Better Know a Committee: House General Laws

Yesterday, Feb. 11, was Crossover Day, marking the day when two pro-LGBT pieces of legislation that passed the Virginia Senate began to work their way through the House.

Q: What is “crossover” and what does it mean?

A: Basically, that all pieces of legislation passed in one chamber go to the other chamber for consideration. Then, the committee process starts all over again on the other side of the State Capitol.

Q: How long is the legislative session? 

A: Forty-five consecutive days, with the last day being Feb. 27. So, if you’re a House member and you wanted your bill passed, it had to be acted upon as of Tuesday, Feb. 10. From then on, only legislation passed by the Senate can be considered — except for the budget bill, which always gets amended as both chambers try to build a solid budget for the next year. Except for social issues, the budget is where lawmakers from either side of the aisle (and, sometimes, from either chamber, even when controlled by the same party) will butt heads. And that’s before the governor (currently, Democrat Terry McAuliffe) decides to sign or veto any legislation.

Q: What does this mean for LGBT legislation?

A: Two bills passed the Senate: SB785 and SB1211. All House bills having to do with expanding LGBT rights were killed, but, conversely, so were two discriminatory measures introduced by Del. Bob Marshall (R-Manassas Park, Sudley, Bull Run) that would have allowed LGBT discrimination by agencies that contract with the government and by any individual or business who is licensed or certified by the state, respectively.

Q: What do the two Senate bills do?

A: SB785 makes it illegal to discriminate in public employment against anyone based on their sexual orientation or gender identity. It passed the Senate, 19-19, with Lt. Gov. Ralph Northam casting the tie-breaking vote. Northam touted that vote in an email to supporters, asking them to contact legislators to support some bills and defeat others that he sees as harmful or problematic to the commonwealth. In advocating for SB785, Northam said, “Employment discrimination in any form is unacceptable, and as Virginians, we need to hold ourselves to higher standards.”

SB1211 seeks to amend the Code of Virginia and eliminate any gender-specific references that predate marriage equality. Instead, those gender-specific terms like “man and woman” and “husband and wife” would be replaced by gender-neutral terms like “parent” and “spouse.” This is important because these statutes often affect various aspects of a couple’s life beyond marriage, including inheritance rights, ability to be on a spouse’s health care plan, and adoption or surrogacy. It passed the Senate by a 20-18 vote.

Q: So where do the bills go when they end up in the House?

A: SB785, the employment nondiscrimination bill, has been assigned to the House Committee on General Laws. SB1211 has been assigned to the Committee on Courts of Justice. For this article, let’s focus on the nondiscrimination bill, which is considered the top priority of LGBT rights advocates in the commonwealth.

Here are the members of the House Committee on General Laws. There are 22 in all, 15 Republicans and 7 Democrats. (Republicans control the House, 67-32, with 1 independent who votes with Democrats.) As a result, the nondiscrimination bill is thought to face an uphill battle, as it would need five votes to emerge from subcommittee, 12 votes to emerge from the full committee, and then 51 delegates voting in favor of it to pass. Groups like the Family Foundation of Virginia, a right-wing lobbying and policy organization, and the Catholic Conference have opposed any measures that seek to expand or enumerate rights for LGBT people, and hold significant sway among Virginia General Assembly lawmakers.

Q: Wait — quick question. Why do those organizations have such clout?

A: The policies they promulgate are bread-and-butter for conservative voters, particularly in primary elections. As such, most legislators follow these organizations’ demands to avoid a potential primary challenge. The Family Foundation, in particular, issues a semi-annual Report Card grading lawmakers on their votes for or against what it feels is “pro-family” legislation. According to the organization’s own website, in 2009 — which was a governor’s election as well as when a number of Republican delegates won their seats prior to the most recent round of redistricting — the Family Foundation distributed more than 100,000 report cards to voters as a means of educating them (and hopefully swaying them to vote for social conservatives — keep in mind: this was the year that Gov. Bob McDonnell and former Attorney General Ken Cuccinelli were elected statewide in landslides.). The organization even bragged on its website last year about its success in holding legislators accountable:

“The Report Card also serves as a reminder to legislators that they can’t hide from the public. Every session our legislative team is asked over and over again by legislators, ‘Will this be a score card vote?’ The message is: the Report Card matters. Legislators, at least those who are in more conservative districts, want to be able to prove their pro-family “credentials” with a good score. On the flip side, more liberal legislators often trumpet their low scores as proof of their “progressive” values. All in all, everybody wins!”

Q: So back to the committees…

A: The nondiscrimination bill has been shuttled to Subcommittee #4, where it is scheduled for a hearing today, Thursday, Feb. 12, following the adjournment of the meeting of the full Committee on General Laws. Unlike the Senate, where a subcommittee’s recommendation generally goes back to the full committee for them to vote on, House subcommittees are, more often than not, used to table legislation (essentially, halt its progress indefinitely), usually at the request of the majority party’s leadership, led by Speaker Bill Howell (R-Fredericksburg, Stafford, Aquia Harbor). Despite more than a third of the full committee being from Northern Virginia, including a significant number of Republicans, only two lawmakers from the state’s northern environs are on the subcommittee that typically hears bills related to civil rights, nondiscrimination, fair housing, and the like.

Okay, let’s begin introducing you to the subcommittee members, shall we?

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Delegate: L. Nick Rush

Party affiliation: Republican

Communities represented: Christiansburg, Pulaski, Floyd

General record on LGBT issues: Mostly unfavorable

Rush, the chairman of Subcommittee #4, voted in 2013 for an anti-bullying bill, that, while non LGBT-specific, allows individual school districts to set forth their own enumerated policies, which may or may not include protections for youth based on their sexual orientation and gender identity. While most House members were likely unaware of this fact, advocates on the ground prefer giving each school system its own degree of self-determination because it’s easier to pass such policies on a local level than expecting the (generally hostile) General Assembly to come around anytime soon. Rush voted against openly gay judge Tracy Thorne-Begland in 2012, leading to the defeat of the judge’s nomination. He later reversed his vote in 2013 when Thorne-Begland’s nomination was reconsidered. Otherwise, Rush, who represents a mostly rural district in southwestern Virginia, has generally voted against the LGBT community.

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Delegate: Richard “Dickie” Bell

Party affiliation: Republican

Communities represented: Staunton, Waynesboro, Monterey

General record on LGBT issues: Hostile

What more to say? Bell voted for the non-enumerated anti-bullying bill. Otherwise, he’s pretty much a reliable vote for religious conservatives and the Family Foundation. He earned a perfect score of 100 on their 2012-2013 legislative Report Card. 

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Delegate: Tommy Wright

Party affiliation: Republican

Communities represented: Victoria, Boydton, Nottoway, Cumberland, Amelia Court House

General record on LGBT issues: Hostile

Wright is another legislator with a perfect 100 rating on the Family Foundation’s Report Card. He voted against Thorne-Begland’s nomination to the bench, for allowing child placement agencies to discriminate against LGBT adoptive or foster parents, and has not indicated any support for nondiscrimination legislation.

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Delegate: Barry Knight

Party affiliation: Republican

Communities represented: Virginia Beach, Chesapeake

General record on LGBT issues: Generally unfavorable

Knight represents a Republican-leaning district in a very Republican-leaning area of the state, so he’s likely to try and protect himself from a primary challenger. He has generally shown no interest in LGBT-related legislation. He voted for the non-enumerated anti-bullying bill, and for Tracy Thorne-Begland’s nomination to the Richmond General District Court in 2013, but only after voting against the judge in 2012.

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Delegate: David Ramadan

Party affiliation: Republican

Communities represented: South Riding, Sterling, Gainesville, Haymarket

General record on LGBT issues: Hostile

Ramadan is one of those surprise legislators, where many people assume he’d be more moderate on social issues than he actually is. But as Equality Virginia Executive Director James Parrish has noted, just because a lawmaker is from Northern Virginia doesn’t mean he (or she) is LGBT-friendly. Ramadan voted against Thorne-Begland’s nomination twice, has refused to support nondiscrimination legislation, and has voted for and defended anti-gay legislation. He received a perfect 100 on the Family Foundation’s Report Card for the 2012-2013 legislative session. He has previously refused to guarantee he will not discriminate based on sexual orientation and gender identity in his personal hiring practices. 

Ramadan also has the distinction of being one of a few Northern Virginia Republicans whose opponent was endorsed by Equality Virginia PAC in 2013. While EVPAC simply declined to endorse in races featuring other Republican delegates like David Albo, James LeMunyon and Tom Rust, it outright endorsed Ramadan’s opponent. In contrast, even though Del. Tim Hugo (R-Clifton, Centreville, Gainesville) voted against every one of Equality Virginia’s priorities, even against the anti-bullying bill, the PAC did not endorse his opponent. As a result, Ramadan was one of only three Northern Virginia legislators who were outright rejected by EVPAC and fiercely targeted by LGBT advocates.

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Delegate: M. Keith Hodges

Party affiliation: Republican

Communities represented: Urbanna, Gloucester Courthouse, Mathews, Tappahannock

General record on LGBT issues: Somewhat unfavorable

Hodges voted against Thorne-Begland’s nomination to the bench in 2012, and then reversed course in 2013. He voted for the anti-bullying bill, and is not thought to be a supporter of nondiscrimination. Overall, he’a a standard boilerplate conservative politician.

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Delegate: Delores McQuinn

Party affiliation: Democratic

Communities represented: Richmond City, Montrose, Bellwood

General record on LGBT issues: Friendly/Ally

McQuinn has been a supporter of LGBT rights during her time in the General Assembly. She received a 100 percent rating from Equality Virginia on its annual legislative scorecard, and has consistently voted in favor of pro-LGBT legislation.

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Delegate: Kaye Kory

Party affiliation: Democratic

Communities represented: Falls Church, Lake Barcroft, Annandale

General record on LGBT issues: Friendly/Ally

If Bell, Ramadan and Wright are praised by conservative groups for their voting records, Kory’s is the voting record that gives the Family Foundation nightmares. Earning a zero on their 2014 Report Card, Kory, who represents the close-in D.C. suburbs, regularly supports inclusive legislation. In 2013, she earned a 100 percent from Equality Virginia Advocates.

While the nondiscrimination bill is likely to die in subcommittee, given the eight lawmakers that will hear it first, sometimes it helps to know who else sits on a committee, because even if they are unable to sway their colleagues to hear a bill (and nothing moves a legislators quite like a firm yet polite phone call from a passionate constituent who indicates they will be doing their own “scoring” of who is deserving of their vote come next election), their lack of inaction or willingness to advocate for a bill can also speak volumes about their true intentions.

So, with that said, here are some things you might want to know about the rest of the committee members.

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Delegate: Joseph Yost

Party affiliation: Republican

Communities represented: Blacksburg, Pearisburg, Radford

General record on LGBT issues: Favorable

Yost has been one of the few GOP delegates to be a strong advocate for LGBT rights. He supports repealing the Marshall-Newman Amendment to the Virginia Constitution that bans same-sex marriage and recognition of LGBT relationships, something that helped him earn the endorsement of Equality Virginia PAC in the 2013 election. He supports nondiscrimination, and was a vocal opponent of HB1409, a Bob Marshall bill that would have allowed contractors with the state to discriminate against LGBT people, helping defeat the measure in subcommittee. He voted twice in favor of confirming Tracy Thorne-Begland to the Richmond District Court bench, as well as in favor of the bullying bill. He also pledged not to discriminate based on sexual orientation and gender identity in hiring for his office staff, and was a co-patron of last year’s nondiscrimination bill, which dealt with state employment.

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Delegate: C. Todd Gilbert

Party affiliation: Republican

Communities represented: Woodstock, Front Royal, Luray

General record on LGBT issues: Highly unfavorable

Gilbert has voted against almost every piece of pro-LGBT legislation to come before the General Assembly during his tenure. Gilbert, the chair of the Committee on General Laws, has also been the lead patron of bills that allowed adoption and foster care agencies to discriminate against prospective LGBT parents, and that would allow on-campus student groups to discriminate against LGBT people without the threat of reprisal from universities or colleges. His stances on conservative legislation and his advocacy in favor of their passage were considered so valuable that he was named the Family Foundation of Virginia’s 2013 Legislator of the Year. In short, he’s not supporting SB785 anytime soon.

Gilbert’s one bright spot came when he voted to confirm Tracy Thorne-Begland in 2013, after not voting on the nomination in 2012. While he did not vote against the nomination, as 31 of his colleagues did, Virginia blogger Waldo Jaquith later noted that Gilbert, and a few others, were conspicuously absent during the Thorne-Begland vote but were present and on record for votes — both before and after — that occurred within a matter of seconds of when Thorne-Begland’s nomination was considered.

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Delegate: Roxann Robinson

Party affiliation: Republican

Communities represented: Chesterfield, Dale

General record on LGBT issues: Mixed

Roxann Robinson represents some of Richmond’s western suburbs. She was one of several “vote-flippers” who voted against openly gay judge Tracy Thorne-Begland’s nomination to the bench in 2012, only to support him in 2013. She has voted in favor of anti-bullying bills, and an amendment to the budget last year that would have prohibited discrimination in state employment. She was instrumental in shutting down HB1409 allowing discrimination by state contractors as a member of House General Laws Subcommittee #2. However, she’s also voted to allow discrimination in adoption and on college campuses, and has not historically been a supporter of marriage equality.

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Delegate: Thomas “Tag” Greason

Party affiliation: Republican

Communities represented: Potomac Falls, Ashburn, Broadlands

General record on LGBT issues: Mixed, but leans unfavorable

Tag Greason is another Northern Virginia Republican who at times seems much more conservative on LGBT issues than his constituents, many of whom voted for Sen. Jennifer Wexton (D-Leesburg, Sterling, Herndon), an LGBT ally, to represent them in the upper chamber. Greason was on the subcommittee that killed the discrimination in contracting bill by a voice vote — but it is not clear if he was as opposed as fellow subcommittee members LeMunyon, Yost and Robinson, who have at least been public about voting in favor of nondiscrimination amendments or bills. That said, Greason, back in 2012, was one of the few General Assembly members, let alone Republicans, to sign a statement provided to Equality Virginia vowing not to discriminate in the hiring of his personal office staff based on their sexual orientation or gender identity. He was another “vote-flipper” who initially voted against, but later voted in favor, of Tracy Thorne-Begland’s judicial nomination. He supported the conscience clause exemption allowing child placement agencies to discriminate against prospective parents, and in favor of allowing on-campus groups to discriminate based on religious or moral beliefs.

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Delegate: David Bulova

Party affiliation: Democratic

Communities represented: Fairfax City, Braddock, Centreville

General record on LGBT issues: Mostly favorable/friendly

Like most Northern Virginia Democrats, Bulova has been a supporter of the LGBT community. His one dark mark on his record was voting for the student groups discrimination bill. Some Democrats voted for the bill because they were sold on the idea of allowing political student groups to discriminate based on beliefs or ideology (as in ensuring that “moles” or operatives from the opposing party aren’t infiltrating political activities), without considering that it would also allow discrimination against LGBT students by those claiming religious or moral objections.

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Delegate: David Albo

Party affiliation: Republican

Communities represented: Springfield, West Springfield, Lorton, Fort Belvoir

General record on LGBT issues: Mixed

Albo is to Virginia what U.S. Sen. John McCain (R-Ariz.) is to national Sunday talk shows: one of the media’s favorite Republicans. Outlets like The Washington Post are constantly holding him up as an ideal example of a moderate conservative. Yes, Albo supported Thorne-Begland twice, as well as the anti-bullying legislation and voted for both the nondiscrimination amendment to the budget last year and an amendment to the “conscience clause” adoption bill (which failed) that would have prevented LGBT-identified children from being placed with prospective parents who believe homosexuality is a choice or can be “cured” or changed. But he also voted for the final conscience clause bill, the student discrimination bill, and has failed to lead on the issue of nondiscrimination, instead allowing colleagues from more conservative areas, like Yost or Del. Ron Villanueva (R-Virginia Beach, Chesapeake) to be the lead patrons of pro-LGBT bills. Albo is also chairman of the House Committee on Courts of Justice, meaning he’s a member of leadership in the House, so you’d think he’d have more influence on the rank-and-file members of his party, or at least have Speaker Howell’s ear. In short, he votes the right way, but as the Family Foundation advised its own followers last year, “Don’t just read the final score. Watch the whole game.”

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Delegate: Rich Anderson

Party affiliation: Republican

Communities represented: Woodbridge, Lake Ridge, Nokesville 

General record on LGBT issues: Unfavorable

Anderson is another Northern Virginia Republican in the mold of Ramadan. He generally votes against all LGBT-related legislation. He was on the subcommittee that tabled one of Bob Marshall’s bills, but it was unclear if he opposed it or whether he was just outvoted by his fellow Republicans. He did issue a generic statement in 2012 promising not to discriminate in hiring, but that statement did not directly address sexual orientation or gender identity. Otherwise, he’s usually a reliable “no” vote.

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Delegate: Luke Torian 

Party affiliation: Democratic

Communities represented: Woodbridge, Dale City, Dumfries, Triangle

General record on LGBT issues: Friendly/mostly favorable

Torian is a Northern Virginia Democrat who has generally been supportive of LGBT issues. In 2012, he did not issue a statement promising not to discriminate in hiring of his personal office staff, but he was a newly elected legislator at the time. Since then, he’s earned 100 percent ratings from Equality Virginia Advocates on its legislative scorecard.

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Delegate: James LeMunyon

Party affiliation: Republican

Communities represented: Oak Hill, Chantilly

General record on LGBT issues: Mixed

LeMunyon’s record on LGBT rights is better than that of most General Assembly Republicans. He’s voted in favor of most pro-LGBT amendments or pieces of legislation when he gets the opportunity. Like Albo, he strays from his party on certain votes, but has not established himself as a leading Republican voice, unlike some of his colleagues from more conservative areas. In 2013, Del. R. Lee Ware, a conservative from Powhatan County, outside of Richmond, signed on as a co-patron of a bill prohibiting discrimination in state employment. But LeMunyon, along with some other Northern Virginia Republicans, was conspicuously missing from the ranks of co-patrons.

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Delegate: Betsy Carr

Party affiliation: Democratic

Communities represented: Richmond, Chesterfield

General record on LGBT issues: Friendly/Ally

Betsy Carr, like her fellow Richmond delegates, is a strong supporter of LGBT rights. She received a perfect 100 rating in 2013 from Equality Virginia Advocates.

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Delegate: Daun Hester

Party affiliation: Democratic

Communities represented: Norfolk

General record on LGBT issues: Friendly/Ally

Since her election in 2012 to replace Kenneth Alexander, who was elected to the Virginia Senate, Hester has been as reliable an ally as any person in the General Assembly. Her district contains the Ghent area of Norfolk, an area known for being LGBT-friendly. Hester received a 100 rating from Equality Virginia prior to the 2013 election for her support of pro-gay bills and her opposition to discriminatory measures. She was a supporter of marriage equality even before it became legal in the Old Dominion.

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Delegate: Gordon Helsel

Party affiliation: Republican

Communities represented: Poquoson, Hampton, Grafton

General record on LGBT issues: Mixed

Helsel was one of the “vote-flippers” on Tracy Thorne-Begland’s nomination from 2012 to 2013. He voted for the anti-bullying bill and promised not to discriminate in his staff hiring based on sexual orientation and gender identity. But he also supported the conscience clause exemption for child placement agencies, the student group discrimination bill, and has not indicated any support for marriage equality. He has previously co-patroned some pro-LGBT bills in previous sessions, but has not done so this year. His stance on prohibiting discrimination in public employment — a step beyond last year’s bill that just applied to state employees — is unknown.

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Delegate: Jeion Ward

Party affiliation: Democratic

Communities represented: Hampton

General record on LGBT issues: Friendly/Ally

Ward is a dream come true for the LGBT community, supporting every piece of pro-LGBT legislation that has come before the General Assembly during her tenure. She was also an advocate of marriage equality and repealing the Marshall-Newman Amendment well before it was declared unconstitutional by a federal judge and overturned last October.

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Delegate: Christopher Peace

Party affiliation: Republican

Communities represented: Mechanicsville, New Kent, King William

General record on LGBT issues: Mixed

Peace shows some promise of one day being a Republican ally when it comes to LGBT issues. He voted to confirm Tracy Thorne-Begland, supported the anti-bullying bill, and vowed not to discriminate in hiring office staff based on sexual orientation or gender identity. That said, he’s largely voted lockstep with his party on other LGBT-related bills, but at least he’s not completely hostile to LGBT people. The biggest disappointment regarding Peace this year came when Peace, as subcommittee chairman, led the move to table a bill patroned by Del. Patrick Hope (D-Arlington) that would have prohibited the practice of conversion therapy — or other efforts aimed at changing sexual orientation or gender identity — on minors.

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Q: So what’s the end result? 

A: While it is likely that employment nondiscrimination will fail during Thursday’s subcommittee meeting, it is perhaps interesting — and disheartening — to note that there is a potential for the bill to pass were it to be heard by the full committee. If at least five Republicans voted with all seven Democrats in favor, the bill would move out of committee and could potentially receive a floor vote. If you take into account any Republican on the committee who has made overtures to being sympathetic to LGBT rights, even those with mixed records, there could be as many as seven Republican votes in favor. Unfortunately, for Virginia, it appears that advocates will just have to try again and harder next year — after this November’s legislative elections. 

Q: So all of these delegates have to stand for re-election this fall?

A: All 40 senators and all 100 delegates. And although political parties always eschew social issues as a campaign issue in favor of issues like education, health care, and spending, LGBT allies would be insane not to at least mention any anti-gay votes as a way of painting their opponents as too extreme or out-of-step with their district, particularly in more liberal areas like Northern Virginia, Richmond or Hampton Roads.