Discrimination; specification of certain terms relating to sex or gender. (HB397)

Introduced By

Del. Dave LaRock (R-Loudoun) with support from co-patrons Del. Mark Cole (R-Fredericksburg), Del. Danny Marshall (R-Danville), and Sen. Tom Garrett (R-Lynchburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Discrimination based on an individual's sex. Specifies that the terms "because of gender," "because of sex," "on the basis of gender," and "on the basis of sex" and terms of similar import when used in reference to discrimination in the Code and acts of the General Assembly mean because of or on the basis of the biologic character or quality that distinguishes an individual as either male or female as determined by analysis of the individual's gonadal, internal and external morphologic, chromosomal, and hormonal characteristics. The bill provides that, consistent with Article I, Section 11 of the Constitution of Virginia, no local ordinance prohibiting discrimination on the basis of sex shall consider the mere separation of individuals by sex to be discrimination. The bill permits local school boards to enact policies prohibiting discrimination in education on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, or disability, provided that, consistent with Article I, Section 11 of the Constitution of Virginia, no such policy shall consider the mere separation of individuals by sex to be discrimination. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/06/2016Committee
01/06/2016Prefiled and ordered printed; offered 01/13/16 16101948D
01/06/2016Referred to Committee on General Laws
01/21/2016Impact statement from DOE/COO (HB397)
02/03/2016Assigned to sub: Subcommittee #4
02/03/2016Assigned GL sub: Subcommittee #4
02/04/2016Subcommittee recommends laying on the table
02/16/2016Left in General Laws

Comments

ACLU-VA LGBT Rights, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill. This bill seeks to overturn recent positive action by the Fairfax School Board to protect transgender students and employees from discrimination. The bill would determine the outcome of litigation filed by the Liberty Counsel against the School Board, which would be unconstitutional under separation of powers provisions in the Virginia constitution. It is sad to see the number of bills introduced this session targeted at ensuring that schools and other governmental agencies can purposely discriminate against transgender adults and children in Virginia. At a time when we should be working to end discrimination against all LGBT Virginians, and in a state where the overwhelming majority of Virginians agree that such discrimination should end, these bills are nothing more than ineffective, mean-spirited efforts to deny LGBT people in Virginia their constitutional and human rights.

Equality Virginia, tracking this bill in Photosynthesis, notes:

Equality Virginia opposes this bill.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill. This bill seeks to overturn recent positive action by the Fairfax School Board to protect transgender students and employees from discrimination. The bill would determine the outcome of litigation filed by the Liberty Counsel against the School Board, which would be unconstitutional under separation of powers provisions in the Virginia constitution. It is sad to see the number of bills introduced this session targeted at ensuring that schools and other governmental agencies can purposely discriminate against transgender adults and children in Virginia. At a time when we should be working to end discrimination against all LGBT Virginians, and in a state where the overwhelming majority of Virginians agree that such discrimination should end, these bills are nothing more than ineffective, mean-spirited efforts to deny LGBT people in Virginia their constitutional and human rights.