Thursday, January 07, 2010

Loudoun County Enacts Nondiscrimination Protections Based on Sexual Orientation and Gender Identity

As I have noted many times, Virginia is an extremely unfriendly state if one happens to be an LGBT citizen. There are ZERO state laws that protect us from employment or housing discrimination and the newly elected statewide officials have severe difficulty understanding the concept of religious freedom for anyone other than Bible beaters and ultraconservative Catholics. Thus, the only protections one can hope for come from local municipalities that grant such employment protections. Each week I receive calls from LGBT individuals considering a move to Virginia and to be candid with them I have to tell them that they will have little protections under the law in Virginia. Indeed, I typically suggest that they look elsewhere if they want a gay friendly legal climate. Loudoun County in Northern Virginia has figured out that Virginia's unfriendly climate makes that county non-competitive in the workplace recruiting world and just passed its own local non-discrimination protections for county employees. Naturally, the Bible beaters are incensed. The Loudoun Independent has a great editorial taking the homophobes to task. Here are some highlights:
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It seems outrageous, but prior to this week it was a perfectly plausible outcome for an employee of the Loudoun County government who happened to be gay or lesbian. There will doubtless be those who become histrionic about a Jan. 5 decision by the Board of Supervisors to enact a county policy not to discriminate based on sexual orientation or gender identity, claiming either that gays and lesbians are being given “special rights” or that the decision adds to the moral decay of the country by condoning a certain lifestyle. There is credence in neither argument.
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Talking to reporters after Tuesday's vote, Board Chairman Scott York (I-At Large) derided the motion, stating that it was unnecessary and that the discussion was “a waste of 20 minutes."
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This is the response of someone who does not understand the issue. Virginia has passed legislation banning same-sex marriage and has consistently not acted to protect the constitutional rights of gays and lesbians. (Although, Gov. Tim Kaine did mandate in 2006 that state agencies not discriminate based on sexual orientation.) In the most recent election, Virginia elected three socially conservative officials for Governor, Lt. Governor and Attorney General. While social conservative ideals were not part of the storefront of their respective campaigns, none of them are likely to defend the rights of gays and lesbians. Attorney General-elect Ken Cuccinelli (R) is on record with his belief that state policies should reflect his belief that “homosexual acts are wrong.”
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With that in mind, existing county employees and qualified applicants researching Virginia’s current approach to equal protection for gays and lesbians might feel that having a nondiscrimination policy in writing is extremely comforting. Those listening to the borderline-incomprehensible arguments against the proposal by Supervisor Eugene Delgaudio (R-Sterling) would likely demand that those protections be in place.
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A strong nondiscrimination policy attracts stronger applicants (gay and straight) and it allows those gays and lesbians already working for the county a sense of respect and security that will allow them to dedicate themselves to their jobs. The decision to add sexual orientation and gender identity to the county’s nondiscrimination policy tells residents and employees that so long as you do your job well and pay your taxes, then you’re welcome here. It may have been true before, but sometimes it’s nice to say it out loud. Was it a waste of time to guarantee that Loudoun continues to not discriminate?
Absolutely not.
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Virginia cities like Norfolk and Hampton need to wake up to the fact that they need to move into the 21st century and enact similar protections. Otherwise top employment candidates will continue to move elsewhere and Virginia will continue to have its most talented LGBT citizens often decide to leave the state.

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