Virginia

LGBTQ Non-Discrimination in the States

Virginia
No Statewide LGBT Non-Discrimination Protections
See All News

LGBTQ Non-Discrimination in Virginia:

As of April 2020, all LGBTQ Virginians enjoy fully comprehensive nondiscrimination protections in housing, employment, and public spaces..

History of LGBTQ Non-Discrimination in Virginia:

  • January 11, 2014: Governor Terry McAuliffe signs Executive Order 1 protecting state workers from discrimination based on their sexual orientation and gender identity.
  • January 13, 2016: Lawmakers introduce Senate Bill 41, legislation that would codify discrimination against LGBT people. The bill is passed later in the legislative session by both chambers of the General Assembly.
  • March 30, 2016: Following many months of action and advocacy from local groups – led by statewide LGBT organization Equality Virginia – Governor McAuliffe vetoes SB41. With the Virginia legislative session now ended with all anti-LGBT legislation defeated, significant momentum has been built toward non-discrimination in the future.
  • April 19, 2016: The 4th Circuit Court of Appeals rules in favor of a transgender teenager in Virginia who was prevented from using the restroom at his school matching his gender identity, overturning a negative lower court ruling, and setting the case up to be heard before the Supreme Court. The high Court stays the ruling and agrees to hear the case in October.
  • August, 2016: The Supreme Court sends the Grimm case back to the lower district court, following the rescinding of Obama-era guidance on transgender students by the Trump administration.
  • January 5, 2017: Governor Terry McAuliffe signs Executive Order 61 protecting state contractors and subcontractors from discrimination based on sexual orientation and gender identity.
  • November 8, 2017: Danica Roem, the first openly transgender candidate to run for a state government seat, is elected to represent Virginia’s 13th Congressional District. She defeats incumbent Robert G. Marshall, who had previously introduced anti-transgender legislation that would have restricted bathroom access.
  • January 17, 2018: Newly-elected Governor Ralph Northam signs Executive Order 1 into law, which adds gender identity to the list of protected categories in existing employment nondiscrimination law for government employees. Northam’s order also extends these protections to government contractors.
  • January 26, 2018: Two bills, SB 202 and SB 423, pass in the Virginia Senate. SB 202 would enact statewide nondiscrimination protections in employment, and SB 423 would add sexual orientation and gender identity and expression to the state’s fair housing code. The bills move to the House of Delegates for final consideration and full passage.
  • February 8, 2018: The House of Delegates kills all anti-discrimination legislation up for debate, following the lead of House Speaker Kirk Cox, who rushed a vote on the legislation in just under 24 hours.
  • May 11, 2018: Gavin Grimm wins his case in the United States District Court for the Eastern District of Virginia, with Judge Arenda Wright-Allen’s ruling stating, “the Court concludes that Mr. Grimm has sufficiently pled a Title IX claim of sex discrimination under a gender stereotyping theory.”
  • July 18, 2018: A new coalition, Virginia Beach For Fairness, announces its intention to work to pass comprehensive statewide nondiscrimination protections during the 2019 legislative session.
  • April 11, 2020: Governor Ralph Northam signs the Virginia Values Act, providing comprehensive LGBTQ nondiscrimination protections for all Virginians. After switching majorities following the 2019 election, the VA House and Senate moved the bill through chambers in early 2020 with bipartisan votes.

Last Updated April 13, 2020

Active Litigation

Gavin Grimm v. Gloucester County School Board

Case Concerning Restroom Access for Transgender Students

Key Date: August 12, 2019 • Ruling Issued in Favor of Plaintiff
Status: Appeal Pending before 4th Circuit
Legal Team: ACLU
Type: Discrimination Targeting Transgender Students

Gavin graduated from high school in June 2017 – but his case has not yet ended. The ACLU has continued to represent him, and on May 22 of 2018, a federal district court ruled that his Title IX claim had merit.

Read More