VA Senate: Ban Conversion Therapy, Set Transgender Policy, Repeal Gay Marriage Ban

For twenty six years, the Virginia GOP - pushed by the hate merchants at The Family Foundation - sought to make life hell for LGBT Virginians and blocked every effort to end anti-gays laws.  Indeed, between 2004 and 2006, the Virginia GOP pushed an aggressively anti-gay agenda culminating in the now unconstitutional ban on same sex marriage.  The newly Democrat controlled Virginia General Assembly is moving to reverse all of this discriminatory legislation as well as ban fraudulent "conversion therapy" so loved by charlatans among the professional Christian crowd and knuckle dragging evangelicals. It is truly the eve of a new day in Virginia when the state will at last move out of the 1950's, if not the 1800's.  Numerous news outlets are reporting on votes in the Virginia Senate that will end the Virginia GOP's horrible policies of licensing hate and bigotry. The queen of hate, Victoria Cobb, president of The Family Foundation must be beside herself that LGBT Virginians will soon have equality under the state's laws. Both the Virginia Mercury and the Washington Post have stories.  Passage in the House of Delegates is expected and Governor Northam will sign them measures into law. Here are highlights from the Mercury:

A suite of LGBT-friendly legislation cleared the Virginia Senate on Tuesday.

Lawmakers voted to:

• ban health professionals like counselors and psychologists from performing conversion therapy on anyone under age 18,
• create uniform policies for transgender students attending public schools,
• make it easier for transgender people to change the gender on their birth certificates and
• remove language from the state code banning gay marriage.

The gay marriage ban has already been invalidated by a 2015 Supreme Court ruling and advocates said the state code should reflect that.

“Right now same-gender marriage is legal in Virginia as it is throughout the country, and the code of Virginia needs to have legal ambiguity removed,” said Sen. Adam Ebbin, D-Alexandria, who sponsored the measure and is the first openly gay person elected to the Virginia General Assembly.

The measure passed 25-13, with only Republican members opposing.

The ban on conversion therapy saw the most opposition among Republicans, with 18 members opposing and one, Sen. Jill Vogel, not voting.

The ban would only apply to minors and does not apply to non-health professionals such as religious leaders. It specifically excludes “counseling that provides acceptance, support and understanding of a person or facilitates a person’s coping, social support and identity exploration and development.”

Sen. Jennifer Boysko, D-Fairfax, proposed the legislation addressing birth certificates and school board policies.

Under her proposal, a person who transitioned genders would be able to get a new birth certificate reflecting their new identity. She said during a committee hearing last week that the change aims to address problems transgender residents sometimes face when key documents like drivers licenses and birth certificates don’t match.

The legislation requires “an affidavit provided by a health care provider from whom the person has received treatment stating that the person has undergone clinically appropriate treatment for the purpose of gender transition.”

The bill addressing school policies for transgender students directs the Board of Education to develop a model policy covering issues ranging from how students are identified and dress codes to prevention and responses to bullying and harassment.

School Boards around the state would be required to adopt “policies that are consistent with but may be more comprehensive than” the model policies by the beginning of the 2021-2022 school year.

All four pieces of legislation must now be adopted by the House of Delegates to make it to Gov. Ralph Northam’s desk.

As the Post piece notes, another measure would eliminate "husband and wife" language in the Virginia Code and substitute "parties to marriage" to make Code provisions reflect the existence of same sex marriage.  Republicans had blocked this change since 2015 when Virginia's gay marriage ban was declared unconstitutional.  Here are excerpts from the Post:

The chamber also voted to replace “husband and wife” with gender-neutral “parties to the marriage” language in divorce law and make it easier for transgender people to change how their sex is listed on their birth certificates.

The bills now move to the Democratic-controlled House of Delegates, where they are expected to get a warm reception.

Advocates for expanded LGBT rights have long been stymied by the General Assembly, where Republicans have controlled at least one chamber for the past quarter-century.