The Voice of Virginians for Justice April, 1994 LEGISLATURE REFUSES TO GET TOUGH ON HATE CRIMES A new hate crimes law, House Bill 889, was passed by the Virginia legislature without addressing hate crimes committed against lesbians and gays or on the basis of gender. HB889 as originally submitted by Del. Ken Plum (D-Reston) provided for additional penalties to be levied against perpetrators of hate crimes based on a victim's sexual orientation, gender, or disability, along with those committed on the basis of race, religion, color, disability, national origin or ancestry. The House Courts of Justice committee stripped the bill of sexual orientation, gender, and disability, rendering the it anti-gay by exclusion. A furious lobbying effort to return the bill to its original form by hundreds of valiant VJ supporters and constituents ensued, but to no avail. The House and Senate passed the watered-down version of the bill. ANTI-GAY LEGISLATION DERAILED Despite endorsements from Gov. Allen and scores of state legislators, a rash of anti-gay legislation was defeated in the closing hours of the session. Insertions of anti-gay amendments into several pieces of otherwise acceptable legislation were reversed by conference committees. The General Assembly Session that ended March 12 was, though, in many ways historic for advocates of equal justice for lesbians and gay men. Legislators were confronted with a record number of bills dealing with matters of sexual orientation, privacy issues, domestic partnerships, child custody, hate crimes, and AIDS. PROACTIVE STEPS SUCCEED Several of VJ's efforts to obtain sponsorship for gay-positive legislation met with success. Committee testimony and meetings on these bills provided unparalleled opportunities for the voices of Virginia's lesbians, gays, bisexuals and allies to be heard. Our most tangible successes included passage of legislation that will allow some victims of the AIDS epidemic to have early access to their life insurance benefits and the introduction of a bill to decriminalize private adult sexual behavior. The mere introduction of the latter is a milestone on the long road to repealing Virginia's antiquated Crimes Against Nature law. In a disturbing development expected after the results of the November 1993 election, there was a dramatic increase in the amount of homophobic rhetoric during legislative debates. The ensuing dialogue, however, has helped us to clearly identify our enemies and, more importantly, our friends for future efforts. Several legislators appeared fixated on denying equal rights while others courageously and publicly came to the defense of lesbians, gay men and bisexuals. VJ LOBBYIST BUSY After years of struggling to get our foot in the office doors of most legislators, VJ lobbyist Janice Conard was in heavy demand this session. Janice and her volunteer assistants worked well into the night throughout the session attending committee meetings and strategizing with legislators, their aides and other lobbying interests. Both the defeat of anti-gay bills and the introduction of gay-positive legislation would have been virtually impossible without Janice's hard work and professional reputation at the General Assembly. Below are synopses of the some of the session's priority legislation tracked by VJ: Hate Crimes HOUSE BILL 889: Submitted by Del. Ken Plum (D-Reston) and cosponsored by 16 other legislators, HB889 allowed for enhanced penalties to be levied against persons convicted of crimes motivated by hatred. The bill in its original form included hate crimes based upon the victim's race, religion, color, disability, gender, sexual orientation, national origin or ancestry, but was weakened by the House. VJ POSITION: Opposed after modification HOUSE: Passed 99-1 after modification SENATE: Passed 36-4 with modification STATUS: Awaiting Governor's signature Crimes Against NATURE HOUSE BILL 1314: Submitted by Del. Karen Darner (D-Arlington) with cosponsors Dels. Cohen (D-Alexandria) and Jones (D-Norfolk). HB1314 is a landmark piece of legislation to legalize private, non-commercial sexual behavior between consenting adults. It is the first step in VJ's multi-year commitment to build support for modification of the Crimes Against Nature laws. VJ POSITION: Supported HOUSE: Passed by indefinitely SENATE: Was not considered STATUS: Defeated HIV/AIDS HOUSE BILL 310: Submitted by Del. Whittington Clement (D-Danville), HB310 legalizes assignment of life insurance benefits for persons with Virginia Retirement System-supplied life insurance. HB310 was a friendly compromise to several other similar bills, including HB1185, submitted by Del. Jean Cunningham (D-Richmond). VJ was working closely with Cunningham and had obtained many cosponsors on VJ's Citizen Lobby Day for HB1185. A total of 16 legislators sponsored or cosponsored legislation that was eventually addressed by HB310, primarily in response to constituent requests by VJ supporters. Although persons with VRS life insurance will now be allowed to make a one-time-only assignment of benefits, VJ does suggest caution. Everyone, especially those with HIV/AIDS, should seek prudent, independent advice when considering an assignment of benefits. VJ POSITION: Supported HOUSE: Passed 94-1 SENATE: Passed 36-0 STATUS: Awaiting Governor's signature HOUSE BILL 485: Sponsored by Del. Karen Darner (D-Arlington) with Dels. Van Landingham (D-Alexandria) and Van Yahres (D-Charlottesville). HB485 establishes a pilot program to provide health insurance premium assistance for financially strapped HIV-positive Virginians. The program is to be funded by federal money available from the Ryan White CARE Act. VJ POSITION: Supported HOUSE: Passed 94-1 SENATE: Passed 38-0 STATUS: Awaiting Governor's signature SENATE BILL 262 and HOUSE BILL 1187: Identical bills submitted by Sen. Yvonne Miller (D-Norfolk) and Del. Cunningham, these bills allow the Dept. of Social Services to license two Richmond adult care residence facilities for PWAs. The bills saw extensive debate, primarily due to the proposed licenses allowing the facilities to dispense intravenous medication. VJ POSITION: Supported HOUSE: Passed 93-5 SENATE: Passed 22-17 STATUS: Awaiting Governor's signature CHILD CUSTODY SENATE BILL 88: Sponsored by Sen. Robert Calhoun (R-Alexandria), provides extensive revisions to Virginia's child custody and visitation arrangements. SB88 received a great deal of the legislature's attention, primarily because of the fallout from the Sharon Bottoms custody case. In the House Courts of Justice committee, Del. Roger McClure (R-Centreville) unsuccessfully attempted to amend SB88 to explicitly prevent lesbians and gays who are not biological parents from receiving custody or visitation rights. Del. Jones (D-Norfolk) countered with an amendment, approved 10-1, that would require courts to consider "any evidence of a continuing violation of any criminal law by either parent which could constitute a felony." Del. Jones, a consistent VJ ally, told us that his amendment was necessary to appease homophobic committee members. The anti-gay McClure amendment was likely to pass, so Jones felt that his amendment would be a compromise. The amendment addressed felonious behavior rather than convicted felons, so Jones also advised that its potentially unconstitutional language might necessitate its eventual removal. Fortunately, Jones was right. His amendment was struck by the conference committee that met to rectify the differences between the versions passed by the Senate and House. VJ POSITION: Supported without amendment HOUSE: Passed 64-32 without amendment SENATE: Passed 40-0 without amendment STATUS: Awaiting Governor's signature, but anti-gay amendment was removed. DOMESTIC PARTNERSHIPS HOUSE BILL 30: HB30 is the wide-ranging state budget bill crafted by the House of Delegates. On the final day for the House to amend and approve HB30, Del. Vance Wilkins (R-Amherst) put forth an amendment that would prevent non-spousal partners from receiving benefits that are currently extended to employees and their families at Virginia's public colleges and universities. The amendment was submitted to counter the College of William and Mary faculty's vote to endorse a benefits extension to partners of gay and lesbian employees. Del. Wilkins, a longtime supporter of regressive sex education in public schools and AIDS-phobic legislation, held a press conference declaring that the Wm. and Mary faculty vote was an attempt "to undermine the traditional family structure..." Gov. Allen and all 47 House Republicans endorsed his amendment. VJ carefully tracked the budget bill's progress, but the amendment was not offered until the final day of House budget deliberations when Wilkins offered it from the House floor. The amendment was approved, 57-38. Each year the differences in each house's budget bills must be hammered out by a 6-member conference committee made up of 3 Delegates and 3 Senators. Fortunately, the committee removed Wilkins' amendment in the final budget. The budget, sans the Wilkins amendment, was then passed by the House and Senate. William and Mary Gay and Lesbian Alumni (GALA) and VJ supporters provided invaluable constituent lobbying against the amendment. VJ kept in close contact with GALA, who initiated a statewide telephone tree among their members following Wilkins' press conference and again when the conference committee began its work. Many thanks to Tom Rowan and GALA for putting pressure their elected officials. VJ does not consider the amendment's rejection as an indication that the legislature will easily approve domestic partnership benefits for universities and colleges in the future. Many legislators simply felt that current regulations do not allow for the extension to non-spouses, therefor, the Wilkins amendment was meddlesome and redundant. This issue will likely reappear next year as other publicly funded colleges and universities move towards offering domestic partnership benefits. VJ POSITION: Opposed amendment HOUSE: Passed amendment 57-38 SENATE: Passed budget without amendment STATUS: Awaiting Governor's signature, but anti-gay amendment was removed FOCUS on HATE CRIMES Due to the passage of HB889 without reference to hate crimes based on a victim's sexual orientation, it is imperative that we redouble our efforts to report hate crimes. If we are to have any hope of exposing the ineffectiveness of the new hate crimes law, we must persuade our friends, families and acquaintances to report ALL hate crimes. If you simply hear of an incident that may not have been reported, please phone the reporting line. CALL 1-800-2JUSTIC VJ ANNUAL MEETING On Saturday, May 21, 1994, Virginians for Justice will hold our Annual Meeting in VJ's Richmond headquarters, located at 6 North 6th St., Suite LL3, in downtown Richmond. This year's Annual Meeting will consist of an expanded Board of Directors meeting, including the results of our upcoming Board elections and plenty of time for members to interact with the Board. Your input and constructive criticism will be welcome. The Annual Meeting will begin at 1:00pm at continue until 3:00pm. We are organizing a social function later that evening in Richmond. Further information will be detailed in the May-June issue of The Voice. GENERAL ASSEMBLY GUTS HATE CRIMES BILL When the House of Delegates passed House Bill 889, a bill to impose additional penalties for hate crimes, they excluded those based on a victim's sexual orientation. In doing so, they ignored two years of documented hate crimes collected by Virginians for Justice on our statewide hate crimes reporting line, 1-800-2JUSTIC. When the bill came before a Courts of Justice subcommittee, the Chair, Del. Richard Cranwell (D-Vinton) stripped sexual orientation from the bill. There was no public discussion of this move in the subcommittee. On Feb. 13, as the deadline for action on new bills was approaching, the House Courts of Justice committee quickly passed the weakened HB889, followed by a full House vote. Del. Bernie Cohen (D-Alexandria) did persuade the House to move HB889 from the uncontested calender, where bills are considered without discussion, onto the regular calender. Cohen gave a passionate last minute plea on the House floor to restore the bill to its original form, but was unsuccessful. The House could not be dissuaded from passing the watered-down bill. CONSTITUENT LOBBYING ACTIVATED Immediately after the weakened HB889 cleared the House committee, VJ called a full Action Alert. Organizations and activists across the state were asked to call their Delegates to request a "NO" vote unless sexual orientation was reinstated. VJ allies in the legislature reported many calls, but to no avail. After the full House vote, HB889 moved to the Senate and we refocused our efforts. VJ pushed for constituents to contact their Senators and we began enlisting the support of other organizations. When a coalition of religious groups endorsed the bill, VJ immediately contacted their offices. Several, including the American Jewish Council, retracted their endorsements after being informed of the bill's watered-down nature. People for the American Way, the DC-based civil rights organization, rushed a brilliantly-worded defense of the original bill to the Senate Courts of Justice committee. The Virginia ACLU was very supportive during this effort, including issuing memoranda and position papers for Senators. VJ also distributed our Annual Report on Hate Crimes to all 40 Senators. Despite these efforts, HB889 continued to wind its way towards approval. The Courts of Justice committee ignored not only our report, but also a committee room full of supporters of inclusive language. In this meeting, two Senators expressed a willingness to reinstate sexual orientation, but no one took the initiative to put the motion forward. HB889 was approved by the committee the following day with passage by the full Senate shortly thereafter. The bill was not only weakened by the removal of sexual orientation, gender, and disability, but also by a reduction of the additional penalties proscribed by the legislation. Legislators have made the choice to tacitly endorse anti-gay violence by removing the teeth from HB889 rather than to act on their campaign promises to get tough on crime. VJ will be assessing the possibility of amending the hate crimes law during the 1995 General Assembly session. VJ Board of Directors Board Members and the areas they represent: Gary Antonucci 804-253-0789 (At-large, Williamsburg) Paula Belka 703-430-4121 (10th Congressional District, Sterling) Laurie Caldwell 804-823-7899 (5th CD, Charlottesville) Andrew Elsea 804-355-3372 (7th CD, Richmond) Patrick Heck - Chair 804-622-1695 (3rd CD, Norfolk) Larry Naylor 703-257-7744 (At-large, Manassas) Bruce Neilson - Secretary 804-642-6349 (1st CD, Gloucester Point) David Pugh - Treasurer 804-348-0332 (4th CD, Emporia) Bonnie Rabichow 703-660-0670 (8th CD, Alexandria) Frank Russo 703-241-7751 (At-large, Arlington) Pat Ward 804-261-4110 (At-large, Richmond) The Board is lacking representation from Congressional Districts that include Blacksburg, Roanoke, VA Beach, Northern Virginia and much of the surrounding areas. We meet on the third Saturday of each month at noon in VJ's Richmond headquarters and everyone is welcome to attend. Longtime VJ member Bill Altevogt of Newport News has recently stepped down from the Board to devote his time to other commitments. Bill has been a generous supporter of VJ's efforts and a tireless volunteer. We will sorely miss his expertise. Thanks for all of your past assistance Bill! VOLUNTEER OPPORTUNITIES VJ is searching for Richmond area volunteers to work in our office. Time commitments can range from a few hours per month to several hours each week. Available tasks include: - Helping with our computer database. - Various office tasks, including answering phones, keeping records and organizational tasks. VJ is also in need of volunteers from acroos the state. Here are some example projects: - Help to organize a VJ fundraiser in your area. - Help to design a VJ print advertising campaign targeting both gay and non-gay publications. - Work on an Issue Committee strategizing or researching anti-discrimination, CAN laws, hate crimes, HIV, child custody, etc. Call the VJ office to volunteer: 804-643-4816 VIRGINIA NEWS AVAILABLE ON INTERNET The mind boggling pace of the Virginia General Assembly oftentimes prevents VJ from quickly disseminating information about legislation of interest. Telephone trees were quite successful during the 1994 session, but the majority of our members must still rely for our newsletter for information. Fortunately, a recently formed email list now allows us to issue Action Alerts and Updates via the Internet. If you have email capabilities and wish to receive up-to-date and hot-off-the-wire information, then email the following message: subscribe virginia-news to: majordomo@vector.casti.com The list is a very low-volume, moderated, announcements-only list, so you will not be inundated. If you have news of interest to the lesbian, gay and bisexual community of Virginia, you may submit it for distribution by sending it to virginia-news@vector.casti.com Be aware that this is a moderated list, so your announcement will not be distributed unless it has wide appeal and is judged to be acceptable by the moderator. The list may eventually be folded into the Virginia Political Action Network (VPAN), a grassroots coalition of organizations devoted to promoting constituent lobbying on the local, state and federal levels. VPAN is currently in the organizing stage, so you will hear more about it in future issues of The Voice. Many thanks to David Casti for organizing and maintaining virginia-news. The list has already proven to be an invaluable tool. LEGAL REFERRAL SERVICE VJ has compiled a list of Virginia attorneys who are willing to assist the lesbian, gay and bisexual community. They are knowledgeable on issues of concern to sexual minorities, so please take advantage of their assistance. Past referrals have included cases involving child custody, bankruptcy, wills, divorce, HIV and job discrimination, military discharges, and crimes against nature. If you know of someone who is in need of legal advice, please call VJ at 804-643-4816. Calendar of Virginia Events Apr. 16 - VJ Board of Directors Meeting: Richmond Apr. 20 - Veto Session of the General Assembly Apr. 23 - VJ Dance and Fundraiser: Alexandria May 21 - VJ Annual Meeting: Richmond June 5 - Washington DC Pride Festival June 12 - Hampton Roads Pride Picnic: VA Beach June 26 - Stonewall 25: New York City ONE GIANT STEP: C.A.N. REFORM BILL SUBMITTED This session's introduction of a bill to decriminalize private adult sexual behavior is seen as a giant step forward. Virginia's Crimes Against Nature law, prohibiting virtually all sexual acts, heterosexual or homosexual, that cannot result in procreation, is the root of much of the discrimination that gays and lesbians face. VJ's lobbyist reports that in past years it has been like "pulling teeth" to persuade legislators to address the issue. Although the bill was defeated in a House Courts of Justice Subcommittee, HB1314 forced legislators to deal with the issue for the first time in years. VJ anticipated that we would be unsuccessful and believes it will take several years for momentum to build towards passage. We will be back next year looking for additional sponsors. The gay and lesbian community and our allies in the fight for the right of privacy owe a great deal of thanks to Del. Karen Darner (D-Arlington) and cosponsors Dels. Jerrauld Jones (D-Norfolk) and Bernie Cohen (D-Alexandria) for taking the risk involved in sponsoring HB1314. We will need to convince them to work with us again next session. ALEXANDRIA "SPRING FLING" TO BENEFIT VJ On Saturday, April 23, from 8:00PM until midnight, the Mount Vernon Unitarian Church will host a Spring Fling Dance, sponsored by their Evergreen Society and Welcoming Society. The Mt. Vernon Unitarians have been a longtime supporters of equal justice, evidenced by their initiation of a statewide petition drive to apply pressure to then Gov. Wilder to issue an anti-discrimination order to cover gays and lesbians. Admission to the dance is $10 for adults, $5 for ages 14 to 17. Proceeds from the Spring Fling will benefit Virginians for Justice. The church is located at 1909 Windmill Lane in Alexandria. For further information, contact VJ Board member Bonnie Rabichow at 703-660-0670. Hope to see you there! VJ Sponsors VJ extends a warm welcome to the Norfolk chapter of Dignity who recently became an organizational sponsor. We also extend our gratitude to the Arlington Gay and Lesbian Alliance, one of VJ's most consistent and generous sponsors, for renewing their support. We encourage you to thank VJ's advertisers and sponsoring businesses and organizations by supporting them with your patronage. Without their generosity, our work would not be possible. Corporate Sponsors EFFINAR STUDIOS LTD. Haircare 2163 North Glebe Road, Arlington 703-524-1940 ------------------- AMPAC Group, Inc. Asian language typesetting & desktop publishing 5713 Edsall Road, Alexandria 703-823-9773 Organizational Sponsors The Alexandria Gay & Lesbian Community Assoc. Wm. & Mary Gay and Lesbian Alumni (GALA) The Fairfax Lesbian and Gay Citizens Assoc. The Arlington Gay and Lesbian Alliance The Mandamus Society -- Norfolk The Supper Club -- Roanoke Dignity - Norfolk RECENT DONORS Thank you to K Robins of Virginia Beach for her recent donation of a modem for the VJ office. We hope to be "on-line" soon. K also donated a case of paper and a multitude of office supplies. Thanks for bringing us into the 90's! BOTTOMS APPEAL HEARD The appeal of the Sharon Bottoms child custody case was heard by the Virginia Court of Appeals in February. The Court can render their decision at any time, but it is expected to be in several months. We will keep you posted. VJ WISH LIST The following items are needed to keep our office operating smoothly: - A switch to either manually or automatically switch incoming phone calls to our fax machine. - A letter folding machine If you are interested in underwriting or donating an item, please give us a call at 804-643-4816. ADVERTISING PROGRAM VJ has implemented a campaign to draw more support from businesses by encouraging them to advertise in The Voice. Our advertisers not only reap the benefit of gaining publicity among VJ members and other readers of the newsletter, but they also gain a tax benefit for their business. The Voice reaches more than 1,000 Virginia homes, organizations, and businesses. Contact VJ Board member Gary Antonucci (804-253-0789) for advertising information. Rates for a full year of advertising (six issues) are $100-Bronze, $250-Silver, $350-Gold, and $500-Platinum. URBAIN A Salon in Carytown 3103 Ellwood Avenue, Rear entrance Richmond, VA 23221 804-359-0200 MacGraphics, Inc. Production of Brochures, Ads, Newsletters, Logos, Menus 198 S. Rosemont Road, Virginia Beach, VA 23452 804-486-3546 804-431-1547(fax) IDS Financial Services, Inc. Gregory F. Smith, Certified Financial Planner Suite 190, Chadwick Bldg., 5029 Corporate Woods Dr. VA Beach, VA 23462 804-490-2705, 804-473-8678(fax) OutRight Books & Rainbow Cafe Gay & Lesbian Bookstore and Cafe 485 S. Independence Blvd., Suite 111 Virginia Beach, VA 23452 804-490-6658