Virginia’s most famous anti-LGBTQ delegate offers vague bill aiming to curb state protections for LGBTQs
A myriad of federal protections were granted to LGBTQ Americans after January 1st, 2012, and a NOVA elected official is hoping to make sure none of them make it to the Commonwealth.
Delegate Bob Marshall, who’s made more headlines on GayRVA for anti-LGBTQ legislation than any one person ever should, has submitted HB 77 for the 2016 General Assembly session and the bill appears to have a specific purpose: block LGBTQ protections created by the federal government now and forever.
In it’s own words, the bill “Provides that for the purposes of the Virginia Human Rights Act, an “unlawful discriminatory practice” shall not include conduct that violates any federal administrative policy, rule, or regulation adopted on or after January 1, 2012.”
“Bob Marshall clearly doesn’t understand the way the law works,” said Virginia ACLU Executive Director Clair Gastanaga in an email. “He might not like the way federal civil rights laws are being interpreted by the [Equal Employment Commission], the Department of Justice and the courts, but rewriting the state code is a futile attempt to hold back equality and should be rejected.”
The folks at Blue Virginia compiled some of the protections which were put into federal law, or put in place by executive order, after 01/01/12, and therefore would be ignored if Marshall’s bill passes:
- According to the U.S. Equal Employment Opportunity Commission (EEOC) website: “In 2012, the EEOC held that discrimination against an individual because that person is transgender (also known as gender identity discrimination) is discrimination because of sex and therefore is prohibited under Title VII. See Macy v. Department of Justice, EEOC Appeal No. 0120120821 (April 20, 2012). The Commission has also held that discrimination against an individual because of that person’s sexual orientation is discrimination because of sex and therefore prohibited under Title VII. See David Baldwin v. Dep’t of Transportation, EEOC Appeal No. 0120133080 (July 15, 2015).”
- From the U.S. Department of Labor: “On July 21, 2014, President Obama signed Executive Order 13672, amending Executive Order 11246, to prohibit federal contractors and subcontractors from discriminating on the basis of sexual orientation or gender identity. The Executive Order directed the Secretary of Labor to prepare regulations implementing the new protections. As a result, the Department of Labor published a Final Rule in the Federal Register on December 9, 2014, changing OFCCP’s regulations to require federal contractors and subcontractors to treat applicants and employees without regard to their sexual orientation or gender identity. The amended regulations took effect on April 8, 2015.”
If Marshall’s bill is passed, all of these protections would be null and void in the commonwealth, but that’s not all it would affect. According to Norfolk Attorney Michael Hamar, he could undo legislation benefiting women as well.
“It would also knock out regulations and policies not just beneficial to LGBT individuals,” Hamar said in an email. “His language covers all post 2012 regulations that deal with sex or gender.”
Delegate Marshall was contacted for comment, but had not returned phone calls by press time. We will update this post if and when he provides a comment.
HB 77 has not been assigned to a committee yet, but GayRVA will follow this bill as it advances through the GA this session.
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