Category Archives: James Parrish

Democrats, gay advocates blast Virginia GOP ticket

Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

Virginia Attorney General Kenneth Cuccinelli hoped to challenge a ruling that overturned the state’s sodomy law. (Washington Blade file photo by Michael Key)

Virginia Democrats and LGBT rights advocates have criticized the state’s Republican Party for nominating three anti-gay men as their statewide candidates.

The Republican Party of Virginia on Saturday officially nominated Attorney General Ken Cuccinelli as its gubernatorial candidate to face off against Democratic National Committee Chair Terry McAuliffe. E.W. Jackson and state Sen. Mark Obenshein (R-Harrisonburg) will round out the ticket as the party’s lieutenant gubernatorial and attorney general candidates.

Cuccinelli, who has previously described same-sex sexual acts as “intrinsically wrong,” in March filed an ultimately unsuccessful challenge to a three-judge panel’s ruling that overturned the commonwealth’s sodomy law.

The current attorney general in 2010 recommended Virginia colleges and universities remove LGBT-specific provisions from their non-discrimination policies. Cuccinelli was also among those who spoke at an anti-gay marriage gathering at a Manassas church in October to which the Washington Blade was denied access.

Jackson, who founded Exodus Faith Ministries in Chesapeake, reaffirmed his opposition to same-sex marriage during a speech at the Republican Party of Virginia convention after delegates officially nominated him. Equality Virginia noted he has compared gay men to pedophiles and described them as “very sick people, psychologically, mentally and emotionally.”

Equality Virginia also pointed out Obenshein sponsored Senate Bill 1074 that Gov. Bob McDonnell signed into law in March that bans public universities from denying recognition and funding to student organizations that discriminate in their membership based on sexual orientation and other categories that federal law does not protect. He also opposed a measure in a Virginia House of Delegates subcommittee tabled in February that would have banned discrimination against LGBT state employees.

“Ken Cuccinelli, E.W. Jackson and Mark Obenshain are openly hostile to LGBT families in communities across the commonwealth,” Equality Virginia Executive Director James Parrish said after the state GOP officially nominated the three men.

Democratic lieutenant gubernatorial candidate Aneesh Chopra also criticized the Virginia GOP ticket.

“The nomination of E.W. Jackson and Mark Obenshain shows just how out of touch the Republican Party of Virginia has become,” he told the Blade on Tuesday. “Together with Ken Cuccinelli, they represent a vision of Virginia moving backward and reflect one of the most extreme tickets the commonwealth has seen in a long time.”

State Del. Charniele Herring (D-Alexandria,) who chairs the Democratic Party of Virginia, described the GOP candidates’ rhetoric during a conference call with reporters on Tuesday as “divisive, dangerous and mean-spirited.” She, Parrish and gay state Sen. Adam Ebbin (D-Alexandria) stressed their positions could further damage the state’s reputation if voters elect them in November.

“Cuccinelli’s mean-spirited statements do not represent the commonwealth,” Ebbin said. “The truth is Ken Cuccinelli and E.W. Jackson’s cruel comments don’t just represent the biases of the past, but represent a threat to Virginia as a welcoming place to do business.”

A Quinnipiac University poll conducted between May 8-13 found 43 percent of respondents support McAuliffe, compared to 38 percent who back Cuccinelli for governor. A survey the Washington Post released earlier this month shows Cuccinelli led McAuliffe by a 46-41 percent margin.

The same poll noted 70 percent of respondents said they know little or nothing about McAuliffe. Fifty-two percent of respondents said they know little or nothing about Cuccinelli.

A Cuccinelli campaign spokesperson did not immediately return the Blade’s request for comment.

Herring, Ebbin and Parrish said during Tuesday’s conference call they remain optimistic voters will have learned about the Republican ticket’s anti-gay rhetoric by the time they cast their ballots on Election Day.

“It is our job to let people know about the record of Ken Cuccinelli and E.W. Jackson,” said Herring, noting the state’s Democratic Party earlier this year launched a field program to reach out to potential voters. “It’s a dangerous record and is not good for Virginia families.”

Ebbin reaffirmed his support for McAuliffe.

Md., Va. to tackle bias, trans rights as lawmakers return

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Equality Maryland Executive Director Carrie Evans (Washington Blade file photo by Michael Key)

Lawmakers in Maryland and Virginia will consider a number of LGBT-specific issues during their respective legislative sessions that began on Wednesday.

Maryland legislators are likely to consider a bill that would ban anti-transgender discrimination in the workplace, housing and public accommodations. The Gender Identity Non-Discrimination Act died in the Senate Judicial Proceedings Committee last April because Senate President Thomas V. “Mike” Miller (D-Prince George’s and Calvert Counties) reportedly blocked a vote on it.

Miller has publicly backed the proposed measure that gay state Sen. Rich Madaleno (D-Montgomery County) will formally sponsor. He and state Sen. Jamie Raskin (D-Montgomery County) are expected to champion the bill in the chamber.

Gov. Martin O’Malley, who signed the state’s first anti-trans discrimination law in 2002 when he was the mayor of Baltimore, also backs the Gender Identity Non-Discrimination Act.

“We’re very optimistic this year because the world has changed,” Gender Rights Maryland Executive Director Dana Beyer told the Washington Blade. “The attitudes of not only the voters who proved on Nov. 6 that they’re supportive of progressive issues such as marriage equality and the Dream Act, but also the legislators have noticed that and are feeling a little bit emboldened.”

Equality Maryland Executive Director Carrie Evans shared Beyer’s optimism.

The Maryland Coalition for Trans Equality has grown to include CASA de Maryland, Progressive Maryland and 17 other organizations. Equality Maryland has posted a petition on its website in support of the Gender Identity Non-Discrimination Act

Evans said this group is “modeling ourselves off of the” campaign in support of the same-sex marriage referendum that passed last November by a 52-48 percent margin.

“We have an incredible window here in 2013 with the strength of the coalition, the good feelings everybody has about Equality Maryland,” she said. “We are going full surge ahead and hopefully passing this once and for all in 2013.”

A proposed assault weapons ban in the wake of the Dec. 14 massacre at a Newtown, Conn., elementary school that left 20 students and six administrators dead and efforts to repeal the state’s death penalty are among the issues expected to dominate this year’s legislative agenda in Annapolis, but Evans highlighted other issues on which she and other advocates hope to work in the coming year.

These include working with Attorney General Doug Gansler and other officials to ensure the state’s same-sex marriage law that took effect on Jan. 1 is properly implemented. She pointed to insurance and tax-related issues for same-sex couples and making sure state agencies have provisions that include gender-neutral references are top priorities.

Evans said she expects most of these changes will take place through new regulations or administrative tweaks, but “they are working on answering the question of redoing all of the areas of state law and what needs to be done legislatively. Strengthening Maryland’s anti-bullying laws is another priority.

“The problem has always been making sure once the law is passed it is implemented at all levels,” Evans said.

Va. bill would ban anti-LGBT bias

Virginia lawmakers are expected to consider a measure during their legislative session that would ban anti-LGBT discrimination against state employees.

State Sens. A. Donald McEachin (D-Henrico) and Adam Ebbin (D-Alexandria) introduced Senate Bill 701 last October. The state Senate passed similar measures in 2010 and 2011, but they stalled in the House of Delegates.

Equality Virginia Executive Director James Parrish told the Blade last November that SB 701’s chances of passing in the Republican-controlled House of Delegates this year are “very slim.”

“While our biggest challenge is the House of Delegates, this will be an opportunity to get legislators on the record for pro-LGBT legislation and see if they are really supporting equality and their constituency this election year,” he said.

Adam Ebbin, Virginia, gay news, Washington Blade

Gay state Sen. Adam Ebbin is a Senate Bill 710 co-sponsor (Photo courtesy of Adam Ebbin)

Ebbin told the Blade he expects the Senate General Law Committee could potentially hear SB 701 in the coming weeks.

“The bill has passed the Senate before, but failed in the General Laws and Technology Committee last session,” he said. “It’s a sometimes challenging environment because there’s Republican control of that committee, but we’re working hard and hope there will be a breakthrough this year.”

Del. legislators expected to debate marriage

Delaware lawmakers are expected to consider a same-sex marriage bill between now and the end of their current legislative session on June 30.

Gov. Jack Markell, who signed the state’s civil unions law in 2011, suggested to the Huffington Post last August that state lawmakers could debate a measure that would allow gays and lesbians to tie the knot this year.

Spokesperson Catherine Rossi reiterated that point to the Blade.

“The governor expects that a marriage equality bill will be worked this session,” she said.

House Speaker Pete Schwartzkopf (D-Rehoboth Beach) described efforts to place a same-sex marriage bill on the 2013 legislative agenda as a “no-brainer” during an interview with the News-Journal on Tuesday. House Majority Leader Valerie Longhurst (D-Bear) added she expects Senate Majority Leader Patricia Blevins (D-Elsmere) and state Rep. Melanie George Smith (D-Bear) to introduce the measure.

Both legislators co-sponsored the civil unions bill.

Gays and lesbians can legally marry in neighboring Maryland and eight other states and D.C. Lawmakers in New Jersey, Illinois and Rhode Island are expected to consider similar measures in the coming weeks.

Va. lawmakers kill proposal to repeal gay marriage ban

James Parrish, Equality Virginia, gay news, Washington Blade

Equality Virginia Executive Director James Parrish (Washington Blade photo by Michael Key)

A Virginia House of Delegates subcommittee on Monday voted 6-1 to kill a proposal that would have repealed the state’s constitutional ban on same-sex marriage.

Delegate Scott Surovell (D-Fairfax) introduced HJ665 on Jan. 9, the first day of the current legislative session. He told the Washington Blade after the vote he feels “people affirming their love to each other and living in committed relationships is a universal human right.”

“It’s a civil right,” Surovell said. “I don’t think that the constitution should prohibit the government from recognizing people’s love and commitment to each other solely because of their sexual orientation. I think it’s wrong and it’s hateful.”

Delegate Rob Krupicka (D-Alexandria,) who is among the more than two dozen legislators who co-sponsored HJ665, expressed disappointment that the House Privileges and Elections Constitutional Amendments Subcommittee killed the proposal.

“Virginia is going to have to re-visit this issue either because the public demands it, because we are forced to by the Supreme Court or because corporations make it clear that they’d rather move to D.C. or Maryland in order to protect their employees,” he told the Blade in a statement. “Marshall-Newman is so broadly worded, that it puts even basic contracts in question. Ultimately, I’d like us to be talking about an amendment to add marriage freedom to our constitution. But as today’s action shows, we have work to do to even allow for basic contract rights between two people.”

Delegate David Toscano (D-Charlottesville) agreed.

“I did not support the Marshall-Newman amendment when it passed and believe the time is now for it to be repealed,” he said.

Virginians in 2006 approved the amendment by a 57-43 percent margin.

A similar ban passed in neighboring North Carolina in May by a 61-39 percent margin.

Maryland is among the nine states and D.C. that allow gays and lesbians to tie the knot. Lawmakers in Delaware, Rhode Island, Illinois and New Jersey are expected to debate same-sex marriage proposals in the coming weeks.

“We’re deeply disappointed that the House committee has voted to overlook this resolution that would repeal Marshall-Newman,” Equality Virginia Executive Director James Parrish said. “It’s a shame that Virginia cannot catch up with a wave of national change since marriage equality is now a winning issue on the ballot.”

Surovell conceded to the Blade he was “not optimistic going into” today’s hearing in spite of public opinion polls that indicate growing public support for marriage rights for same-sex couples in Virginia since voters approved the Marshall-Newman amendment. He referenced the House of Delegates’ vote last May against gay prosecutor Tracy Thorne-Begland’s nomination to the Richmond General Court to further prove his point.

The Richmond General Court in June appointed Thorne-Begland on an interim basis because lawmakers failed to fill the vacancy — his term is slated to end at the end of next month if legislators do not approve his appointment. Members of the General Assembly Committee of Judicial Appointments are schedule to interview Thorne-Begland later today.

“I suspect that the only thing that will change whether this [SJ665] eventually passes is the change in control of the House of Delegates because the current majority is beholden to the Family Foundation,” Surovell said. “Last year I had a surreal evening when at 1 a.m. on the last day of session I’m sitting there watching my body debate whether a 14-year decorated naval aviator who’s been putting away murderers for five years is qualified to be a judge presiding over traffic tickets because he happened to live in a committed same-sex relationship with children while the Family Foundation sits in the balcony watching the whole thing. I thought there was something wrong with that. That’s the way it is in Virginia right now.”

BREAKING: Va. House of Delegates confirms gay judge

(Photo via Wikimedia)

The Virginia House of Delegates on Tuesday voted 66-28 to approve gay interim Richmond Circuit Court Judge Tracy Thorne-Begland’s judgeship.

“Equality Virginia is pleased that the House of Delegates could see that Thorne-Begland is a qualified candidate with integrity and a long history of public service,” Equality Virginia Executive Director James Parrish said in a statement. “Thorne-Begland has served his country and his city with honor and unquestioned competence first as a Navy pilot and then as a prosecutor.”

The vote took place after members of the General Assembly Committee of Judicial Appointments on Monday certified Thorne-Begland and more than 40 other judicial nominees.

The House of Delegates last May blocked Thorne-Begland’s nomination to the Richmond General Court after state Del. Bob Marshall (R-Prince William County) alleged he misrepresented himself when he failed to disclose his sexual orientation when he enlisted in the U.S. Navy in the late 1980s. (He is among the 28 delegates who voted against Thorne-Begland’s election.)

Thorne-Begland, who came out during 1992 “Nightline” interview in which he criticized the Pentagon’s ban on gay servicemembers, received an honorable discharge two years later.

The Richmond General Court in June appointed Thorne-Begland on an interim basis because lawmakers failed to fill the vacancy, but state Del. Todd Gilbert (R-Shenandoah) questioned his previous activism during the General Assembly Committee of Judicial Appointments hearing.

“There was a lot of confusion last year about how your oath and your activism were both present or not present or either or how one tread upon the other—or didn’t,” Gilbert said. “That’s one of the reasons I didn’t vote in your previous election because those questions were not answered for me and I feel like they’ve been satisfactorily answered for me.”

Thorne-Begland responded.

“When I think of an activist, I think of someone—the tree hugger who chains themselves to a tree in the redwood forest, someone who chains themselves to a nuclear facility, wants it shut down or someone who conducts sit-ins in the halls of this legislature or on the steps of the capitol as we saw last year,” he said, as captured by Equality Virginia in a video it posted online. “Those are individuals who are willing to advance their cause through acts of civil disobedience. They will violate the law, violate regulations, perhaps violate their oath. I didn’t take those actions. There were members of the armed forces who spoke up against ‘Don’t Ask, Don’t Tell,’ wore their uniform and chained themselves to the White House fence. That is an act of civil disobedience. It’s a violation of order and it’s a violation of your oath as an officer. I understand that people may see what I did as activism, but you can make darn sure that I did not take the steps that I did without reading the regulations, without consulting lawyers and making sure that I was not just following the letter of the law but the spirit of the law to say this policy hurts. It hurts good people and we’re not here to litigate the propriety of the military’s old policy… of ‘Don’t Ask, Don’t Tell’ or its repeal, but I want you to understand that that’s why I did what I did. I did it within the framework of the rules that had been laid to me.”

Thorne-Begland, who is also a former Equality Virginia board member, also discussed his involvement with the LGBT advocacy group.

“Since I left the military, I’ve worked with Equality Virginia and I advocated for such radical things as expanding the right to health care for someone to be able to get insurance for their partner,” he said. “I’m not going to lie and say that I don’t one day want the opportunity to marry my partner. We married 15 years ago in an Episcopal church across the street from our house. I’d like that to happen, but that’s not my role as a judge. I will well and dutifully follow the rules, the laws and the regulations. I know that when I put on a black robe and even when I take that robe off and go home that I am held to a different standard of an everyday citizen.”

Parrish stressed the House of Delegates’ initial vote against Thorne-Begland’s nomination “made embarrassing national headlines.”

“We’re glad the House of Delegates took a second look at his candidacy and this time the decision was based on his qualifications and not on who he is or who he loves,” he said. “While Thorne-Begland has been given another opportunity, without employment protections, most Virginians do not get a second chance at their jobs after being fired or not hired because of their sexual orientation.”

BREAKING: Non-discrimination bill passes in Va. Senate

Gay state Sen. Adam Ebbin is a Senate Bill 701 co-sponsor (Photo courtesy of Adam Ebbin)

The Virginia Senate on Friday approved a bill that would ban anti-LGBT discrimination against state employees.

The 24-16 vote came four days after the Senate General Laws and Technology Committee narrowly approved Senate Bill 701.

“No state employee should ever doubt Virginia’s commitment to equal opportunity employment for all,”gay state Sen. Adam Ebbin (D-Alexandria,) who co-sponsored SB 701 with Sen. A. Donald McEachin (D-Henrico,) said as he spoke in support of the measure on the Senate floor. “This bill assures state employees that they will be judged solely on their merits and that discrimination has no place in Virginia.”

State Sens. Jill Hotzman Vogel (R-Fauquier,) John Watkins (R-Powhatan,) Thomas Norment (R-Williamsburg) and Frank Wagner (R-Virginia Beach) are the four GOP legislators who voted for SB 701. Democratic Sens. Kenneth Alexander, George Barker, R. Creigh Deeds, John Edwards, Barbara Favola, Mark Herring, Janet Howell, Mamie Locke, David Marsden, Henry L. Marsh III, John Miller, Ralph Northam, Phillip Puckett, Linda Puller, Richard Saslaw, Charles Colgan, Chap Petersen, and Louise Lucas also backed the measure alongside Ebbin and McEachin.

“In Virginia, LGBT protections will not pass without bi-partisan support,” Equality Virginia Executive Director James Parrish said. “We are pleased that four Republican senators joined their Democratic colleagues in passing SB701 to protect LGBT state employees. In the private sector, workplace protections are shown to decrease legal vulnerability while enhancing the employer’s reputation, increasing job satisfaction and boosting employee morale and productivity.”

U.S. Sen. Mark Warner, who in 2005 signed an executive order as governor that banned anti-gay discrimination against state employees, also applauded the state Senate for approving SB 701.

“I was proud to be the first Virginia governor to protect gay workers at state agencies from discrimination in hiring and promotions. I viewed it as a powerful tool for recruiting and retaining top talent across state government,” he said in a statement. “Today, the principals of equal opportunity and fairness represent official policy for virtually every major employer in Virginia and across the country. I am very, very pleased today to see the Virginia Senate approve this commonsense protection for Virginia’s LGBT workers, making equal opportunity for state and local government employees a permanent part of the Code of Virginia so that it does not have to be renewed every four years through an executive order.”

In spite of the Senate’s approval of SB 710, the measure faces an uphill battle in the GOP-controlled House of Delegates.

Parrish told the Blade last year that its chances of passing in the chamber this year remain “very slim.”

“Making sure elected official hear LGBT issues are important to all Virginians is the most important thing any citizen can do to open hearts and minds across the state,” he said in reference to Equality Virginia’s annual Lobby Day that will take place in Richmond on Tuesday. “We’re very fortunate the Senators that voted in support today are listening to their constituents.”

More than 100 attend Equality Virginia lobby day

Equality Virginia, Richmond, gay news, Washington Blade

Equality Virginia supporters gather on the steps of the state capitol building in Richmond on Jan. 29. (Washington Blade photo by Michael K. Lavers)

RICHMOND, Va.—Dozens of advocates from across the commonwealth gathered in the state capital on Tuesday for Equality Virginia’s annual legislative lobby day.

They spoke with lawmakers in support of Senate Bill 701, which would ban discrimination against LGBT state employees. Advocates also sought backing for measures that would define bullying in Virginia and require school districts to adopt policies that specifically prohibit students and school employees from engaging in it.

They lobbied against House Bill 1617 that would prohibit publicly funded colleges and universities from discriminating against any student group based on their “religious, political, philosophical, or other content of the organization or group’s speech.”

Equality Virginia Executive Director James Parrish told the Washington Blade during an interview at the Library of Virginia that the measure state Del. Todd Gilbert (R-Shenandoah) introduced “sounds very well-meaning.” He added his organization sees “the flip side of that as saying colleges have to fund organizations that willingly discriminate,” while referring to the controversy over the Boy Scouts of America’s long-standing ban on openly gay scouts and scoutmasters.

“Equality Virginia believes it is not our place to tell private organizations what to do,” Parrish said. “It is our place to say public dollars shouldn’t fund those organizations.”

Aside from advocating for or against specific measures, advocates also attended workshops on a variety of topics that included the lack of legal protections for LGBT Virginians and transgender advocacy in the commonwealth. Congressman Bobby Scott, state Dels. Rob Krupicka (D-Alexandria) and Scott Surovell (D-Fairfax), gay state Sen. Adam Ebbin (D-Alexandria) and Richmond City Council President Charles Samuels are among those who attended a post-lobby day reception at the Library of Virginia.

Parrish also announced that Newark (N.J.) Mayor Cory Booker will deliver the keynote address at Equality Virginia’s annual Commonwealth Dinner in Richmond on April 6.

“It’s an important issue to address — LGBT rights in general,” Fredericksburg attorney Jessica Jeanty told the Washington Blade. She met with state Del. Robert Orrock (R-Spotsylvania) and a legislative aide to state Sen. Ryan McDougle (R-Hanover) earlier in the day. “I was looking for a way to get involved, especially a way to get involved that’s effective. I think reaching out to state legislators is one of the most effective ways to make a difference in this area.”

The gathering took place four days after the state Senate passed SB 701 by a 24-16 vote margin. The Republican-controlled House of Delegates on Jan. 15 overwhelmingly approved gay interim Richmond Circuit Court Judge Tracy Thorne-Begland’s judgeship after blocking his nomination during a late-night vote last May that sparked outrage among LGBT advocates.

SB 701 faces an uphill battle in the House of Delegates, but state Sen. A. Donald McEachin (D-Henrico) told the Blade during an interview at his capitol office that he remains optimistic about the measure’s prospects in light of Thorne-Begland’s appointment.

“I’d like to believe there’s a new sense of enlightenment in the House,” he said. “I’m hopeful that same sense of enlightenment will continue. The bill is all about fairness; it’s all about making sure that no one in the state workforce should have to worry about being discriminated against because of who they are. And to that end, it’s something that Fortune 500 companies do that call Virginia home, so I’m hopeful the House will look at the totality of the circumstances and see a way to pass it.”

Sen. A. Donald McEachin (D-Henrico) (Washington Blade photo by Michael K. Lavers)

Ebbin, who co-sponsored SB 701 with McEachin, said the four Republicans who voted for SB 701 indicate “we may do a little better in the House.”

“The subcommittee of the General Laws Committee we’ll go to has proved a very formidable obstacle in the past,” he conceded, while acknowledging the fact four Republican senators who voted for SB 701 indicate it may fair slightly better in the House than in previous years. “I’ve brought this forward every year since the Kaine administration and I’m committed to continuing to do so. We’re chipping away and I think eventually this will pass; eventually.”

Senate subcommittee approves ‘love shack’ bill

Ebbin spoke with the Blade hours after the Senate Courts of Justice Committee unanimously approved Senate Bill 939, which would repeal an 1873 law that criminalizes unmarried couples who live together.

Gov. Bob McDonnell told WTOP radio on Tuesday he supports the so-called “Love Shack” measure in spite of his views toward “cohabitators, homosexuals or fornicators” he expressed in his master’s thesis he wrote while attending Regent University in Virginia Beach. Ebbin said he remains “confident” that SB 939 will pass in the full Senate in the coming days.

“At this date, the House needs to acknowledge the reality of the 21st century,” he said. “I’m very optimistic they will.”

“Equality Virginia definitely supports getting rid of all these bills that are constitutionally irrelevant,” Parrish added. “We’re for getting all those laws off the books.”

Advocates: Va. LGBT rights movement continues to make strides

A House of Delegates subcommittee earlier this month killed a proposal that would have repealed the commonwealth’s voter-approved constitutional ban on same-sex marriage, but advocates maintain SB 701 and Thorne-Begland’s appointment prove the state’s LGBT rights movement continues to move forward.

“It is definitely progress, especially since both were so difficult,” Jeanty said. “I was shocked to hear that there was any kind of contention about Tracy Thorne-Begland at all, so to see that he finally has a full-time judgeship is great. I think that’s progress. I also think that SB 701 is progress, but I think there’s much more to go. There are many more bills that need to be passed. It’s a little bit of progress, but we still need more.”

Joyce Scher, co-founder of Mothers and Others of Virginia, agreed.

“I’m thrilled about Tracy, just absolutely thrilled,” she told the Blade during the Equality Virginia reception. “Sorry that everybody had to work so hard because he was so worthy of having that job.”

Ebbin, who is the first openly gay person elected to the Virginia Legislature, said he feels his Richmond colleagues have begun to respond favorably to LGBT-specific issues.

“I don’t bring up gay issues with everyone, but I think just being here — and they know who I am, does make a difference and over time things can only get better,” Ebbin said. “People say how can you stand being in Richmond. I say I love being here knowing that I can grab that microphone anytime I want when people say anything that needs to be reacted to. There’s no place I’d rather be than watching Virginia wake up from history.”

Va. House subcommittee tables anti-LGBT discrimination bill

Virginia Sen. A. Donald McEachin (D-Henrico) (Washington Blade photo by Michael K. Lavers)

A Virginia House of Delegates subcommittee on Tuesday tabled a bill that would have banned discrimination against LGBT state employees.

The House General Laws Subcommittee on Professions/Occupations and Administrative Process killed Senate Bill 701 nearly three weeks after the state Senate approved the measure.

“State employees must now go another year without workplace protections,” James Parrish, executive director of Equality Virginia, said. “It’s downright disrespectful that this subcommittee did not listen to the thousands of Virginians that messaged their delegates and senators over the past two months in support of protecting lesbian, gay, bisexual and transgender state employees.”

Anna Scholl, executive director of ProgressVA, also criticized lawmakers who killed SB 701.

“It’s outrageous that a few state Delegates refuse to ensure Virginia law reflects the basic tenet of fairness and provide workplace protections for all Virginians,” she said. “No citizen should fear the loss of their livelihood because of who they are and who they love..”

State Sens. Adam Ebbin (D-Alexandria) and A. Donald McEachin (D-Henrico,) co-sponsored the measure.

“I am extremely disappointed and dismayed that the members of the House of Delegates subcommittee, along party lines, refused to offer equal protection and simple fairness to all citizens of Virginia,” McEachin told the Washington Blade. “All Virginians deserve equal opportunity and justice and to be judged by their performance on the job, not by another other irrelevant characteristics.”

Gay Va. judge sworn in

Tracy Thone-Begland, Virginia, gay news, Washington Blade

Tracy Thorne-Begland during his official swearing in in Richmond on Friday. (Courtesy photo)

Virginia’s first openly gay judge was officially sworn in on Friday.

Richmond Circuit Court Judge Tracy Thorne-Begland’s investiture took place inside the Richmond City Council’s chambers. The former prosecutor’s 8-year-old twins Chance and Logan straightened their father’s black robe as his partner, Michael Thorne-Begland, looked on. Secretary of Public Safety Marla Graff Decker, state Sens. Adam Ebbin (D-Alexandria) and A. Donald McEachin (D-Henrico,) state Del. Jennifer McClellan (D-Richmond) and Richmond Mayor Dwight Jones are among the more than 200 people who attended the ceremony.

“It was a very moving ceremony,” Ebbin told the Washington Blade.

The Republican-controlled House of Delegates last May blocked Thorne-Begland’s nomination to the Richmond General Court after state Del. Bob Marshall (R-Prince William) alleged he misrepresented himself when he failed to disclose his sexual orientation when he enlisted in the U.S. Navy in the late 1980s. Thorne-Begland, who came out during a 1992 “Nightline” interview in which he criticized the Pentagon’s ban on gay servicemembers, received an honorable discharge two years later.

The Richmond General Court last June appointed Thorne-Begland on an interim basis because lawmakers failed to fill the vacancy. The House of Delegates in January approved his judgeship in a 66-28 vote.

Thorne-Begland, who is a former Equality Virginia boardmember, did not return the Blade’s request for comment. He responded to questions about his previous advocacy before a House of Delegates committee in January approved his judgeship.

James Parrish, executive director of Equality Virginia, applauded Thorne-Begland after his swearing in ceremony.

“Upon the House of Delegates taking a second look at his nomination, we’re glad the decision was made on his qualifications as a candidate and not on who he is or who he loves,” he said. “That’s what we hope for any LGBT Virginian. We congratulate him on this next step in his career.”

Ebbin agreed.

“I’ve known Tracy Thorne-Begland for many years and I’m confident that his tenure will break down stereotypes and make it clear that a gay person can not only adequately perform at the highest levels and excel in those circumstances,” he said. “It’s an exciting day for Virginia.”

Cuccinelli challenges Va. sodomy ruling

Virginia Attorney General Kenneth Cuccinelli is challenging a ruling that overturned the state’s sodomy law. (Washington Blade file photo by Michael Key)

Virginia Attorney General Kenneth Cuccinelli has filed a petition with the 4th Circuit U.S. Court of Appeals in Richmond asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.

The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s “Crimes Against Nature” statute that outlaws sodomy between consenting adults, gay or straight, is unconstitutional based on a U.S. Supreme Court decision in 2003 known as Lawrence v. Texas.

A clerk with the 4th Circuit appeals court said a representative of the Virginia Attorney General’s office filed the petition on Cuccinelli’s behalf on March 26. The petition requests what is known as an en banc hearing before the full 15 judges to reconsider the earlier ruling by the three-judge panel.

“We certainly hope they won’t,” said Claire Gastanaga, executive director of the ACLU of Virginia, which filed a friend of the court brief urging the three-judge panel to overturn the state sodomy law.

“We think it’s a situation in which everybody agrees that the statute is unconstitutional,” Gastanaga told the Blade.

Greg Nevins, an attorney with the LGBT litigation group Lambda Legal Defense and Education Fund, which joined the ACLU in filing the friend of the court brief calling for overturning the Virginia sodomy law, said requests for en banc hearings are turned down most of the time.

He quoted a federal appeals court rule as stating, “Although petitions for rehearing are filed in a great many cases, few are granted.”

Caroline Gibson, a spokesperson for Cuccinelli, told the Blade in an email that Cuccinelli believes the dissenting judge on the three-judge panel was correct in stating the Lawrence decision applies only to sex between consenting adults in private and doesn’t apply to cases involving a minor. The case in which the three-judge panel of the 4th Circuit Court of Appeals overturned the Virginia sodomy law involved a man charged with soliciting oral sex from a 17-year-old woman.

“We believe the panel decision was erroneous, and that the dissent correctly concludes that the petitioner was not entitled to federal habeas corpus relief, Gibson said, referring to the court’s decision to overturn the man’s conviction under the sodomy law. “So the full court should have the opportunity to decide this matter,” she said.

“Like most people, we think the court made the right decision,” said James Parrish, executive director of the LGBT advocacy group Equality Virginia.

“We think what needs to happen is the General Assembly needs to remove the current sodomy law that has been declared unconstitutional,” he said.

Parrish said Equality Virginia wouldn’t object to a careful revision by the legislature of the state’s criminal code to allow for continued prosecution of offenses such as sex with minors.

“What we’re saying is we agree with the court ruling that, in this case, the law was used unconstitutionally. The best course of action would be for the General Assembly to address that, just like they did with the cohabitation law that they took off the books this year,” he said.

“We think that’s a better recourse than the Attorney General filing another appeal and diverting precious state resources on an issue that the General Assembly should address because the court made the correct ruling on March 12,” Parris said.

Virginia State Sen. Adam Ebbin (D-Alexandria), who’s gay, said he is looking into the issue and the possibility of introducing legislation to address it.

“I’m reviewing this and will consider introducing a bill next year to repeal the Virginia Crimes Against Nature law for consenting adults,” he told the Blade.

The March 12 ruling of the appeals court’s three-judge panel overturned a lower court decision upholding the conviction of a 37-year-old man charged in 2005 with soliciting a 17-year-old woman to engage in oral sex. No sexual encounter took place, records show.

The Attorney General’s office argued that the Supreme Court’s Lawrence decision didn’t apply to cases involving minors. But 4th Circuit Appeals Court Judge Robert King, who wrote the majority opinion, said the Lawrence decision rendered the Virginia sodomy statue “facially” or completely unconstitutional.

He stated other laws could be used to prosecute an adult for engaging in sex with a minor and that the Virginia General Assembly would likely have authority under the Lawrence decision to pass a new law specifically outlawing sodomy between an adult and a minor.

Gay What?

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