Showing posts with label Executive Order 1 (2006). Show all posts
Showing posts with label Executive Order 1 (2006). Show all posts

Friday, March 12, 2010

Possible Radio Interview

It seems thatat last some are realizing that a case involving employment discrimination based on sexual orientation is actually pending in the Virginia Courts - i.e., Moore V. Virginia Myseum of Natural History. I received an e-mail from a Richmond radio station seeking an interview. Here are highlights:
*
Dear Mr. Hamar:
*
It's my understanding you represented a gentleman by the name of Michael Moore who was dismissed by the supervisor at the Virginia Museum of Natural History in Martinsville Circuit Court. Obviously, as an attorney who's experienced the situation first-hand, I would honor the opportunity to speak with your for a radio news story on the situation... even under what was then Governor Kaine's executive order. I think you'll have a lot to say about a need to codify anti-discrimination based on sexual orientation.
*
News Anchor/Reporter
WRVA Radio/Virginia News Network
*
What is interesting in this case is that the Attorney General's office is making arguments directly opposed to statements made in McDonnell's Executive Directive 1 (2010). I hate interviews and hope this one will be on the air so that my statements do not get revised bu reporters less knowledgable on the issues. I will keep readers posted.

Wednesday, March 10, 2010

Bob McDonnell beginning to flinch?

This post is cross posted from The Bilerico Project and also includes an update in the form of the directive that Virginia Governor Bob McDonnell. The directive flies in the face of an attorney general opinion McDonnell issued as Attorney General attacking former Gov. Tim Kaine's Executive Order 1 (2006), which is the subject of a case now pending before the Virginia Supreme Court. It also contradicts the opinion issued by current Virginia Attorney General "I'm a Kool-Aid Drinker" Cuccinelli. Here's the post:
*
With all Hell breaking loose at colleges and universities and even some Republican members of the Virginia General Assembly seeking to insert gay non-discrimination protections in pending legislation, Bob "Taliban Bob" McDonnell has issued what some are calling an edict (others a directive) barring all forms of discrimination in Virginia's governmental offices. This action would seem to be a direct blow to Attorney General Ken Cuccinelli who inflamed the issue last week with his directive to Virginia's public colleges and universities to rescind their non-discrimination policies that made sexual orientation a named protected category. Only time will tell if this action can stem the firestorm that McDonnell and Cuccinelli have unleashed on themselves and the GOP in Virginia. Hopefully, but most of us see McDonnell's action as too little too late.
*
Both the Virginia Pilot and the Richmond Times Dispatch have stories. First highlights from the Richmond Times Dispatch:
*
In an executive directive sent today to all state employees, Gov. Bob McDonnell projected his strongest stance yet on non-discrimination in the workplace, but stopped short of calling for the legislature to add a protection based on sexual orientation.
*
"Employment discrimination of any kind will not be tolerated by this administration," it states. "Consistent with state and federal law, and the Virginia and United States Constitutions, I hereby direct that the hiring, promotion, compensation, treatment, discipline, and termination of state employees shall be based on an individual's job qualifications, merit and performance.
*
"No employee of the Executive Branch shall engage in any discriminatory conduct against another employee." The first Executive Directive from McDonnell further states that "any cabinet member, agency head, manager, supervisor or employee who discriminates against a state employee or prospective employee in violation of the law or this standard of conduct shall be subject to appropriate disciplinary action, ranging from reprimand to termination."
*
On the House of Delegates floor this afternoon, Dels. Joseph D. Morrissey, D-Henrico, and David L. Englin, D-Alexandria, called on the governor to send a bill to the General Assembly before it adjourns on Saturday to add sexual orientation as a protected class in the state code. Just this week, the Republican-majority House refused to act on a tabled bill that would have added that protection to the state code. . . . At Virginia Commonwealth University, meantime, more than 1,000 people turned out to protest Cuccinelli's opinion.
*
The Virginian Pilot is also carrying the story. Here are highlights from that coverage:
*
In a strongly worded edict, Gov. Bob McDonnell today instructed state agencies not to discriminate against gay and lesbian workers during the hiring process or in the workplace.
*
His directive comes in the wake of a recent firestorm ignited after Attorney General Ken Cuccinelli wrote to Virginia college and university officials telling them they lack the legal authority to adopt employment policies with protection for gay workers.
*
While McDonnell's missive takes a strong stand on Virginia's non-discrimination posture, it doesn't carry the weight of law, as an executive order does.
*
Earlier Wednesday, Sen. Tommy Norment tacked a sexual orientation amendment onto an economic development bill from the McDonnell administration as it passed out of the Senate Finance Committee. The James City County Republican altered legislation that would give the governor greater flexibility to offer financial incentives to attract companies to Virginia.
*
It is widely viewed as vehicle to recruit defense giant Northrop Grumman, which is considering Virginia as a site for a new headquarters.

*
Inasmuch as the question of the strength of an Executive Order is now pending before the Virginia Supreme Court, equality advocates need to insist on legislative action. The irony, of course, if this happens will be that Cuccinelli's overreaching with the backing of The Family Foundation might prove to be the undoing of The Family Foundation's anti-gay agenda. Here is the text of McDonnell's Directive:



Friday, February 26, 2010

Bob McDonnell is More Honest Than Tim Kaine

Like many, I am unhappy with Virginia Governor Bob McDonnell's decision to exclude sexual orientation non-discrimination protections from his new executive order that replaces predecessor orders signed by former governors Mark Warner (now in the U. S. Senate) and Tim Kaine (now DNC chair). I believe that the Virginia General Assembly needs to trump McDonnell and pass legislation that would give gay state employees true employment non-discrimination protections. Until that day occurs, an Executive Order signed by the Governor may give the appearance of protection, but I had the experience to see first hand just how ineffectual Kaine's Executive Order 1 (2006) was in practice and how former Governor Kaine made no serious effort to back the Executive Order's enforcement. The following is a press release authorized by my client, Michael Moore:
*
PRESS RELEASE
*
There has been much discussion in the media concerning Virginia Governor Bob McDonnell’s exclusion of sexual orientation from his new Executive Order which supersedes Executive Order 1 (2006) signed by former Governor Tim Kaine at the beginning of Kaine’s administration. Unfortunately, what is missing from the discourse is the ineffectiveness of Executive Order 1 (2006) and former Governor Kaine’s apparent utter failure to stand behind his own executive order. In the case of Moore v. Virginia Museum of Natural History now pending before the Supreme Court of Virginia, Michael Moore, who was fired by the Virginia Museum of Natural History located in Martinsville, Virginia, because he is gay sought protection under Executive Order 1 (2006). Throughout the administrative complaint process under Executive Order 1 (2006), Governor Kaine’s office was kept regularly up to date. Yet, despite the “Three Stooges” like nature of process as handled by the Virginia Department of Human Resource Management (“DRHM”), Governor Kaine did nothing to seek adherence to his executive order - even though the head of the Department of Natural Resources which oversees the Museum was Kaine’s own appointee.
*
On appeal from the determination of DHRM which found improper discrimination against Moore based on his sexual orientation, but up held Moore’s dismissal on the basis of other false and fabricated allegations by Museum staff (which were inconsistent on their face), the Circuit Court of the City of Martinsville found that Executive Order 1 (2006) gave Moore no cause of action and the Court, which ignored constitutional issues, dismissed Moore’s appeal. The Virginia Court of Appeals side stepped the case and now the matter sits before the Supreme Court of Virginia waiting for oral argument. Had Kaine actually stood behind Executive Order 1 (2006) and demanded accountability from his appointees, the case could have been easily resolved. In reality, Executive Order 1 (2006) was an empty political gesture. While Governor McDonnell’s attitude towards LGBT Virginians is deplorable, McDonnell is at least honest about his agenda. Governor Kaine merely gave LGBT Virginian’s a false hope that their civil rights might actually be protected.
*
For further information contact Michael B. Hamar- (757) 622-2008; mike@hamarlaw.com
*
Now Tim Kaine is DNC Chair and in that position he is showing a similar reluctance to take any real stand for LGBT Democrats. Is it any surprise that Congressional Democrats are waffling on the repeal of Don't Ask Don't Tell even though a majority of Americans believe the anti-gay ban needs to go? Talk and actions merely for show are cheap. With Kaine at the helm of the DNC it's no wonder that Obama feels he can continue to throw LGBT Americans under the bus.

Friday, January 15, 2010

2010 Legislative Outlook for LGBT Virginians

Virginia continues to be one of the worse states in the USA for gay employees. Between favoring "at will" employment and a total lack of employment non-discrimination protections, LGBT employees often face being fired because of their sexual orientation and are left with no legal recourse whatsoever. Incoming Governor Bob "Taliban Bob" McDonnell has indicated that he will not renew Executive Order 1 (2006) which purported to protect state employees which even if dubious effect - I just found out today that a case I am handling for a fired gay employee has been transferred from the Court of Appeals to the Virginia Supreme Court - it's existence at least may have had the effect of reigning in at least some homophobic state supervisory personnel. Now, as DC Agenda reports, Adam Ebbin - Virginia's sole gay member of the Virginia General Assembly - may introduce two gay affirming bills in the 2010 session of the General Assembly. Here are some story highlights:
*
Equality Virginia CEO Jon Blair said the two bills expanding workplace discrimination protections and permitting employee life insurance benefits for domestic partners were the lobby group’s top priorities with the best chance of passing in 2010. Other bills to be considered by committees, but with a more doubtful future, include extending reproductive technology access to unmarried couples.
*
Blair’s big-ticket item is passing a bill barring workplace discrimination based on sexual orientation and gender identity, enshrining in law former Gov. Tim Kaine’s executive order that incoming Gov. Bob McDonnell declined to continue. Like the executive order it will replace, if passed, the workplace protection will only cover public employees. Blair hoped, though, that step would be just the start.“Virginia is the only state in the nation where it is 100 percent legal to fire someone based on their perceived sexual orientation. Protected classes are race, gender, creed — those kinds of things,” he said.
*
The lobby group’s second priority this year is a group life insurance bill that would allow insurers and employers to mutually agree upon any group of people they’re willing to insure. . . . “Employees want it, employers want it, and insurers want it, and all we need is the General Assembly to bless it,” Blair said. “We’re not just talking about GLBT people here. Any person who has an otherwise qualified adult in their household who they want to provide insurance to, including straight couples.
*
“This isn’t just about recruiting new employees, either,” Blair said. “There are companies here that have more than one major headquarters and they cannot promote employees from one of those offices to their main headquarters here because employees will refuse the promotion based on losing their benefits. Because when they live in Montreal or Seattle or wherever they are allowed to provide benefits to those partners and when they move here they lose them.”
*
“When you explain the life insurance bill is revenue neutral and won’t cost employers anything, that means something,” he said. “When you can say a comprehensive non-discrimination policy is good for business and employers recruiting employees — and 88 percent of fortune 500 companies in Virginia already voluntarily have a non-discrimination policy because they on their own decided it was a good idea — that means something.”
*
The state’s only openly gay delegate, Adam Ebbin, a Democrat, noted that he felt there would be “more than one Republican” joining him in supporting both bills. “The insurance industry and business community very much support this. If people see the advantage of this bill for a wide variety of potential policy beneficiaries, I think it can pass.”

*
Sadly, I do get calls from employees who have employers wanting to promote them and move them to Virginia. The first question they ask is about employment protections and I have to tell them that the state provides them nothing. A number - not surprisingly - have decided to turn down the promotion and remain in more gay friendly states.

Wednesday, October 14, 2009

McDonnell Won't Renew Ban on Discrimination Against Gays

Taliban Bob McDonnell doesn't believe in discrimination - except when he does. Like most of his campaign spin, McDonnell's claims that his views on gays and belief that gays should not face discrimination is a lie. In a statement that likely sent Pat Robertson and the folks at The Family Foundation into orgasms, McDonnell says he will not renew the Executive Orders signed by Governors Warner and Kaine that banned employment discrimination based on sexual orientation by state agencies and authorities. I guess next McDonnell will want to amend the Canons of Judicial Conduct to remove prohibitions on judicial bias based on sexual orientation - not that many judges actually heed the prohibition in reality. Despite all his claims to the contrary, McDonnell still rigidly adheres to the views set out in his CBN University thesis. If McDonnell and Ken "Kook" Cuccinelli are elected, Virginia will move backwards on many issues. Here are highlights from the Lynchburg News and Advance:
*
Republican gubernatorial candidate Bob McDonnell said Tuesday he would not renew an executive order by Virginia’s last two governors that banned discrimination based on sexual orientation for state job applicants. “I think it would be illegal to carry it forward” if he is elected governor, McDonnell said in an interview Tuesday with The News & Advance’s editorial board.
*
McDonnell said during a debate Monday night with his Democratic opponent, state Sen. Creigh Deeds, that the executive order overstepped the governor’s authority. McDonnell said he told Kaine, in an opinion in 2006, that the non-discrimination issues in employment were the General Assembly’s responsibility and not the governor’s.
*
Deeds has not taken a prominent role in the discrimination debate, although he cosponsored a bill in 2008 that would have prohibited discrimination based on several factors, one of which was sexual orientation. The bill never made it out of a House committee.
*
My advice to gays thinking of moving to Virginia, as in the past, is don't. For gays already here, leave if you can. McDonnell's statement confirms that the only way in which Virginia will stop the open season on GLBT citizens is to have FEDERAL legislation end it, be it Congressional action or by U. S. Supreme Court ruling as in Lawrence v. Texas and Loving v. Virginia, which ended bans on interracial marriage. Virginia is a very bigoted state.

Friday, July 31, 2009

LGBT Employment Protections Remain Few And Far Between in Virginia

The Boston Edge has a story on the City of Arlington, Virginia's move to adopt a resolution calling for statewide employment non-discrimination legislation that would protect LGBT employees. While I welcome every baby step that brings Virginia into the modern age - kicking and fighting progress all the way, typically - the current patchwork of protections in a relatively small number of municipalities just doesn't cut it. Governor Kaine's Executive Order 1 (2006) appears worthless, although an appeal may reverse a circuit court ruling that found the Executive Order gave no protections to a fired gay employee, so government employees at the moment can only look for protection on a city by city basis. Norfolk STILL has no city ordinance that protects LGBT city employees. Virginia Beach and Williamsburg do have such policies, but again they only protect city employees. Most Virginians continue to have NO protection. One things is interesting to note, however: municipalities with such protections are more attractive sites for progressive businesses to relocate than backward municipalities such as Martinsville which has a 20% unemployment rate. Here are some highlights from the story:
*
In an unanimous vote on June 23, Alexandria became the latest Virginia municipality to pass a resolution to urge state lawmakers to pass ban anti-LGBT discrimination in the workplace. Jeanne Niebauer, director of the Alexandria Office of Human Rights, notes her city passed its Human Rights Code in 1975 that included protections against workplace discrimination. Sexual orientation was added in 1988. Neighboring Arlington and Blacksburg in the southwestern part of the state have passed similar resolutions
*
A July 28 email sent by Equality Virginia called for other local state governments to "sign a resolution supporting workplace non-discrimination." The group further noted "there are still many municipalities and cities in Virginia that we need to have formally state that they value being a diverse and inclusive community." Noting he feels the lack of a statewide non-discrimination law impacts everyone, Equality Virginia chief operating officer John Blair pointed out the state’s patchwork of non-discrimination laws protect different people in different ways.
*
"Some are protected a little, some not at all," he said. "The important thing about non discrimination legislation is it needs to be comprehensive." Niebauer pointed out her city’s action was taken specifically to help facilitate the codification of statewide law in 2010. "The resolution was brought about by the mayor and the city council mainly because Adam Ebbin (a member of the Virginia legislature) introduced a non discrimination bill pertaining to all state and local workers in Virginia," she said. "The bill did not pass, so jurisdictions like Alexandria approved resolutions to show their support."

*
Of course even if such a bill passes the General Assembly next year, private sector workers will continue to have absolutely no employment protections.

Wednesday, July 29, 2009

Don't Ask Don't Tell Repeal Effort Stalling - Who's At Blame

As Politico is reporting the effort to repeal DADT has stalled and The Palm Center blames major LGBT rights organizations for the debacle. Andrew Sullivan is even more brutal in his assessment and urges LGBT Americans to stop giving money to HRC - a tactic I largely agree with since I believe HRC is more concerned with promoting itself and finding government jobs for its self-anointed movers and shakers. Here is Andrew's analysis in a nut shell:
*
“a network of gay and gay-friendly individuals and organizations worked to derail the possibility of a suspension of the ban." Can you smell the Human Rights Campaign? It's that unique blend of cowardice, careerism and fantastic amounts of money that usually tips you off.
*
Sadly, I agree with Andrew. The grass roots of the LGBT community is ready to push for real change but our self-appointed "leaders" are not. They prefer "access" and cocktail parties that stroke their egos - meanwhile real people are being drummed out of the military daily as they sip their gin and tonics and cosmopolitans. It is beyond frustrating and pathetic. Like so much in politics, the only thing these folks truly understand is money - when the ATM is turned off, they listen. Until that happens it is business as usual. Here are some highlights from Politico:
*
[T]he Palm Center, a California think tank working to end the ban on gays in the military, blames Washington gay rights activists and their allies in Congress for dropping the ball on repealing "Don't Ask, Don't Tell."
*
The center has made the case for pressing President Obama for an executive order ending the ban on gays in the military, arguing that those facts on the ground -- gays openly serving -- would be irreversible, and could be followed later by Congressional action. But other gay rights advocates, led by the Servicemembers Legal Defense Network and Human Rights Campaign, and members of Congress like Rep. Patrick Murphy have argued that a legislative repeal should be the primary goal, as an executive order could be reversed by a new president.
*
Many people seemed to agree that the two-part strategy would make political and operational sense. Once gays are allowed to serve openly and legally, it will be impossible to put the toothpaste back into the tube. Operationally, there is no way to force gays back into the closet. And given that 75 percent of the public favors open gay service, it would be unwise politically for some future Republican President to try to reverse the order.5 Indeed, when former President George Bush tried to reverse one of Bill Clinton’s executive orders mandating equal treatment for non-military gay employees of the federal government, he could not get away with it.
*
As the two-part strategy continued to generate real heat on the administration, however, the gay community has taken its foot off the gas pedal. The chorus of gay and gay-friendly activists, journalists and politicos calling for an exclusive emphasis on legislative repeal has grown in recent weeks, and as opponents of the two-part strategy made their case with increasing fervor, the media’s criticisms of the administration have softened, and a senior administration spokesperson has again started to use conditional language as to whether “don’t ask, don’t tell will be repealed.”
*
As for the Palm Center report, here is a sampling of the criticisms of the gay rights organizations:
*
This policy analysis begins with an explanation of how and why some members of the gay community have worked so hard to stop putting pressure on the White House, and then outlines an opportunity for how to get back on track. In particular, it (1) explains the strategic misperceptions of those who seek to focus exclusively on legislative repeal including the flawed notion that the legislative strategy alone can work; (2) describes the consequences of efforts to block consideration of the two-part strategy (executive order first, legislative repeal second); and (3) suggests why a renewed emphasis on a two-part strategy is the most effective way forward.
*
Those who endorse an exclusive focus on legislative repeal seem to believe that if the gay community works hard enough, we can force conservatives to support MREA. But there is little logic to their position. Consider several obstacles. To begin, 75 percent of the public already supports open gay service, yet conservatives in Congress continue to oppose the bill.8 There is little additional room for public education or shifts in public opinion that could cause conservatives to change their minds.
*
Although Congress is not a pressure point, the same cannot be said of the White House. Those who favor an exclusive emphasis on legislation seem to appreciate neither the extent to which the President, not Congress, is vulnerable to accusations of hypocrisy, nor the opportunity to generate media coverage which shines a spotlight on the chasm between candidate Obama’s pledge to lift the ban when he took office, and President Obama’s unwillingness to sign an order even though he has acknowledged that the ban harms national security.
*
Discussions of hypocrisy become particularly salient when the gay community can combine them with fresh data, studies and stories which underscore the costs of “don’t ask, don’t tell.” For example, new data documenting increased discharges of Arabic linguists would generate important media coverage in and of itself.
*
Every ounce of activism directed towards the exclusive legislative strategy as opposed to the two-part strategy enhances the ability of the White House to invoke its old pass-the-buck defense which was so effective for the first few months of the administration, before the two-part strategy was raised in public. Calling for an exclusive emphasis on legislative repeal is perhaps the greatest gift gay rights groups could give the White House. And it’s a slap in the face to service members like Lt. Dan Choi, whose careers are in peril right now.
*
Sadly, at the very moment that discussion of the two-part strategy started to disable the political stalemate surrounding “don’t ask, don’t tell”, some gay and gay-friendly activists, journalists and politicos have let up pressure on the White House by resisting executive action, and insisting on an exclusive focus on legislative repeal. Consider a number of misleading and inaccurate claims that have been circulated. One often-repeated claim is that the administration does not have the legal authority to sign an executive order and that doing so would constitute an end-run around Congress. This claim is incorrect. In 1983, Congress passed 10 U.S.C. § 12305, known as the “stop-loss” law, which allows the President to “suspend any provision of law” related to military separations during national security emergencies.
*
Some members of the gay community have provided Washington with reasons to continue discriminating, and their actions have had the effect of softening the pressure on the White House and allowing the President to again use his pass-the-buck strategy. As a result, momentum has been lost and the inertia that characterized the period before the introduction of the two-part solution is returning. Four consequences, in particular, deserve mention.
*
In addition, the community’s misleading claims have become a talking point for the President of the United States. When asked whether he would sign an executive order last month, President Obama said that doing so would circumvent the will of Congress, and that he is constitutionally obliged to enforce Congressional statute.18 This argument, which ignored his now-well-established power of “stop-loss,” was first articulated and then repeated extensively by members of the gay community itself. The community provided the President with a misleading talking point to explain why he will continue firing service members for being gay, and almost no one held him accountable.
*
If a unified community held the President accountable for his recent, misleading remarks about why he will not sign an executive order, redirected the national conversation to the two-part strategy and demanded immediate executive leadership as the first step in a multi-stage effort to lift the ban, we would maximize the chances for unlocking the stalemate in Washington and again see momentum toward an outcome that has been elusive for more than fifteen years.
*
I find it most depressing that some of the major gay rights organizations seem to care more about "maintaining good relations" than they do about concrete results. As they say, the squeaky wheel gets the oil - we need a full court press to create as much squaking as possible.

Thursday, July 09, 2009

Virginia Blog and Roanoke Times Slam Tim Kaine

I have done post concerning the pathetic lack of legal protections available to LGBT Virginians. The Canons of Judicial Conduct which bar judges from being biased against litigants based on their sexual orientation are routinely ignored by far too many judges and not enforced by the Judicial Review Commission. In terms of employment non-discrimination protections, there are none other than Tim Kaine's apparently meaningless Executive Order 1 (2006) that claims to protect state employees. In terms of marriage, we have no rights whatsoever due to an amendment to the Virginia Constitution. In short, we are not even second class citizens here in Virginia. Here is Not Larry Sabato's take on Tim Kaine and Executive Order 1 (2006):
*
"A former state employee says he was fired because his boss found out he was gay. When he filed suit, the Circuit Court of the city of Martinsville said that an executive order signed by Gov. Tim Kaine prohibiting such discrimination against state employees provides no legal protection for him."
*
This is remarkable on a few different levels. Tim Kaine is head of the executive branch of the state government. Every agency head reports to him. If an employee was fired for being gay, why did Kaine not call the head of that agency into his office and tell them to reinstate the employee or they would be fired? Instead he allows them to defy his executive order- and does nothing about it?
*
More importantly- how is someone so indifferent to this kind of absurdity serving as head of the DNC? Does Kaine have any basic beliefs that guide the way he governs? How can he fight to repeal things like DADT if he can't even stop state employees in the Virginia from being fired for being gay?
*
The Roanoke Times likewise finds anti-gay employment discrimination ridiculous and calls for legislation to cure this appalling situation:
*
Through his spokesman, Kaine said the executive order would remain in effect, but as an internal policy. Workers who are fired or discriminated against because of their sexual orientation can seek redress through the state's personnel procedures, said spokesman Gordon Hickey.
*
That's less than adequate. The decision by the Martinsville court should be a convincing sign to the General Assembly that protection against such discrimination must be written into Virginia's code. Only a law will offer genuine confidence to Virginia's gay employees that they won't face irrational threats to their employment based on their sexual orientation.
*
Like President Obama, Tim Kaine makes pro-gay statements, but his follow through is largely nonexistent.

Monday, January 05, 2009

New DNC Chair No Real Friend to Gay Rights

UPDATED: Ironically - or perhaps not - HRC is singing Tim Kaine's praises even though when contacted by my client for help, HRC did ABSOLUTELY NOTHING, not wanting to "upset" Governor Kaine who I guess might not attend HRC parties if "upset." Kaine is cited by HRC for helping turn Virginia Blue even though in reality it is (1) Virginia's changing demographics, (2) the horrific track record of the Chimperator's regime, and (3) Obama's ground game that won the day. Once again, HRC is out of touch with reality. Yet another reason to NOT renew my HRC membership - at least not until it gets new leadership that doesn't focus on being a lap dog for elected officials.
*
The Virginian Pilot and many other news outlets are reporting that Virginia Governor, Timothy Kaine will be the next Chairman of the Democratic National Committee. I am less than enthused by Kaine's selection. Why one might ask? Because when examined closely, Kaine is weak on gay rights and may represent yet another case like Barack Obama throwing gays under the bus after cynically courting our votes and soliciting our money as evidenced by the selection of Christianist Rick Warren to give the inaugural invocation. At least with Warren, his appearance will be short lived and he will not be influencing Democratic Party policy. My prediction is that Kaine will do absolutely nothing to further LGBT equality as DNC chair. Zero. Nada.
*
On the surface, Kaine can claim to be "gay friendly" - at least when compared to say Virginia Attorney General Bob McDonnell who tows the line with Daddy Dobson's Virginia affiliate, The Family Foundation, and has to date not found a piece of anti-gay legislation he cannot willingly embrace. Kaine did sign Executive Order 1 (2006) purporting to protect gay state employees upon taking office, thereby extending the policy of incoming U.S. Senator Mark Warner who Kaine succeeded as governor. But in terms of making sure that the Executive Order is enforced in a competent and timely manner, Kaine has been 100% missing in action. Moreover, the alleged investigation by the governmental department supposedly charged with enforcing the Executive Order of a complaint filed by a client against the Virginia Museum of Natural History has by the agency's own prior statements already taken 440+ days longer than it should have. And still no determination is in sight. I've even speculated that Kaine wants to drag the matter out long enough so that he can be out of office when a decision is rendered and thus avoid a show down with Bob "Taliban Bob" McDonnell who has issued a non-binding opinion that the Order exceeded Kaine's authority as governor.
*
Save and except for the theoretical protections afforded LGBT state employees under Executive Order 1 (2006), LGBT Virginians have ZERO employment non-discrimination protections. That's right. Zero protection from being summarily fired due to their sexual orientation. Sadly, Kaine's execution of Executive Order 1(2006) appears in retrospect to have been window dressing he never planned to have enforced based on a recent mealy mouthed letter from Kaine's office. The Executive Order was apparently a mere crumb thrown for show to the LGBT Virginians who helped get him elected. It is beyond troubling to me that someone with such a weak commitment to LGBT rights and equality is now DNC chairman. Maybe we should stop giving our hard earned money to such cynical and disingenuous politicians.
*
NOTE: I have documentation on all of the above statements.

Sunday, May 04, 2008

Bob "Taliban Bob" McDonald and Executive Order 1 (2006)

Current Virginia Attorney General Robert McDonnell earned the nickname "Taliban Bob" back five years ago when he spear headed the drive to deny Verbena Askew, a black female judge in Newport News, reappointment on to the bench due to rumors that Askew might - Heaven forbid - be a lesbian. As CNS News reported at the time:
*
Delegate Robert McDonnell (R-Virginia Beach) recently said Askew's homosexuality might prevent her from being sworn in for a second eight-year term. Virginia's "crimes against nature" law strictly prohibits anal and oral sex between consenting adults, regardless of gender.Speaking as chairman of the Virginia House Committee on Courts of Justice, McDonnell reportedly said Askew's homosexual conduct "certainly raises some questions about the qualifications to serve as a judge."Askew is the first female African-American circuit court judge in Virginia and one of 60 judges statewide whose terms expire this year.
*
Robert Knight, director of the Culture and Family Institute in Washington, D.C., added that people who are openly homosexual make their sexuality part of their identity."I don't think there's any homosexual without the 'sexual'. In other words, this idea of identity without actions is nonsense, it's non-existent," Knight said. "To forge an identity based on engaging in a wrongful activity such as homosexuality shows, at the least, lack of judgment."
*
McDonnell, a regent Law Scholl graduate, who "could not recall" if he had ever violated Virginia's sodomy law by a news reporter (the law, which outlawed pretty much anything other than missionary position heterosexual sex, was struck down by the ruling in Lawrence v. Texas), has opposed any form of legal rights for gays at every opportunity. Moreover, in a non-binding opinion, he opined that Virginia's Governors do not have the power to protect LGBT citizens by way of executive orders. Now, as the Washington Blade has reported, the are questions about enforcement of employment non-discrimination protections put in place by former Governor Mark Warner and renewed by Governor Tim Kaine in the form of Executive Order 1 (2006). Investigations typically take about 120 days, while this one has languished for well over a year. Check out the Blade article and draw your own conclusions.

Monday, March 24, 2008

LGBT Standing United in Hampton Roads, April 12th

I will be a speaker at an upcoming event at Old Dominion University on April 12, 2008, with my presentation looking at employment discrimination issues. Unfortunately, in Virginia LGBT individuals basically have NO legal protections and any remedies that may exist are those provided by various employer non-discrimination policies or pursuant to an Executive Order of Governor Kaine in the case of state employees. Sadly, LGBT citizens continue to be routinely fired in Virginia. Just last week I received a call from a women who was fired by a large local auto dealer because her sexual orientation "made some of the other employees fell uncomfortable." While the parent company is based in Maryland where there are non-discrimination laws, the Virginia entity that was her employer is not subject to such laws.
Meanwhile, I am continuing to represent a client fired by the Virginia Museaum of Natural History in Martinsville, Virginia due to his sexual orientaion. Despite Executive Order 1 (2006) signed by Governor Kaine, the museum's executive director - who bears a striking physical resemblence to Boss Hogg from the old Duke's of Hazard television series - apparently believes he can flout the Governor's order banning discrimination based on sexual orientation in all Virginia state agencies. We are currently winding our way through the state administrative remedy process which is moving at a snail's pace. Here are the details on the ODU event:
LGBT Standing United: Becoming More Inclusive
Saturday, April 12, 2008
8:30am-3pm@ Old Dominion University: Batten Arts and Letters Building
9:00 AM TO 11:00 AM – “TRANSGENDER 101”
11:00 AM TO 12:30 PM –“EVERYTHING YOU WANTED TO KNOW ABOUT TRANS, BUT DIDN'T KNOW WHO TO ASK”
HEALTH AND EMPLOYMENT WORKSHOPS
12:30 PM TO 1:15 PM –
FREE WORKING LUNCH: EQUALITY VIRGINIA
ADVOCACY IN VIRGINIA AND LEGISLATIVE UPDATE
1:15 PM TO 2:45 PM
REPEAT “EVERYTHING YOU WANTED TO KNOW ABOUT TRANS, BUT DIDN'T KNOW WHO TO ASK” WORKSHOPS
2:45 PM TO 3:00 PM
CRITIQUE, FINAL QUESTIONS AND ADJOURN

Sponsored by: ACCESS, TACT, Equality Virginia, Hampton Roads Pride, Old Dominion University Women's Center, ODU Multicultural Student Services, TransRights VA