Politics & Government

Plum Ready for Annual Battle to Pass Equality Protection Bills

Virginia is in many ways "an old, Southern state," state delegate says.

Del. Ken Plum (D-Reston) takes on equality practically on an annual basis.

Over the last decade, the longtime Virginia General Assembly member has introduced more than a half-dozen bills aimed at ending discrimination based on gender identity and sexual orientation.

Each time, the bill has died in committee.

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This year, Plum has introduced House Bill 1755, which would expand the Virginia Human Rights Act to outlaw discrimination based on sexual orientation and gender identity. Currently, the law covers only such categories as race, religion, sex and disability.

Plum's bill is one of at least eight measures introduced by legislators concerned with equal rights. Proposals include everything from ending employment discrimination to overturning Virginia's ban on same-sex marriage.

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Equal Rights groups such as Equality Fairfax will take part in Lobby Day Wednesday at the Virginia State House. Despite the gathering to show support of equality legislation, Plum says he expects "an uphill battle" for HB 1755.

When it comes down to it, Virginia is a conservative place, he says.

"Virginia is still an old, Southern state," Plum said. "It is true about a lot of things; it is a way to say there is a reluctance on the part of many legislators on the part of equality. Virginia is one of the states that has passed a ban on same-sex marriage. That is a reflection of an attitude about the way people should live their lives."

The General Assembly last year considered a bill, SB66, that would have added sexual orientation and gender identity to the list of protected classes in state employment. Though this bill easily passed the Senate, the House of Delegates did not pass the bill.

Also last year, Gov. Bob McDonnell (R) removed state employees’ protection against discrimination based on sexual orientation, but later said such discrimination would not be tolerated.

State attorney general Ken Cuccinelli recently issued an opinion to the state’s public colleges and universities advising that sexual orientation isn’t a protected class. The attorney general said he was simply advising the colleges that the Legislature has not identified gays and lesbians as a protected class.

For this General Assembly session, which began last week, Del. Bob Marshall (R-Prince William County) has suggested the state bar gays from service in the Virginia National Guard.

So Plum knows every year what he is up against.

"The Equality Virginia group  has come a long way to educate people on the issue," said Plum "The Fairfax chapter has done a lot to make people aware of diversity in our community. Whether you like it or not, there is diversity that relates to sexual orientation. That is the way it is. It is time to take a step forward."

At Lobby Day, gay rights activists will also be asking legislators for a repeal to the constitutional amendment that Virginians adopted in 2006,  defining marriage as only a union between one man and one woman (HB 638); A prohibition to discrimination in employment based on sexual orientation. (HB 1509); Measures that would bar discrimination against gay people in state government employment. (HB 1964, HB 2046, SB 747);  An expansion of the Virginia Human Rights Act to cover sexual orientation. SB 797; A requirement that public schools take steps against bullying, harassment and intimidation of students because of their sexual orientation. (HB 1575).

In many ways, there are two Virginias, says Plum.

"In Northern Virginia, you get sympathy [for gay-rights measures]," he said. "But when you get downstate, you get a mix of circumstances in religious thought and moral thought."

Plum says he often hears from fellow lawmakers who say that personally, they agree with him. Professionally, they need to vote a different way.

"Many legislators know it is the right thing to do, but they are afraid to take the political move," said Plum. "It really is too bad."

Plum is also a sponsor this session of HB1748, which will require school districts to add code of conduct and take some responsibilty on how school bullying incidents are handled.

"This comes out of the nationally tragic recent suicides [by teens who were bullied]," Plum said. "We have some anti-bullying measures in Virginia, but this would place a responsibility on the part of school divisions to be more aggressive in antibullying. School officials would have to intervene and take action."


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