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Birth Certificate Modernization Bills Pass Both Houses of General Assembly

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Good news for Virginia’s trans and non-binary community — bills allowing non-binary gender markers on state IDs and changing of name and gender markers on birth certificates are headed to the governor’s desk.

Being transgender or non-binary in our less-than-accepting society can lead to a lot of difficulties, but two bills currently awaiting Governor Northam’s signature will make at least one aspect of trans and non-binary Virginians’ lives a little easier: getting legal identification that matches your gender identity and outward presentation.

The struggle to update Virginia’s gender marker change procedure is a fight that Virginia’s LGBTQ advocates and their allies in the state legislature have been having for years, to no avail. However, in this first General Assembly session to feature a Democratically-controlled GA, the difference has been like night and day. For one thing, the Virginia Values Act, which prohibits discrimination in housing, employment, and public accomodation on the basis of sexual orientation and gender identity, is on its way to the governor for his signature. For another, two less discussed but just as important bills making it easier for transgender and non-binary Virginians to obtain correct ID documents are headed for Gov. Northam’s desk.

The first is SB 246, a bill introduced by state Senator Scott Surovell which will allow Virginians to identify themselves as non-binary on driver’s licenses and identification cards. The bill specifically requires DMV to offer a third option, “non-binary,” along with “male” and “female” on the form designating an applicant’s sex as listed on DMV-issued identification. Virginia would then join 15 other states and DC in offering legal recognition to non-binary gender identities.

The second is SB 657, introduced by Delegate Jennifer Boysko, which allows trans people a much easier path to change the name and gender markers listed on their birth certificate. Boysko has been attempting to pass a similar bill for years; the bill she introduced in 2018 with a similar goal was passed by indefinitely by a House subcommittee. This year’s model would allow for a transgender person requesting a birth certificate with updated name and gender marker to submit a form completed by a health care provider stating that the person making the request had “undergone clinically appropriate treatment for gender transition.”

This would replace the current legal requirement for “a certified copy of a court order indicating that the sex of the person has been changed by medical procedure,” both allowing applicants to avoid the lengthy process of obtaining a court order, and, most importantly, eliminating the need for a “medical procedure,” generally understood to mean gender-reassignment surgery, in order to update their birth certificate.

Real ID driver’s license vs. non-Real ID driver’s license (Images via DMV)

This isn’t a minor change; while surgical procedures associated with gender transition are often part of the public discourse about transgender people, the fact is that for most, such surgeries are economically out of reach. Many health care plans do not offer coverage for them, and such surgeries are not available anywhere in Virginia, thereby requiring interstate travel and the ability to obtain longterm convalescence away from home.

And, as advocates have pointed out, many trans people do not feel the necessity to have surgical procedures done in order to live as their true gender.

“Not all trans people look to have medical surgery to identify as trans,” said Nationz Foundation founder Zakia McKensey in a 2018 interview with GayRVA. “Being trans can be legal, it can be medical, and it can be social — Legally changing your name, or socially having people identify you as your new name, or changing the way you dress… it shouldn’t be a requirement to have a surgical procedure to identify you as transgender.”

By easing the path toward a change of gender markers on birth certificates, SB 657 will by extension make some issues that have cropped up for transgender Virginians with the arrival of Real ID easier to navigate. It will enable trans Virginians who’ve had their gender markers updated through DMV (which does not require a certificate of medical procedure) to ensure that all of their legal documents match, and that no unwanted red tape will prevent them from being able to fly.

In the end, what these bills mainly demonstrate is that elections have consequences, and sometimes they are very good ones. Within two months of the new Democratic General Assembly being sworn in, many positive changes that LGBTQ Virginians have struggled to obtain for years have already come to pass. It’s hard not to be excited about that.

Top Photo: A rainbow flag was raised on Sept. 23, 2019, along with a trans flag and the Philly Pride Flag, for Richmond Pride. (Photo from City of Richmond Flickr account)

LGBTQ Groups Celebrate Passage of ‘Historic’ Virginia Values Act

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After years of struggling, advocates for Virginia’s LGBTQ community have received a clear victory, as the Virginia Values Act passes both houses of the General Assembly.

Legislators wore rainbow, heart-shaped stickers Thursday as the House and Senate passed the Virginia Values Act. LGBTQ advocacy groups and lawmakers held a press conference in anticipation of what they called, “a historic moment after a years-long battle.”

Senate Bill 868, patroned by Sen. Adam Ebbin, D-Alexandria, and House Bill 1663, patroned by Del. Mark Sickles, D-Fairfax, will amend existing nondiscrimination laws to extend protection to LGBTQ residents in housing, employment and places of public accommodation. 

“Today we took another giant step along the path towards a more equal and just Virginia,” Sickles said in a statement.

Speakers at the event included the chief patrons of the bills and chief co-patron Sen. Jennifer Boysko, D-Fairfax, as well as representatives from LGBTQ organizations such as the Virginia Values Coalition, Equality Virginia, the Human Rights Campaign, and the National Center for Transgender Equality and Freedom for All Americans.

“Today, history was made in Virginia, and LGBTQ Virginians are one step closer to being protected from discrimination simply because of who they are or whom they love,” said HRC President Alphonso David.

James Parrish, director at Virginia Values Coalition, speaks at a press conference ahead of the Virginia Values Act passage. (Photo: Screengrab from press conference, via VCU-CNS)

Virginia will be the first Southern state to pass nondiscrimination protections for LGBTQ residents, as well as the first state in over a decade to add “sexual orientation” and “gender identity” to existing laws of nondiscrimination protections, according to a HRC media release.

“This isn’t a theoretical issue, discrimination is happening today,” Ebbin said in a press release. “Until we shine a light on this issue, until we drive it out of our state, Virginians will continue to suffer the psychological, physical and economic vandalism simply because of who they are or who they love.”

Senate Majority Leader Dick Saslaw, D-Fairfax, House of Delegates Speaker Eileen Filler-Corn, D-Fairfax, and Gov. Ralph Northam have pledged their support for the legislation. 

“We are going to officially end discrimination in the commonwealth of Virginia this year,” Northam said during an Equality Virginia reception Tuesday.

Written by Emma Gauthier, Capital News Service. Top Photo: A rainbow flag was raised on Sept. 23 along with a trans flag and the Philly Pride Flag for Richmond Pride. (Photo from City of Richmond Flickr account)

Hundreds of LGBTQ Advocates Lobby Lawmakers for Protections

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Equality Virginia and the Commonwealth’s LGBTQ community continue to lobby state legislators for important LGBTQ protections. Now that Democrats control the General Assembly, they’re having some success.

The day after hundreds lobbied lawmakers on behalf of LGBTQ rights during Equality Virginia’s Day of Action, two significant bills advanced in the General Assembly to further protections for the state’s LGBTQ residents. 

The House passed a bill from Del. Mark Levine, D-Alexandria, on Wednesday to prohibit discrimination on the basis of sexual orientation and gender identity in employment, housing, insurance, and banking. 

A Senate bill that adds gender, gender identity, sexual orientation, and disability as reportable hate crimes, introduced by Sen. Barbara Favola, D-Arlington, reported from committee. The bill would also guarantee that victims would be able to bring civil action to recover damages against their offender. 

Vee Lamneck, executive director of Equality Virginia, was “cautiously optimistic” at the start of the legislative session, but said Tuesday during the organization’s annual lobby event that there is much to celebrate.

Equality Virginia lobbied their lawmakers to support LGBTQ bills during their Day of Action. League of Women Voters members Lois Page and Lynn Johnston regularly attend the weekly roundtables. Photo: Vee Lamneck, Equality Virginia

Lamneck noted that most of the bills supported by Equality Virginia, a group that advocates on behalf of the LGBTQ community, are still alive and advancing. Last session, most of those bills failed to pass from Republican-led subcommittees.

“This legislation will ensure that people are not discriminated against in housing, employment, public spaces, and credit,” Lamneck said.

LGBTQ youth showed up to make their voices heard too. Side by Side, a group dedicated to creating supportive communities for LGBTQ youth, helped sponsor the event.

“We want them to see that it’s easy and accessible, and what it’s like to actually be involved in the legislative process,” said Emma Yackso, director of youth programs and services for Side by Side. “A lot of them for many, many reasons don’t feel like they belong in government, don’t feel like their voices are actually ever going to be listened to.”

Groups visited legislators to discuss LGBTQ-related causes such as conversion therapy, housing instability, religious liberty, protection from discrimination, and the vulnerability of African American transgender communities. 

“We know that people who live at the intersection of multiple marginalized identities often face the most discrimination, harassment, and, unfortunately, sometimes violence as well,” Lamneck said.

The lobbying event was followed by an afternoon of workshops at the Library of Virginia and a reception to thank lawmakers. 

Equality Virginia hosted their Day of Action at the Library of Virginia on Tuesday to promote LGBTQ bills and rights. Photo: Maia Stanley, Capital News Service

 Some of the legislation that has advanced in the General Assembly — mostly with bipartisan support — includes two bills introduced by Sen. Jennifer Boysko, D-Fairfax. Senate Bill 657 would make it easier to change a person’s name and gender on a birth certificate. SB 161 would make the Department of Education create and implement policies concerning the treatment of transgender students in public schools; a duplicate bill in the House also passed.

The Senate also passed SB 245, introduced by Sen. Scott Surovell, D-Fairfax, which would ban the practice of conversion therapy in Virginia on patients under age 18. A similar bill introduced by Del. Patrick Hope, D-Arlington, recently passed the House. On Tuesday, the House passed a health care bill introduced by Del. Danica Roem, D-Prince William, that prohibits discrimination based on gender identity or status as a transgender individual. 

Advocates also celebrated that two bills referred to as the Virginia Values Act have made it to the floors of their respective chambers: SB 868, introduced by Sen. Adam Ebbin, D-Alexandria, and HB 1663, introduced by Del. Mark Sickles, D-Fairfax. Both would prohibit discrimination based on sexual orientation and gender identity in housing, credit transactions, employment and public spaces.

“We speak with many individuals from across the Commonwealth who have shared with us their experiences of discrimination,” Lamneck said. “And not just that, but the fact that they live in fear, day to day experiencing discrimination. And so the Virginia Values Act will have a profoundly positive impact on the community.”

Deanna Bayer (left), volunteer for the Day of Action, and Dorthy Kelley (right), an employee of Equality Virginia, greet participants for workshops and events. Photo: Maia Stanley, Capital News Service

Gov. Ralph Northam and Speaker of the House Eileen Filler-Corn, D-Fairfax, attended an evening reception to wrap up the Day of Action. 

“This session we are going to ensure it is no longer legal in Virginia to discriminate against someone because of who they love,” Filler-Corn tweeted. Two House bills that add gender, disability, gender identity, and sexual orientation as reportable hate crimes and a House bill replacing terms such as “husband and wife” with gender-neutral terms have yet to advance through their respective committees prior to crossover day on Feb. 11.

Written by Maia Stanley, Capital News Service. Top Photo by Sharon McCutcheon on Unsplash.

Bill Prohibiting Discrimination Against LGBTQ Virginians Advanced by Subcommittee

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The Virginia Values Act represents a collaborative effort by a number of General Assembly legislators and LGBTQ advocacy groups to end discrimination against LGBTQ Virginians on many fronts, including housing, employment, and more.

A General Assembly subcommittee advanced a bill Thursday that would prevent discrimination on the basis of sexual orientation or gender identity in housing, public accommodations, employment, and credit applications. 

Lawmakers suggested expanding the focus of a bill introduced by Del. Delores McQuinn, D-Richmond, that would update the Virginia Fair Housing act to prevent discrimination on the basis of sexual orientation and gender identity in housing.

McQuinn’s bill was rolled into HB 1663, patroned by Del. Mark Sickles, D-Fairfax. Sickles’ bill, called the “Virginia Values Act,” includes additional protections against discrimination for LGBTQ Virginians in employment, public spaces and credit transactions and also outlines a process for civil action in a discrimination case.

Del. Delores McQuinn.

The Virginia Fair Housing Law currently prevents housing discrimination on the basis of race, color, religion, national origin, sex, elderliness, familial status, and disability. Sickles’ bill would add “pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity” or status as a veteran, to current law.

“As an African American woman, I have personally been subjected to discrimination all my life because of my race and my gender,” McQuinn said in an email interview with Capital News Service. “This will be another step toward dismantling systematic discrimination and creating fairness and equal opportunities for all citizens.” 

Equality Virginia, a group that advocates for LGBTQ equality, said the legislation is a step in the right direction and praised the delegates’ work.

“These protections are long overdue and an important step forward for Virginia’s LGBTQ community,” Vee Lamneck, executive director of Equality Virginia, said in a statement.

Similar bills have been introduced by both chambers in previous sessions. Though praised by the ACLU and LGBTQ advocacy groups, such bills passed the Senate with support from some Republican senators, but never could advance out of Republican-led House subcommittees. 

Del. Mark Sickles.

Capital News Service reached out to Republicans who voted against previous legislation to gauge their support for the current bill, but none responded. 

Earlier this week the Senate passed a bill to allow a person who changed their sex to receive a new birth certificate. Introduced by Sen. Jennifer Boysko, D-Fairfax, SB 657 aims to eliminate problems for the transgender community that occur when their legal identification doesn’t match their transition, such as renting a home or applying for a credit line. 

The Transgender Assistance Program of Virginia is a nonprofit that works to end transgender homelessness by providing individuals with resources to find emergency shelter, food and referrals to housing programs. De Sube, chairperson of the organization, said any nondiscrimination bill will help the transgender community. 

The resource is needed, Sube said, because many clients are kicked out of their homes after they tell family, loved ones, or roommates that they are transgender. Then they run into discrimination while seeking housing.

“Many transgender people apply for housing, apartments, rental homes, etc., and they’re just denied because of their transgender identity,” Sube said. 

Sickles said in a statement that discrimination has no place in Virginia. 

“All Virginians deserve to be treated with dignity and respect, including LGBTQ people,” Sickles said. 

Sen. Adam Ebbin.

Advocates expect HB 1663 to be heard in committee Tuesday. The companion bill sponsored by Sen. Adam Ebbin, D-Alexandria, is expected to be heard in a Senate committee the following day.

“In Virginia, although a gay couple can get married on Sunday, the sad reality is they can get fired on Monday, evicted on Tuesday morning and denied a hotel room Tuesday night,” Ebbin said in a press release. “This isn’t a theoretical issue, discrimination is happening today.”

Written by Jimmy O’Keefe, Capital News Service. Top Photo: A rainbow flag was raised on Sept. 23, 2019, along with a trans flag and the Philly Pride Flag for Richmond Pride. Photo from City of Richmond Flickr account. All legislator photos via General Assembly.

Advocates Hope LGBTQ Protections Will Pass With New Leadership

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The Virginia Values Act, introduced Friday in the General Assembly by Senator Adam Ebbin, would offer extensive (and much needed) non-discrimination protections to Virginia’s LGBTQ citizens.

Sen. Adam Ebbin, D-Alexandria, introduced Friday SB 868, called the “Virginia Values Act,” which would amend existing nondiscrimination laws to extend protections for the state’s LGBTQ residents. While protection from discimination against race, religion, age, and disability, among other demographics, already exist under Virginia law, the proposed bill seeks to include the terms “sexual orientation” and “gender identity.”

Less than half of U.S. states prohibit discrimination for LGBTQ individuals, according to Freedom for All Americans, a nationwide campaign that seeks to provide nondiscrimination protection for LGBTQ individuals. Virginia is among the majority, with no laws protecting the community from wrongful firing or evictions based on discrimination.

Tracey Swinarsky is a transgender advocacy speaker with Equality Virginia, an organization that seeks equality for all LGBTQ individuals. She said she has experienced discrimination from two employers, including one that fired her because of customer complaints because she is transgender.

“If there was a legal thing that says legally you can’t do this, I would’ve taken action,” Swinarsky said.

“The new law will bring Virginia into the 21st century, and into alignment with Virginia voters, by modernizing and expanding existing human rights law,” the Virginia Values Coalition stated in a press release. The coalition formed in October, following the 2019 General Assembly session in which over 20 bills supported by Equality Virginia failed to advance.

SB 868 was referred to the Committee on General Laws and Technology, chaired by Sen. George Barker, D-Fairfax. 

Sen. Adam Ebbin, patron of the bill to prohibit discrimination against LGBTQ. (courtesy of generalassembly.gov)

The proposed protections will directly target discrimination from public and private employers, housing, credit applications and public acommodations. The Virginia Fair Housing Law would include prohibiting eviction or denial of residence on the basis of gender identity or sexual orientation. 

Employers with more than five employees will also be prohibited from firing or refusing to hire an individual on the basis of gender identity or sexual orientation. It will also be unlawful for employment agencies to refuse to refer an individual for a job on that basis. 

Under the proposed changes, no individual could be legally denied service due to their gender identity or sexual orientation, including in restaurants, stores and public facilities, such as gyms and libraries. This section would not apply to any private club or facility owned by a religious corporation that is not open to the public. 

The bill also proposes including discrimination against sexual orientation or gender identity as qualifying reasons for grievance hearings, which are meetings that address employee allegations of discrimination. 

“It would give us a lot more feeling of safety and security if that happens,” Swinarsky said. “We’re a part of the world and they’re gonna have to deal with that and take care of us and handle us like anybody else out there — no matter what.”

Gov. Ralph Northam included the objectives of this legislation as a priority during his State of the Commonwealth address on Wednesday. 

“Then, we will pass comprehensive protections in employment, housing, and public accommodations for LGBTQ people,” Northam said in his address. “These are important steps toward building a more equal, just, and inclusive state.”

The Virginia Values Coalition worked alongside Ebbin and other partners including Equality Virginia, the Human Rights Campaign, Freedom for All Americans, the American Civil Liberties Union of Virginia and the National Center for Transgender Equality to create the legislation. 

Legislators announce support of LGBTQ nondiscrimination protections in 2020 General Assembly. (courtesy of hrc.org)

Virginia is home to over 257,000 LGBTQ adults and over 50,000 LGBTQ youth according to the Williams Institute at UCLA School of Law. The institute reported that 81 percent of Virginia residents think LGBTQ individuals experience discrimination in the state. It also shows that 74 percent of LGBTQ student respondents have experienced discrimination at school. 

“So we know that discrimination is happening with frequency in Virginia,” said Vee Lamneck, executive director of Equality Virginia, which also conducted its own surveys and reported that about half of its participants experienced discrimination. 

Lamneck stepped into this position just last week after being with the organization for over six years and deputy director for three years. The position was previously held by James Parrish, current director of the VVC. 

“An overwhelming majority of Americans, including Virginians, believe that LGBT people should be protected from discrimination,” Parrish said. “But also a majority of people believe those protections already exist, and they don’t.”

Sen. Ebbin patroned SB 998 last session, which also aimed to prohibit employers from discriminating on the basis of gender identity or sexual orientation. It passed the Senate 28-12 but didn’t make it past the first reading in the House. 

“Conservative leadership in the House of Delegates continuously stood in the way,” Parrish said. “The Republican-led Senate passed both the employment bill and the housing bill with a super majority of votes in the past several sessions but they were always dead-on-arrival in the House.”

Equality Virginia and the VVC said they are excited to see new leadership this session that seeks to protect the LGBTQ community.

House Speaker Eileen Filler-Corn and Senate Majority Leader Dick Saslaw, D-Fairfax, already pledged to support legislation that protects the LGBTQ community. 

“Passing comprehensive protections for LGBTQ Virginians will be a top priority for Virginia’s Senate in the upcoming General Assembly Session,” Saslaw stated in a tweet. “It’s long past time to end anti-LGBTQ discrimination in employment, housing, and public spaces.”

A CNS reporter reached out to a third of the Republican senators who voted against the 2019 bill to gauge their thoughts on SB 868, but none responded. Equality Virginia recently reported that 2018 and 2019 surveys found a majority of Virginia Republicans support passing protective legislation. In 2019, 63 percent said they would support protection from discrimination in employment, while 53 percent — a slight decrease from 55 percent in 2018 — said they would support protection in housing.

When Parrish was asked what he would say to opposing legislators, he advised to listen to the facts: a multitude of polls show that the majority of Virginians support protecting LGBTQ individuals from discrimination. 

“LGBTQ people live in every district in this state, so elected leaders should be looking out for all citizens,” Parrish said.

Written by Emma Gauthier, Capital News Service. Top Photo: A rainbow flag was raised on Sept. 23 along with a trans flag and the Philly Pride Flag for Richmond Pride. (Photos from City of Richmond Flickr account)