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Virginia National Guard States Intent To Comply With Trans Military Ban

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Virginia’s National Guard not only said they’d enforce the trans military ban in the Commonwealth, but also backed the deceptive anti-LGBTQ reasoning for the ban given by the Trump administration.

On Tuesday, Major General Timothy P. Williams, the Adjutant General of Virginia’s National Guard, told ThinkProgress that the Virginia National Guard would comply with the transgender military ban instituted by the Trump administration earlier this year. This decision might seem unsurprising, but with five different states so far — California, Washington, Oregon, New Mexico, and Nevada — publicly announcing that their state National Guards would not comply with the ban, it was a question that needed to be asked.

What is more important is the way the answer to ThinkProgress’s question was phrased by Major General Williams. “The new DOD policy doesn’t ban transgender individuals from service, and transgender members may continue to serve,” Williams wrote. “The DOD policy states that anyone who meets military standards without special accomodations can and should be able to serve, and this includes transgender persons.”

So what does this statement actually mean? To understand its doublespeak nature, one must fully understand the phrase “without special accomodations.” In April, when the ban was officially instituted, Pentagon spokesperson Lt. Col. Carla Gleason told The Washington Blade that currently-serving transgender members of the military will not be discharged, saying, “Transgender members currently serving will be able to continue serving so we do not anticipate any discharges.”

However, according to the Blade, the policy does state that service members who have been diagnosed with gender dysphoria or prescribed transition-related care in the future will be discharged. It also, according to the Blade, refuses enlistment for any individual with a history of gender dysphoria, unless they are willing to serve in the sex they were assigned at birth. People who have already transitioned are banned outright.

Clearly, the statement that transgender persons can still serve is deceptive. Major General Williams’s phrase, “special accomodations,” encompasses everything from future surgery to hormone replacement therapy to psychological treatment, as well as many other aspects of the transgender experience. Saying that transgender people aren’t banned from military service because they do have the right to serve in the sex they were assigned at birth is no different from anti-marriage equality activists in years past telling us that gay people aren’t prohibited from getting married on the basis that a gay man can marry a woman anytime he wishes. It’s technically true, but it’s a statement made in bad faith by someone who’s actively trying to miss the point.

On the same day that Williams confirmed Virginia’s intent to comply with the trans military ban, the Fairfax County Democratic Committee released a statement calling on Governor Northam to intervene and allow transgender troops to serve in Virginia’s National Guard. “A 2016 study by the RAND Corporation found that allowing transgender Americans to serve openly in the Armed Forces would ‘have minimal impact on readiness and health care costs’ and ‘little or no impact on unit cohesion, operational effectiveness or readiness’,” they stated, also mentioning that thousands of transgender troops currently serve in the US Armed Forces without negative impact on the military as a whole, and that everyone from the American Medical Association to the five military Chiefs Of Staff in the president’s cabinet oppose the ban.

Governor Northam has in the past voiced his opposition to the trans military ban via Twitter, tweeting in response to President Trump, “Anyone who wants to serve our country in the military should be welcomed. They’re patriots and should be treated as such.” However, he has not yet responded to requests for comment on the Virginia National Guard’s decision. And in the meantime, transgender Virginians hoping to serve in their country’s military meet with yet another roadblock.

Image via Virginia National Guard/Facebook

Op-Ed: The “Inconclusive” Northam Yearbook Report Is No Surprise

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This report was commissioned by Northam’s alma mater, not the state of Virginia, and we shouldn’t be surprised when it serves its client’s aims, writes Rich Meagher.

Eastern Virginia Medical School (EVMS), Ralph Northam’s alma mater, was not able to figure out if Governor Ralph Northam wore blackface in an old yearbook photo. That’s the conclusion of a report the school commissioned, which was released on Wednesday.

No one should be surprised about this result, for two big reasons.

First of all, that’s just how these things go. When educational institutions like EVMS go wrong, they want an “investigation” to dig into their history, but not TOO deep. They are trying to close the door on the past without getting anyone important fired. We can best see this with the recent travesties concerning sexual assault and abuse: Penn State and child rapist Jerry Sandusky; Baylor University and their football team’s history of sexual assault; and Michigan State’s gymnastics program. The goal of any of these investigations, past and present, is not so much to find out the truth as it is to preserve the reputation of the university.

If anyone wants to criticize the Northam investigators from law firm McGuire Woods, they should focus on that mandate, and not any motivations due to Democratic partisanship. Yes, I’ve seen a few people note that McGuire Woods has given Northam’s thousands in campaign cash, and even hosted a fundraiser for him as recently as December.

But the head investigator for McGuire Woods, former Virginia Attorney General Richard Cullen, supported Ed Gillespie in the last election, not Northam. The law firm’s partisan leanings are less important than the medical school’s; the current and former President are also Northam donors. And both of these men knew about the racist photo on Northam’s yearbook page. Both kept quiet, they say, to avoid any appearance of trying to “influence” Northam.

The bottom line: this report was commissioned by the medical school, not by Northam, and definitely not by Virginia citizens. So it should be no surprise that it ends up serving the needs of its clients, not the truth.

Still, we shouldn’t drag EVMS and McGuire Woods too much, because proving Northam’s guilt or innocence one way or another would always be a daunting task. And that’s the other big reason the investigation’s lack of a conclusion is not a surprise: we would need someone to show way more courage than we can reasonably expect.

If Northam is NOT in the photo, we would need someone — probably a respected and successful doctor at this point — to admit they were in the photo instead. And as much as honesty is the best policy, most doctors I know would have a hard time jeopardizing their lucrative medical practice or prestigious hospital position, not to mention public reputation, by explaining how they used to dress up in Klan robes or blackface.

If Northam IS in the photo, we would need someone, possibly a longstanding friend, to throw his pal under the bus, AND probably implicate themselves as well. “Sure, Ralph and I are in the photo together; my mom was real progressive, taught me how to sew, so I made my own hood.” Not likely.

So we get somewhat of a nothingburger of a report. This leaves Virginians exactly where they were before: every one of us has to decide who and what they believe.

If you believe Northam, he panicked when he first saw the photo and rushed to “take responsibility.” He quickly realized that it wasn’t him in the photo and backed off his earlier claims. He was never in the photo, and never really said he was.

The report actually does a nice job of explaining how this kind of response might have developed in the chaos following the photo’s reveal in February. It contains interviews with both Northam and his chief of staff, and they reveal a not-terribly sophisticated pol letting events get the better of him. There have been worse instances – President Bush reading about goats while thousands were being murdered comes to mind – so this scenario isn’t that hard to believe.

But you do NOT have to believe it. A competing story recognizes that Northam did not immediately deny he was in the photo, suggesting it was at least a possibility. Once he figured out that no one could PROVE it was him, he started lying. Maybe Northam is more sophisticated of a pol than he lets on; he’s still in office, isn’t he? And the report only contains interviews by the Governor and his chief of staff, so why wouldn’t it show us a poor, overwhelmed Ralph?

In the end, the opinions of smallfolk like you or I do not really matter; we don’t get a vote on Northam anymore.

He is term-limited by Virginia law, with no real institutional mechanism to remove him. The opinions that matter are those of Democrats across the state with the title “Delegate” or “State Senator,” or those candidates who want one of those titles. With primaries next month and the fall elections looming, what do they do? Continue to reject the Governor, or embrace him? Most are still trying to figure it out, but they are running out of time.

No matter what this investigation tells us, Governor Northam remains Governor Northam. We’d all better get used to that fact.

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

Virginia Takes Steps to Keep Prescription Prices Down

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Virginia has become the first state to ensure that patients will be the ones to see benefit from prescription drug coupons — not their insurance companies.

Last month, Virginia Governor Ralph Northam signed two bills that will require health insurers to count drug and medicine coupons toward a patient’s deductible.

This bill, which will take effect July 1, was introduced to help protect patients from the rising costs of prescriptions. It was introduced to prevent insurance companies from profiting from drug coupons and copay assistance, while the patients using the coupons get nothing.

The legislation was carried by Republicans Sen. Siobhan Dunnavant of Henrico, and Del. Timothy Hugo of Fairfax.

“I introduced SB 1596 [HB 2515] because I had so many patients that came to me and complained,” stated Dunnavant. “When they went to to the pharmacy to fill a prescription, they either had to pay a really high copayment that applied to their deductible or, if they used a coupon and got it for a less expensive price, they could not apply that [coupon] to their deductible. That just didn’t seem fair to me.”

This frustrating situation was coming to pass because of choices employers and health insurers had made in order to maximize their profits, and pass rising drug costs on to patients, rather than bearing it themselves.

“[Patients] were paying the cost of their prescription,” stated Dunnavant. “They had the opportunity to get a lower-cost alternative, and they were disincentivized by their insurance plan to go with the lower-cost alternative.”

Drug manufacturers often provide copay assistance — coupons or discounts — directly to patients who’ve been prescribed the drug, in order to help save patients money. In this way, manufacturers help cover the patient’s out-of-pocket costs for a specialty or brand-name medicine and, by doing so, continue to get the patient’s business. Patients often use copay assistance to help cover the cost of drugs for a variety of illnesses and conditions. This includes conditions that are incurable, or take years to treat.

Typically, insurance companies will apply the manufacturer’s coupon towards the patient’s annual deductible. While this action does not reduce the patient’s cost for that prescription, it does allow patients to reach their deductible faster and at a cheaper cost than if they paid directly out-of-pocket. Once their deductible or yearly maximum is reached, the patient’s insurance then pays for the additional prescriptions.

However, 2018 saw the introduction of a new program, first introduced by UnitedHealthcare. In this new program, employers, plan sponsors, or patients can purchase an insurance policy that utilizes what are called “copay accumulators.” These programs prevent coupons or copay assistance from counting towards a patient’s deductible or out-of-pocket maximum, allowing insurance companies to avoid the full cost of the drug, passing as much of it as possible along to the patient.

Critics argue that this new program may cost patients thousands of dollars a year. However, insurers claim that the new program is necessary to keeping drug manufacturers from jacking up their prices.

The problem is that, since drug manufacturers are raising the prices on specialty drugs, patients are increasingly relying on coupons and copay assistance to afford their medication. Regardless of the intention, the reality is that copay accumulators are reducing the affordability of essential medicines. While out-of-pocket costs are rising for patients, both manufacturers and insurers are profiting.

Not only can higher prescription costs can be financially damaging, some medications do not have a generic equivalent. Therefore, thanks to the increasing costs of medicines coupled with the decreased affordability that comes with copay accumulators, patients who require specialty drugs may be forced to stop filling their prescriptions.

Virginia legislators have now taken steps to protect patients from copay accumulators. Governor Northam signing this bill into law makes Virginia the first state to do so, although West Virginia passed a similar bill around the same time, and eight other states are reportedly considering similar legislation.

“Healthcare costs are already exorbitant for almost every Virginian,” stated Del. Hugo in a press release. “This is a meaningful step to lower out-of-pocket costs for hardworking Virginians.”

Additional reporting by Marilyn Drew Necci. Photo by Joshua Coleman on Unsplash

Governor OKs Program to Help Renters Facing Eviction

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Building on a package of new laws to reduce evictions, Gov. Ralph Northam announced Thursday that he has approved creation of a program to help low-income tenants facing eviction.

The Eviction Diversion Pilot Program will begin in Richmond, Hampton, Petersburg and Danville in July 2020.

The program is the result of identical bills sponsored by Democratic Sen. Mamie Locke of Hampton and Republican Del. Christopher Collins of Frederick County. The General Assembly unanimously approved SB 1450 and HB 2655. Northam signed the bills Tuesday.

The pilot program is aimed at curbing evictions in Virginia as well as collecting data on the problem, according to a press release from Northam’s team.

“Virginia localities have some of the highest rates of evictions in the nation, yet there are clear gaps our ability to obtain tangible data and fully address this crisis in our commonwealth,” Northam said.

“My administration remains focused on increasing access to quality, affordable housing, and this pilot program will assist the state in developing stronger methods for preventing evictions and expanding important protections for all renters in Virginia.”

Christie Marra of the Virginia Poverty Law Center said the pilot program is essentially a payment plan for tenants who might occasionally have problems paying rent.

“This program is for tenants who are not chronically late on rent,” Marra said. “It diverts eligible tenants into a payment plan, and if they pay their debts off, their cases are dismissed.”

Marra said the Virginia Poverty Law Center and the Virginia Housing Commission were closely involved in pushing for legislation to reduce evictions in the commonwealth.

Last month, Northam signed several bills addressing eviction rates and affordable housing. The measures include:

  • HB 1898, which will give tenants more time to submit unpaid rent and fees prior to an eviction judgment.
  • HB 1922, which will reduce the number of legal actions a landlord may file in court against a tenant — and limit the amount of court fees that tenants would incur.
  • SB 1676, which will require landlords to provide tenants with a written lease agreed upon by both parties.

“Most people don’t know that it is actually not a law to have a written lease in Virginia,” Marra said. “This happens a lot, especially in rural areas in Virginia.”

Marra and other advocates for low-income Virginians are hopeful that the new laws will help struggling tenants.

“From Day One, we knew eviction was a problem,” Marra said. “These six bills that passed are a wonderful step forward for leveling the playing field.”

A recent study by the Eviction Lab at Princeton University found that of the six cities with the highest eviction rates in the U.S., four were in Virginia: Richmond, Hampton, Newport News and Norfolk.

“Increasing the quality, availability and affordability of housing in our commonwealth is critical to ensuring that all Virginians have an equal opportunity to lead healthy and productive lives,” Northam said in a press release.

“These measures establish important consumer protections, help to improve housing stability for vulnerable populations, and represent a fundamental step forward in addressing Virginia’s disproportionately high eviction rates.”

By Katja Timm, Capital News Service

Op-Ed: Can Virginia’s Democratic Party Recover From the Northam Backlash?

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Governor Ralph Northam may be trying to put his blackface scandal behind him. But we are just beginning to see the effects of his missteps, on state politics in general and on the Democratic Party in particular.

Some of these effects extend beyond the Governor’s office. As was widely reported last week, VA First Lady Pam Northam got in hot water by handing out cotton to school kids and asking them to imagine what slavery was like. Some of the students who were there dispute the idea that she singled out black kids. But the whole episode surely would not be an issue without her husband’s blackface incident; the kids on the tour clearly were hyper-aware of the Northams’ recent history. Routine duties like leading a school tour become perilous when everyone wonders if you and your husband are racists.

Still, such a precarious position has not stopped Northam from getting involved with legislative politics. Thanks to some terrific reporting by the RTD’s Patrick Wilson, we learned last week that Mark Bergman, head of Governor Northam’s political action committee, had been talking to Delegate Debra Rodman about making a state Senate run — convincingly so, it seems, as Rodman officially announced her campaign yesterday. Some Democrats think Rodman may be able to challenge conservative Republican Siobhan Dunnavant in the 12th Senate district in purplish Henrico County.

If I were Rodman, I would think twice about a Senate run. I think Deb is great – she’s a colleague of mine at Randolph-Macon College – and she ran a terrific underdog campaign in 2017. But she has only been in office for two legislative sessions, and might not have enough of a record to stand on. (Not to mention that you can see her standing behind Kathy Tran in the viral video from the infamous “Dems want to kill babies” abortion fiasco earlier this year.)

Del. Debra Rodman/via Facebook

Still, maybe Rodman’s platform as a sitting Delegate and her existing network of volunteers and donors could offer a real challenge to Dunnavant. The district voted Democratic last year by 15% (although that may have been more about voters rejecting Corey Stewart than anything else).

There’s just one problem: two Democratic candidates have already announced they are running against Dunnavant. And both – Veena Gupta Lothe and Marques Jones – are ethnic minorities. Rodman is not.

It is true that Lothe and Jones are newcomers with little political experience and not much money in the bank. (Of course, the same could have been said about Rodman in 2017.) So if the party is focused on winning that particular Senate seat, it might make sense to recruit a stronger candidate.

But what about the bigger picture?

First of all, the Party should be wary of taking sides in a primary among good faith candidates. According to the RTD report, the Governor’s PAC asked the state party to conduct a poll in Dunnavant’s district; they shared the results with Rodman, but not Lothe or Jones. Other candidates, activists, and volunteers could lose faith in the fairness of party leaders in an important election year.

Even more importantly, the Governor, at least through his PAC team, appears to be working to support a white woman over people of color at a time when minorities are already suspicious of his intentions.

More than the Governor’s reputation is at stake here. If Democrats want to reproduce the success of the last two elections in Virginia, they need ethnic minorities in the state to turn out for Democratic candidates. They also need volunteers and activists to fundraise, phonebank, and canvass. Thanks to Northam’s yearbook photo, African-Americans and other POC in the state have plenty of reasons to opt out this year.

In any other year, Northam’s actions here might be viewed as demonstrating important party leadership. As unpopular as partisanship is these days, political parties remain the most effective and important means of gaining power and governing in a democracy. If you like Democratic Party policies, you want a strong party voice helping to ensure that Democrats win state elections – and, eventually, win control of the General Assembly. This kind of coordination may involve some tough decisions.

But because of Northam’s blackface, Dem voters and activists may see another narrative in play. Instead of party leadership, they may see the Democratic party taking minority support for granted by promoting white candidates over people of color.

They may see a power play by a Democratic Governor who has absolutely no moral standing on race issues, and who is actively working to undermine minority Democrats, including an African-American.

No matter what happens in this particular Senate district, this episode shows – like so much else over the past few weeks – how Ralph Northam’s case for staying in office makes so very little sense. As long as Northam remains Governor, Democrats will be in disarray.

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

Most Virginians Don’t Want Officials to Resign, Poll Finds

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Some want Northam, Fairfax, and Herring to resign. Some want them to stay in office. And almost half of Virginians polled just weren’t sure.

Virginians have low approval ratings of Gov. Ralph Northam and Lt. Gov. Justin Fairfax, but most people say no one should resign or be impeached, according to a recent poll by the University of Virginia’s Center for Politics. It found that of the state’s three top officials, Attorney General Mark Herring is the best-positioned to remain in office.

Over the past month, the three leaders, all Democrats, have been under scrutiny after several scandals, and some politicians and groups have called for their resignations.

  • Two women have accused Fairfax of sexual assault — allegations he has denied.
  • Northam has been in hot water after the discovery of a photograph in his medical school yearbook showing a man in blackface and another in Ku Klux Klan garb. Northam initially apologized for the photograph and then denied he was in the picture. He later admitted to putting “a little bit of” shoe polish on his face to imitate Michael Jackson in a 1984 dance competition.
  • After calling for Northam’s resignation, Attorney General Mark Herring apologized for wearing blackface when he was 19 years old to imitate a rapper.

With that backdrop, U.Va.’s Center for Politics asked a representative sample of Virginia adults about their opinions of Northam, Fairfax and Herring.

The poll found that of the three leaders, more people believe Fairfax should quit. Thirty-five percent believe Fairfax should resign, and 28 percent favored impeachment.

Only 17 percent of Virginians approve of the governor’s job performance. However, only 31 percent of respondents say he should resign, and 21 percent believe he should be impeached.

According to the University of Virginia’s Center for Politics, there was a strong racial divide over whether Fairfax should resign. Thirty-nine percent of white respondents said they favored his resignation, compared with only 8 percent of black respondents.

Of the three officials, Herring had the fewest number of people suggesting he resign (19 percent) or be impeached (14 percent).

The poll involved interviewing 636 adults from Feb. 15-19. It had a margin of error of 4 percentage points.

By Emily Holter, Capital News Service. Images via CNS