Virginia Equality Bar Association News

Queer and African: Constitutional Protection for LGBTI persons in South Africa's Constitution

Bary Hausrath — Mon, 04 Apr 2016 14:42:25 GMT

Known throughout the world for his human rights work, Edwin Cameron is a Justice from the Constitutional Court of South Africa. He is the author of Witness to AIDS, a book about his personal experience with the disease, and was the recipient of the Nelson Mandela Award for Health and Human Rights in 2000.

Justice Cameron is a well-known advocate for LGBTI issues in South Africa, and we're excited to welcome him to Richmond Law to explore that topic with students, alumni, and members of the community.

Tuesday, April 19, 2016, 4 p.m.

University of Richmond School of Law Moot Courtroom

Reception to follow. No cost to attend.

Please register in advance.

Just 10 days until Equality Under the Law, VEBA's Spring CLE Symposium!

Bary Hausrath — Wed, 16 Mar 2016 19:50:51 GMT

We are thrilled to be welcoming an outstanding team of experts for our first ever Spring CLE Symposium.

The Symposium will allow attendees an opportunity to receive 4 hours worth of LIVE CLE, including 1 hour of ethics credit. In addition, we have a celebrity lunchtime panel to discuss the intersection of LGBTQ rights and claims to religious freedom, featuring:

Jim Obergefell, the named plaintiff from the United States Supreme Court case that is now synonymous with marriage equality.
Paul M. Smith, Partner at Jenner & Block, Former Board Member of Lambda Legal, counsel in Lawrence v. Texas
Claire Guthrie Gastañaga, Executive Director of the ACLU of Virginia
John Pagan, Professor at the University of Richmond School of Law

CLE programs include "State of LGBT Equality under the Law of Virginia," "Issues in Employment Litigation and Discovery," "Ethical Issues in Representing LGBT Clients," and "Respecting Sexual and Gender Diversity in the Workplace."

The Symposium will be held at Williams Mullen in downtown Richmond, at 200 S 10th St, Richmond, VA 23219. Registration is here. Paid parking is available in the James Center II parking deck (enter off 10th). Boxed lunch selections are made during the registration process. Boxed lunches include a side dish and cupcake.

Registration is available for the full day's programing or lunchtime panel only. The Symposium is free to VEBA members. Non-member registrations are also available on a limited basis.

*Virginia MCLE credits are pending

Upcoming Hampton Roads Trans Legal Collaborative Clinic Announced

Bary Hausrath — Wed, 16 Mar 2016 18:18:14 GMT

VEBA is pleased to once again offer a Name & Gender marker change clinic in Hampton Roads!

If you need help with getting your name or gender marker changed on your ID, we'll be at the LGBT Center of Hampton Roads from 6-9 p.m. on April 2.

For our lawyer friends in the area, join VEBA now to be kept up to date on our newest clinics. We hope to soon announce an additional Hampton Roads clinic with CLE and additional services like DD-214s.

Community Vows From the Press Conference

Bary Hausrath — Fri, 26 Jun 2015 22:53:11 GMT

Do you promise to support LGBTQ youth and work for safer and more affirming schools so that children are free from bullying and harassment and so that youth find loving and supportive adults as alternatives to suicide and self-harm?

WE DO.

Do you vow to continue to fight for affordable, equitable, safe, and informed health care, specifically for transgender people and people living with HIV-disease as well as care facilities for LGBT seniors?

WE DO.

As we were reminded last week by the events in Charleston, violence driven by hate is a very real problem in our country and while any of us are unsafe, none of us are safe. Do you vow to build safer, healthier communities and relationships free of violence and abuse and to fight for full equality for all persons of color?

WE DO.

It is now legal in Virginia to deny employment based on sexual orientation and gender identity. Do you promise to support efforts to criminalize such discrimination?

WE DO.

Do you vow to support the voices of transgender people, especially trans women of color and acknowledge and address the disproportionate levels of discrimination and violence that they experience?

WE DO.

Because spiritual violence is an issue facing our community, do you promise to engage in meaningful dialogue with churches, synagogues, mosques, and other communities of faith?

WE DO.

Do you promise to fight for a just and fair system that addresses the needs of immigrants?

WE DO

With these vows, do you recommit yourselves to building a better Virginia, a better United States, and a better world? Will you be with us tomorrow when the wedding cake is gone, the glitter is swept away, and the celebration is over?

YES WE WILL!

Press conference and rally tonight! Marriage equality is now the law of the land!

Bary Hausrath — Fri, 26 Jun 2015 15:28:49 GMT

FOR IMMEDIATE RELEASE

VIRGINIA EQUALITY BAR ASSOCIATION

CONTACT: Christine Svoboda, President

(804) 822-0805

Day of Decision Press Conference

Richmond, VA - Today the Supreme Court of the United States announced its decision in Obergefell v. Hodges. The Virginia Equality Bar Association (“VEBA”) and other community organizations will hold a press conference at 5:30 pm at The Byrd Theatre at 2908 W Cary St in Richmond, Virginia to discuss the impact of the decision. Fellow organizers include Virginia Pride, Fan Free Clinic, Richmond Triangle Players, Friends of Rosmy, Diversity Richmond, University of Richmond, MCC Richmond, Virginia Center for Inclusive Communities, ACLU of Virginia, Richmond Business Alliance, and Virginia Anti-Violence Project.

VEBA is thrilled the Supreme Court has seen fit to recognize the fundamental right to marriage for LGBT people across the United States.

Audio from Today's Oral Arguments is online!

Bary Hausrath — Tue, 28 Apr 2015 17:47:00 GMT

Today's historic oral arguments on the marriage equality cases at the US Supreme Court have concluded! Initial reviews suggest that the court is divided, but leaning towards recognizing the fundamental dignity of same sex couples.

Click here for the complete audio. Question 1 deals with whether states must issue marriage licenses to same sex couples. Question 2 deals with whether states have to recognize marriages between two persons of the same sex legally entered into in another state.

Help End Juror Discrimination! (From the National LGBT Bar)

Bary Hausrath — Thu, 12 Feb 2015 16:39:18 GMT

Yesterday, Senator Jeanne Shaheen and Congresswoman Susan Davis re-introduced the Jury Access Act (S. 447) and the Juror Non-Discrimination Act (H.R. 864), respectively. These companion bills are critical pieces of legislation that would help to end anti-LGBT juror discrimination. The LGBT Bar is proud to help lead the effort for the passage of these bills, and to bring the power of the legal community to Capitol Hill in support of it.

And together, we're making real progress; today's re-introduction is bipartisan, with GOP Senator Susan Collins offering her leadership and support to this important effort.

Now, we need your help, too; please call on your Senators and Representatives to sign on as co-sponsors of the Jury Access Act and Juror Non-Discrimination Act. Visit www.Senate.gov to find your Senators' contact information and www.House.gov to find your Representative's, or call the Capitol Switchboard at (202) 224-3121. Call three times in order to be connected with both of your Senators and your Representative, and tell them you're a member of the legal community and support Senator Shaheen's and Congresswoman Davis' legislation.

Jury service is critical to ensuring our legal system works. And yet, as recently as last month, attorneys in Houston asked a judge to allow them to inquire about potential jurors' sexual orientation as a way of eliminating LGBT people from the final jury.

That's wrong, and it should be illegal. Sexual orientation and gender identity have no bearing on a juror's ability to serve. And when LGBT jurors are disqualified, there is no jury of our peers.

So please, take a moment and call your Congress Members today. Ask that they co-sponsor the Jury Access Act (S. 447) in the Senate and the Juror Non-Discrimination Act (H.R. 864) in the House and work for it's swift passage. With your help, we can bring Republicans and Democrats together to end juror discrimination.

Two Great News Items for Kids with Two Married Moms!

Bary Hausrath — Wed, 04 Feb 2015 20:36:34 GMT

The Virginia Equality Bar Association welcomes action taken by Virginia’s Registrar for Vital Records to ensure that the children born to same sex married couples have the same legal protections of children born to opposite sex married couples. Janet Rainey, the Registrar for Vital Records, sent a letter instructing a hospital in Suffolk. instructing that the birth certificate of a child born to two women who are married to each other should list both parents on the birth certificate. A copy of the letter can be found here.

In a separate but related story, amended Virginia birth certificates will be available for all Virginia-born children whose two moms were married at the time of the birth, even if the birth occurred before the marriage was legally recognized in Virginia and even if there is no order of adoption. In response to a letter from the ACLU of Virginia that you can find here, Rainey is also accepting applications to amend birth certificates to reflect both moms as parents, if the moms were married at the time of the birth, and even if the birth occurred prior to the February, August, or October 2014 court decisions requiring Virginia to recognize those marriages.

These two stories bring meaningful change for the wives of birth mothers, who for years have been denied the presumption of parentage afforded to similarly situated straight men whose wives gave birth following artificial insemination or in vitro fertilization.

The modification of birth certificates requires submitting a certified copy of the marriage certificate along with a new “Acknowledgment of Parentage” form, signed by both parents, indicating that both of them recognize Victoria as a parent. Review the letters linked above for additional information about how to ensure that the form is properly processed.

Save the date! 2/15 Brunch

Bary Hausrath — Mon, 26 Jan 2015 16:25:20 GMT

On February 15, 2015 from 11 a.m. to 2 p.m. VEBA will host a brunch at the Richmond home of board member Jeff Jacobs and his husband. The topic of discussion will be the Supreme Court's upcoming consideration of marriage equality. An evite has been sent to all of our members and other select guests. If you would like to put on a similar program in your part of the state or if you would like to attend the brunch but did not get an invitation, please email [email protected]">[email protected]

VEBA members in the news: Lesbian couple wins right to have names on children's birth certificates

Bary Hausrath — Mon, 26 Jan 2015 16:21:37 GMT

This case was successfully litigated by Coleen Quinn, VEBA member. This may be the first same sex couple to give birth in Virginia that does not have to go through the adoption process for both parents to have full parental rights. Read the full story here.

Questions about adoption?

Bary Hausrath — Fri, 10 Oct 2014 17:55:47 GMT

VEBA member Colleen Quinn has put out an article that summarizes the post-marriage equality realities for adoption by same sex couples. Check it out at http://www.lockequinn.com/lgbt-family-law/same-sex-adoption/

What does today's marriage equality ruling mean for me?

Bary Hausrath — Mon, 06 Oct 2014 18:22:04 GMT

The decision of the Fourth Circuit Federal Court of Appeals will stand and same sex marriages will now be performed in and recognized in the Commonwealth of Virginia. For the many gay, lesbian and bi people with questions about what this means for their coupling, children, and family, here is the basic overview.

I WAS MARRIED IN A JURISDICTION THAT LEGALLY ALLOWED SAME SEX MARRIAGE –WHAT SHOULD I KNOW?

1.     You are now legally married in the Commonwealth of Virginia and afforded all of the rights and obligations of a legally married couple.
2.     You are legally married for all purposes under federal law.
3.     You must now file married state as well as federal tax returns.
4.     If you are the non-legal parent of your children, you may now obtain a step-parent adoption in the Commonwealth of Virginia and become a legally recognized parent of your child(ren).
5.     You may now travel across local state lines (MD, DC, and VA) and your marriage will be recognized in all jurisdictions.
6.     The question of how far back your marriage will be recognized will not be answered in advance. If other jurisdictions are any indication, your marriages will at least relate back to when your same sex marriage became legal in this Commonwealth: either when the Fourth Circuit decision came down (July 28, 2014), or when the District Court decision came down (February 14, 2014). There is the possibility that your marriage can relate back to when it was validly performed in the jurisdiction in which you were married.
7.     You may now re-deed any Virginia property between you and your spouse so that it is owned as Tenants by the entireties – a right only afforded to legally married couples.
8.     You may now qualify for coverage of health insurance and other spousal benefits available through your spouse’s employer.
9.     You may now get divorced in the Commonwealth of Virginia, and all of the rights and privileges as well as obligations of marriage, including, but not limited to spousal support, child support, child custody, child visitation/custodial access, equitable distribution, and fault based divorces are now available to you.

I AM NOT CURRENTLY MARRIED – WHAT SHOULD I KNOW?

1.     You may now get married in the Commonwealth of Virginia.
2.     If you want to legally adopt your children, you may do so via step-parent adoption if you first get married.
3.     If you get married, and then have children, your children should be the product of your marriage and you should both be legally recognized on the birth certificate as parents. Because not all 50 states recognize your marriage, you should still perform a second- or step-parent adoption so that your legal relationship to your children can be recognized in all 50 states.
4.     Before rushing to get married, you should consult a family law attorney to discuss possible Premarital Agreements, Property Agreements, and/or Custody Agreements.

This Press Release is provided for informational purposes only, courtesy of Zavos Juncker Law Group PLLC. While every effort has been made to ensure accuracy, the contents of the Press Release should not be construed as legal advice, which, of necessity, must relate to specific factual situations and claims. This Press Release DOES NOT create an attorney-client relationship between the Virginia Equality Bar Association or its contributors and any reader. You are urged to consult with counsel concerning your own situation.

VEBA Board member Cordel Faulk's editorial in the Times-Dispatch on the importance of coming out

Bary Hausrath — Mon, 06 Oct 2014 15:58:35 GMT

VEBA Board member Cordel Faulk's editorial in Sunday's Richmond Times Dispatch entitled "A Proud Virginian: Come Out" reminds us of Harvey Milk's admonition to come out "[f]or your sake. For their sake. For the sake of the youngsters..."

"It still is as important as ever that gay Virginians stand up and boldly live an authentic life, so everyone who lives with and loves them sees a human face attached to the struggle for equality."

The editorial is particularly timely, as news of the Supreme Court's action on same sex marriage becomes widespread. Says Faulk, "[s]ome bad stuff might happen because you come out — but even better stuff will happen, too. Living an authentic life and being able to truly fall in love is living. Suffocating in a closet is biding time until you die. Gay brothers and sisters ... You must come out."

SCOTUS denies cert to Virginia marriage equality cases!

Bary Hausrath — Mon, 06 Oct 2014 14:17:59 GMT

Today the US Supreme Court denied the petitions for certiori in the Virginia marriage equality cases (and in cases impacting several other states). The court's order is here. Attorney General Herring has said that marriages can begin as soon as 1 p.m. today (October 6, 2014).

Clerks in Richmond, Charlottesville, and elsewhere have indicated that are now ready to start issuing marriage licenses.

This is an evolving story. Keep checking back for updates...

TransLaw CLE & Clinic: Recap

Bary Hausrath — Mon, 06 Oct 2014 13:57:01 GMT

VEBA's first continuing legal education (CLE) and clinical program was a huge success, helping 24 attendees at the Virginia TIES program with the necessary paperwork for name and/or gender marker changes.

VEBA is grateful to the attorneys, law students, and summit attendees who joined us for the programs. A very special thank you goes out to Amy Nelson from Whitman Walker Health, Arli Christian from the National Center for Transgender Equality, and Rachel See (seasoned volunteer attorney for the Whitman Walker name and gender marker change clinic) for coming down from the DC area to act as faculty and mentors to the attorneys participating in the clinic.

"Gay Panic" Defenses

Bary Hausrath — Mon, 08 Sep 2014 20:53:33 GMT

California is poised to make history as the first US state to ban so-called "gay panic" defenses. For those not familiar, these defenses argue that a revelation about actual or perceived sexual orientation, gender identity, or gender identity should excuse a murderous outburst so that it is merely manslaughter and not murder.

The Washington Post has a write-up about the bill, which currently awaits Governor Brown's signature.

VEBA is an affiliate of the National LGBT Bar Association, the bar organization that spearheaded passage of the California measure and continues to work to end such defenses around the country. Support VEBA through membership, volunteerism, or a financial contribution and you can be part of the effort to stop these defenses here in Virginia.

Fourth Circuit Issues its Opinion in the Bostic v. Schaefer case!

Bary Hausrath — Mon, 28 Jul 2014 19:59:34 GMT

VEBA and its Board are delighted that the Fourth Circuit affirmed the freedom to marry for all people by holding that the Virginia ban on marriage of same-sex couples violates the U.S. Constitution. With this decision, Virginia becomes the first state in the South to uphold the fundamental right to marry of all Americans, including those who choose to marry a person of the same sex. As the 24th consecutive decision to come down this way, we are proud that the Fourth Circuit has placed the Commonwealth of Virginia on the right side of history. The Richmond Times Dispatch has coverage here, and the full opinion is available here. A special congratulations to the happy couples who acted as plaintiffs in the case! Thank you!

VEBA Treasurer Marc Purintun quoted on Tax Equity issues

Bary Hausrath — Wed, 02 Apr 2014 04:17:39 GMT

An article in the Atlantic highlights the inequitable treatment of same sex married couples in taxation. VEBA treasurer Marc Purintun is quoted about the legal issues facing married same sex couples. Who knew deciding how to file could be so complicated? Your colleagues in VEBA, that's who...

Supporting Player: From coast to coast, Chris Svoboda's journey has kept her out of the limelight but on the LGBT community's front lines

Bary Hausrath — Mon, 17 Mar 2014 01:46:26 GMT

VEBA President Chris Svoboda's work for LGBT rights was featured in this week's Metro Weekly. Check out the article here.

Law student helps form advocacy group devoted to the equality of LGBT people

Bary Hausrath — Mon, 25 Nov 2013 05:14:16 GMT

Law student board member Ashley Moore's efforts to help form VEBA earned the attention of her alma mater. Read the full story here.

Virginia Gets A New Bar Association Devoted to Equality for LGBT People: The Virginia Equality Bar Association “Comes Out”

Bary Hausrath — Sat, 12 Oct 2013 01:06:51 GMT

(Richmond, Virginia) The Virginia Equality Bar Association (VEBA) came out today on the 25th anniversary of National Coming Out Day, a day on which people across America celebrate coming out as lesbian, gay, bisexual, transgender or as an ally. The theme this year is “Coming Out Still Matters,” and the Virginia Equality Bar Association showed that it agrees with the theme by choosing to “come out” today.

The Virginia Equality Bar Association is a newly organized, independent, non-partisan, voluntary professional organization of lesbian, gay, bisexual, and transgender (LGBT) legal professionals and their allies in the legal community that will seek to secure equality for lesbian, gay, bisexual and transgender people and oppose discrimination based on sexual orientation or gender identity. More than twenty legal professionals came together over the last few months to discuss the need for an organization like the VEBA that can provide a forum for education and advocacy on LGBT related issues.

“We chose to announce the formation of the VEBA on National Coming Out Day because the founding of this new bar association is an organizational coming out in every sense of the term,” said Timothy Lyons, Associate Attorney at Livingston Law in Charlottesville, one of the initial directors of the VEBA. Lyons added, “Just as coming out often educated our families and friends about the struggles and triumphs of functioning in society with an orientation not considered mainstream, by forming an organization such as this, this ‘out’ bar association will help us educate our colleagues and other members of the legal community on the struggles and triumphs facing LGBT Virginians who have no protections or status under current Virginia law. VEBA will work towards ensuring the legal systems of Virginia function without regard to a person's sexual orientation, gender identity, or gender expression.”

In articulating why the VEBA was founded, Christina Svoboda, another of the three initial directors of the Association, explained “great work has been done on a national level, and it is our intent to use this momentum to move Virginia forward in the fight for full equality for everyone.”

Cordel Faulk, Director of Admissions at the University of Virginia School of Law, also an initial director of the VEBA, described the overarching ideas of the new Association, “the greatness of the American Experiment stems from the fact that this country has been willing to acknowledge the need to broaden the Founders ideals of freedom and equality. Maybe not always as quickly as some would like–and often with a fight–but the grand sweep of this nation's history is in the right direction. The Virginia Equality Bar Association will help the commonwealth do its part to continue proving all persons, regardless of sexual orientation or gender identity, are created equal.”

Membership inquiries should be directed to [email protected]">[email protected].