.” Sturtevant referenced a $25,000 donation that Gov. Ralph Northam made to Hashmi’s campaign via The Way Ahead PAC, saying that the donation “bought her silence” during the governor’s blackface scandal earlier this year.

“Governor Northam is not on the ballot in November 2019,” Hashmi said. “If we’re going to make decisions on who is right for this district, about who is right for Virginia, we need to be focusing on the issues that concern the voters in this district.”

Sen. Glen Sturtevant, R- Richmond, moderator Craig Carper, and Democrat Ghazala Hashmi at the candidate forum on Wednesday. Photo via CNS

Hashmi and Sturtevant had different views on whether Richmond’s Confederate statues should remain in place along Monument Avenue. Sturtevant supports leaving the monuments but adding historical context.

“I don’t think that just tearing down statues is the right way forward,” Sturtevant said. “Future generations will forget what was done here — and why — and America’s original sin of slavery.”

Hashmi, a professor at Reynolds Community College, countered his point by saying she teaches history through facts, but she doesn’t “teach history through Confederate monuments.” 

“What kind of a message do we send to visitors to our city when we have edifices that glorify a Confederate past?” Hashmi said. 

The Senate candidates differed on Medicaid and gun control, but both acknowledge climate change.

“I actually don’t believe in climate change … I believe in climate crisis,” Hashmi said. Sturtevant said he also believes in climate change, but said that there is no need to “destroy Virginia’s economy” while addressing climate change.

Sturtevant cited taxes as a reason he was opposed to Medicaid expansion, but he does not support rolling it back. Hashmi said expanding access to Medicaid is “an important first step” on lowering the costs of health care and wants to ensure access to health care “for all Virginians.”

Sturtevant said gun control is a mental health issue. Hashmi wants common sense gun safety and action in the General Assembly

The 66th District was one of 25 House districts redrawn earlier this year after the U.S. Supreme Court upheld a lower court’s ruling that the previous map was racially gerrymandered. Chesterfield County voters account for 78 percent of the district, which also includes the cities of Colonial Heights and Richmond. The 66th District is projected to be 32 percent more favorable to Democrats than in the past, according to the Virginia Public Access Project.

Republicans have held the 10th District — which voted for Democrats in the 2018, 2017, and 2016 elections — since a special election in 1986 — 33 years. Chesterfield and Richmond voters make up the bulk of the district, in addition to Powhatan County.

Cox has accrued the largest war chest of all House candidates, raising over $1.1 million. Bynum-Coleman has raised $470,308 in the same period.

Sturtevant has outraised Hashmi, $759,637 to $607,821, according to VPAP data from the end of August. New campaign totals will be released Oct. 15.

ChamberRVA and VPM will again partner for a 12th Senate District debate Oct. 18 at the VPM studio. Incumbent Sen. Siobhan Dunnavant, R-Henrico squares off against challenger Del. Debra Rodman, D-Henrico.

Written by Jason Boleman, Capital News Service. Top Photo: Supporters meet with Del. Kirk Cox, R-Colonial Heights, and Democrat Sheila Bynum-Coleman after the candidate forum on Wednesday, via CNS

Op-Ed: Gay Men Have a Stake In the Abortion Debate — The Women Who Have Always Supported Us

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Behind every gay man, there is a great woman — or, more accurately, great women. Joe Biden said of Will and Grace that the show “did more to educate the American public than almost anybody’s ever done so far.” And he was absolutely right. The sitcom was indeed groundbreaking, because it normalized gay people to American audiences.

Yet, perhaps just as important was how it portrayed the relationships between gay men and their straight female friends. Did Will and Grace slip into low-hanging fruit territory? Of course it did. But beyond tropes and cliches, at its core, it was a decisive and reverent portrayal of the bonds between gay men and straight women. For Will, Grace offered a brand of supportive love that is so familiar to gay men everywhere. The most unconditional, non-judgmental kind of love. A love rooted in compassion and commiseration.

As Pride Month begins, I am reminded of all of the ways straight female allies have supported me throughout my life, and how straight women have fought shoulder to shoulder with the LGBTQ community from the very beginning. They have no skin in the game. No horse in the race. They stood with us out of pure conviction.

So as we celebrate Pride and the legacies of the activists that have stood up for LGBTQ rights, we must remember the role that was played by our straight female allies. As we watch state after state pass legislation that blocks access to reproductive healthcare, we have a moral obligation to sound the alarm, to galvanize, and to fight. We must stand with them as they have always stood with us.

While gay men will never need an abortion, women have everything to lose if Roe is overturned. Their fight is beyond the right to choose — it is a fight for dignity and equality. And that is precisely why I am committed to protecting access to safe and legal abortions. Advocating for women’s reproductive healthcare is a moral imperative for anyone who has ever experienced inequality. The lesson my community should take away from the advocacy of straight women is that we are all in this together. As Martin Luther King Jr said, “Injustice anywhere is a threat to justice everywhere.”

To the women in my life, the women of my state and of my country: I stand with you. You are not in this alone. You have always been there for us, and we are here for you now.

Note: Op-Eds are contributions from guest writers and do not reflect GayRVA editorial policy.

Photo courtesy Zachary For Virginia