Connect with us
[adrotate banner="51"]

General Assembly

‘The end is in sight’: ERA moves closer to ratification in Virginia

Resolutions to ratify the Equal Rights Amendment swiftly passed the General Assembly Wednesday. The House version passed 59-41 and the Senate bill cleared with a 28-12 vote.

Capital News Service

Published

on

By Zobia Nayyar

Resolutions to ratify the Equal Rights Amendment swiftly passed the General Assembly Wednesday. The House version passed 59-41 and the Senate bill cleared with a 28-12 vote. The next step will be for each resolution to pass the other chamber, sometime in February.

“As the House sponsor of the bill, it is an honor to lead the effort in this historic moment for women,” said Delegate Jennifer Carroll Foy, D-Prince William, in a released statement. “This vote demonstrates how greater female representation in government can significantly improve the lives of women across the country. We are here and will be heard.”

VAratifyERA, a campaign focused on the state’s ratification tweeted shortly after passage of the resolutions: “The end is in sight!”

First lady Pam Northam and daughter Aubrey Northam appeared at the House gallery to witness the moment. They joined a crowd of mostly women who cheered loudly when the measure passed.

The governor and Democratic legislators have championed the ERA as a legislative priority, promising this year the amendment wouldn’t die in the House as it has in past years.

“Today is an absolutely historic day for our Commonwealth and a major milestone in the fight for equality in this nation,” said Attorney General Mark Herring in a statement.  “Women in America deserve to have equality guaranteed in the Constitution and Virginians should be proud that we will be the state that makes it happen.”

Though Virginia passage of the ERA is seen as a symbol of the new Democratic leadership, the effort may be too late. The Department of Justice announced last week that the ERA can no longer be ratified because its deadline expired decades ago.

U.S. Assistant Attorney General Steven Engel agreed that the deadline cannot be revived.

“We conclude that Congress had the constitutional authority to impose a deadline on the ratification of the ERA, and because that deadline has expired, the ERA Resolution is no longer pending before the states,” Engel said.

Carroll Foy said in an interview last week that she believes the DOJ legal counsel’s opinion will not stop the ERA’s progress.

“I am more than confident that this is just another effort by people who want to stop progress and who don’t believe in women’s equality,” Carroll Foy said. “This is another one of their concerted efforts to deny us fundamental rights and equal protections. But the time has come; we are unrelenting. We will not be deterred, and we will have our full constitutional equality.”

The amendment seeks to guarantee equal rights in the U.S. Constitution regardless of sex. It passed Congress in 1972 but could not collect the three-fourths state support needed to ratify it. Efforts to ratify the ERA gained momentum in recent years when it passed in Nevada and Illinois.

Five states –Idaho, Kentucky, Nebraska, Tennessee and South Dakota — have stated their intent to rescind their ratification, which ERA opponents say could prevent it from being added to the constitution, according to VAratifyERA. The ERA organization said that “Article V of the Constitution authorizes states to ratify amendments but does not give states the power to rescind their ratification.” The organization points out that the 14th, 15th and 19th amendments were added to the Constitution despite some state efforts to rescind ratification.

Herring said that he is “preparing to take any steps necessary to ensure that Virginia is recognized as the 38th ratifying state, that the will of Virginians is carried out, and that the ERA is added to our Constitution, as it should be.”

Female-led groups united at the General Assembly last week, urging representatives not to pass legislation ratifying the ERA. Groups such as The Family Foundation of Virginia, Eagle Forum, Students For Life of America and Concerned Women for America said they oppose ERA ratification because the amendment does not explicitly support women’s equality.

“The ERA does not put women in the Constitution,” said Anne Schlafly Cori, chairman of Eagle Forum, a conservative and pro-family group. “It puts sex in the Constitution, and sex has a lot of different definitions.”

President of the Virginia chapter of the The Family Foundation Victoria Cobb believe women have already achieved equality.

“Today I am different than men and yet equal under the U.S. Constitution, and Virginia Constitution and Virginia laws,” Cobb said.

A statement released last week by the National Archives and Records Administration, the agency that certifies ratification of amendments, indicated that the agency will follow DOJ guidance that the deadline to ratify has passed “unless otherwise directed by a final court order.”

Still, enthusiasm was palpable Wednesday at the State Capitol.

“The people of Virginia spoke last November, voting a record number of women into the House of Delegates and asking us to ratify the ERA,” said Democratic Majority Leader Charniele Herring in a released statement. “It is inspiring to see the amendment finally be considered, voted on, and passed – long-awaited recognition that women deserve.”

Comments

comments

The Capital News Service is a flagship program of VCU’s Richard T. Robertson School of Media and Culture. In the program, journalism students cover news in Richmond and across Virginia and distribute their stories, photos, and other content to more than 100 newspapers, television and radio stations, and news websites.

Continue Reading
Advertisement

Downtown

Virginia Asian communities, lawmakers react to rise in targeted violence

Asian American communities in Central Virginia have come together in the past month, vigil after vigil in response to a spike in anti-Asian hate crimes. Virginia lawmakers are also trying to tackle the problem, and recently formed a Virginia Asian American Pacific Islander Caucus to push legislation on behalf of Asian communities, such as increased language assistance in government services.

Capital News Service

Published

on

By David Tran

Capital News Service

White signs reading “End Violence Against Asians” and “Stop Asian Hate” illuminated against candle flames outside the Richmond Korean Presbyterian Church.

More than 60 people gathered recently in Southside Richmond for the candlelight vigil to commemorate the Atlanta shooting victims and to call attention to recent anti-Asian violence.

“We did not want to be here, but we are here because of the hate,” said Mahmud Chowdhury, chairman of the Asian American Society of Central Virginia. “Because of madness in some people’s hearts and because of racism.”

The vigil was one of numerous events across Virginia this past March as communities, advocates and lawmakers came together in response to the murder of eight people in Atlanta. Six of the eight victims were Asian women. Police charged 21-year-old Robert Aaron Long, who is white, with eight counts of murder.

A “Stop the Hate” rally was held in Richmond’s West End three days after the vigil. Community leaders and dignitaries, such as Attorney General Mark Herring and State Sen. Jennifer McClellan, D-Richmond, spoke at the rally.

May Nivar, who is Asian American and chair of Gov. Ralph Northam’s Asian Advisory Board, said she attended the vigil to show support for her community.

“It’s important that we all stand together and stand not only together amongst our own community but also with other marginalized communities,” Nivar said.

Nivar also is a founding member and chair of the Asian & Latino Solidarity Alliance of Central Virginia and member of the Richmond chapter of Virginia Center for Inclusive Communities. She said fundamental local and federal legislative changes are needed to address anti-Asian discrimination.

“These vigils, they help bring the community together when we’re hurting,” Nivar said. “However, the real change has to come at the root cause. And that’s racism.”

These changes, Nivar said, include anti-racist policies in government and education, such as teaching the history of minorities. She said white supremacy plays a part in the absence of teaching the history of marginalized communities in schools, such as African American and Asian American history.

Nivar said the Asian American and Pacific Islander community also needs to internally reflect on its part in addressing systemic racism and striving for substantial changes.

“We need to work with ourselves,” Nivar said. “There’s a lot of anti-Blackness in our community. There’s a lot of colorism in our community. There’s a lot of layers to unpack.”

State legislators recently formed a caucus to advocate legislation for Asian American and Pacific Islanders in Virginia, which the founding members said was partly a response to recent anti-Asian hate crimes.

Del. Kathy K.L. Tran, D-Springfield, said the movement to combat Asian hate is part of a larger racial and economic justice movement.

The caucus plans to work alongside the Virginia Legislative Black and Virginia Latino caucuses to push out legislation to “achieve our common goals of a more equitable future for Virginians.”

Tran was overcome with emotions as she reflected on the surge of violence against Asian Americans in the past months.

“It’s as if we have been so othered, that we’re at the point that we’re dehumanized,” Tran said, “and that you could be cruel against us. You can be a bully against us, because nobody’s going to stand up to help us.”

Days after Tran’s remarks, a Filipina American woman was brutally attacked in New York City during the day. No one intervened.

Tran’s family came to the United States as refugees from Vietnam. Her family dealt with discrimination and microaggressions when they moved to the U.S, she said.

“I’m thinking about my own experience and unpacking that,” Tran said. “That’s hard. It’s just a lot of trauma.”

Del. Kelly K. Convirs-Fowler, D-Virginia Beach, said the Asian American community has a long history of enduring xenophobia and racism. Convirs-Fowler, who is of Filipino descent, added the Asian American and Pacific Islander community will not be a scapegoat. She rejected the notion that the group is a model minority, a stereotype that paints Asian Americans as hardworking and economically successful compared to other ethnic minorities. She said the caucus formation “symbolizes a shift” in Virginia’s Asian American community.

The caucus members do not have a firm list of policy agendas, but they will have a virtual listening tour in April to gauge issues and concerns in the Asian American and Pacific Islander community. They will virtually meet with the public in Northern and Central Virginia and Hampton Roads.

Del. Suhas Subramanyam, D-Ashburn, said the caucus will incorporate the feedback into its policy agenda, which it plans to release in May, coinciding with Asian American Pacific Islander Heritage Month. The caucus will pursue specific legislation during the 2022 General Assembly session.

Del. Mark L. Keam, D-Fairfax, said he wants to improve language access at government services for Asian Americans and others who do not speak English. He said non-English speakers are not getting vital information about COVID-19 vaccine distribution or unemployment insurance claims due to the lack of language assistance.

While Atlanta law enforcement have not declared the killings a hate crime, many Asian Americans believe the shootings are another example of the spike in anti-Asian violence since the start of the COVID-19 pandemic.

Advocates and lawmakers have linked the hate crimes to rhetoric blaming the Asian community for COVID-19. Many attribute the origin to former President Donald Trump’s usage of the terms “Chinese virus” or “Kung flu” to describe COVID-19.

“The past administration in the White House frequently sought to demean and dehumanize,” the Asian American and Pacific Islander community and didn’t respond to growing attacks, said Sen. Ghazala Hashmi, D-Chesterfield.

Hashmi introduced a bill this legislative session to expand the definition of hate crimes to include attacks based on the perception of a person’s identity. The bill failed to advance.

Tran said anti-Asian hate crimes may go unreported because most people are afraid to come forward.

“They might not have the language abilities, the trust of law enforcement, and they just don’t know how to report,” Tran said.

Subramanyam said he received calls and emails from Asian Americans, especially South Asian Americans, reporting hate incidents to his office because they feel uncomfortable reporting to law enforcement.

There were 215 reported victims of anti-Asian hate crimes in 2019, according to an FBI hate crime statistics report. Anti-Asian hate crimes increased nearly 150% from 2019 to 2020 in 16 major U.S. cities, according to a Center for the Study of Hate and Extremism report.

Almost 50 hate incidents against Asian Americans occurred in Virginia since March 2020, according to a report by STOP AAPI Hate, a group that tracks hate incidents against Asian Americans. The organization uses the term hate incident to account for incidents motivated by bias that might not be legally defined as a crime, such as racist slurs.

Nearly 3,800 hate incidents nationwide were reported to the organization since the pandemic. Virginia was one of the top 18 states with the most reported incidents, joining Maryland and the District of Columbia.

Reported hate incidents in Virginia were much lower than incidents reported in California, New York and Washington, which accounted for a majority of incidents. The group received almost 1,700 hate incident reports in California.

The majority of individuals reported verbal harassment, followed by shunning and physical assault. Chinese is the largest ethnicity group to report hate, followed by Koreans, Vietnamese and Filipinos. Women reported more than twice as much anti-Asian discrimination than men, according to the report.

There is a long legacy of anti-Asian racism in the U.S. that is often intertwined with misogyny, experts said. One of the earliest acts of anti-Asian sentiment was the 1871 Chinese massacre in Los Angeles that killed 19 Chinese immigrants, said Sylvia Chong, associate professor of American studies at the University of Virginia.

The Page Act of 1875 denied Chinese women entry into the U.S. due to “lewd and immoral purposes” because “they were seen as a sort of a threat to immigration, but also, they were characterized as not being virtuous,” said Shilpa Davé, associate dean and assistant professor of media studies at UVA.

 Anti-Asian discrimination seeped into laws, such as the Chinese Exclusion Act of 1882 that prohibited all immigration of Chinese laborers. It was the first federal law to bar a specific ethnic group from coming into the country.

Chong and Davé said the U.S. military presence and imperialism in Asia during the 20th century escalated the sexualization of Asian women. Chong said there was “persistent encouragement and use” of the local population to satisfy the military’s sexual needs.

“This introduces to American troops … the notion that Asian women in particular are in the position of sexual servitude,” Chong said. “So this follows people home.”

This narrative carried over and persisted in American popular culture, in numerous films and musicals, such as “Miss Saigon” portraying Asian women as sex objects, Davé said. It created the stereotype of Asian women being “sexually promiscuous or self-sacrificing” which became ingrained in American society.

The Atlanta shootings and recent violence underscore the intersectionality of gender, class and immigration status in anti-Asian racism, Chong said. While there is no indication the Atlanta shooting victims engaged in sex work, she said, Asian massage parlor workers are vulnerable to sexual exploitation. Low-wage laborers, such as massage spa workers, are often exploited and demonized, she said. There is also a narrative that they need to be “saved from their lives,” which is harmful, according to Chong.

“They need to be given the protection to live their lives as others do,” Chong said. “Free from coercion, law enforcement coercion, as well as the random violence, societal violence. This is what any person in society wants.”

Comments

comments

Continue Reading

Downtown

Senate rejects gun control bill amendments

The Virginia Senate rejected the governor’s amendments to a bill that restricts the gun rights of anyone convicted for assault and battery of a family member.

Capital News Service

Published

on

By Hyung Jun Lee

The Virginia Senate rejected the governor’s amendments to a bill that restricts the gun rights of anyone convicted for assault and battery of a family member.

Under House Bill 1992, introduced by Del. Kathleen Murphy, D-Fairfax, anyone convicted of assault and battery of a family or household member would be prohibited from owning, purchasing or transporting firearms for a period of three years.

Gov. Ralph Northam proposed increasing the probation period from three years to five years. The governor also wanted to expand the bill to include individuals who were living together or who had cohabitated within 12 months.

The individual’s Second Amendment rights automatically will be restored after the probationary period, unless they receive another disqualifying conviction. Anyone who fails to comply with this bill would also be guilty of a Class 1 misdemeanor.

This may include jail time for up to 12 months, a fine of up to $2,500, or both.

“We know that domestic abusers should not own or purchase guns because when they’ve got one, they use one,” Murphy said when introducing the bill.

Senate Bill 1382, introduced by Sen. Barbara Favola, D-Arlington, established similar parameters but a lesser punishment for failure to comply. The Senate rejected the bill in a 22-16 vote.

The General Assembly met last week to review the governor’s proposed changes.

Lawmakers in the House passed the amendment along party lines, but it failed in the Senate. Democrats joined Republicans to vote against the changes.

Opponents said the measure is too restrictive for a misdemeanor charge.

Philip Van Cleave, president of the Virginia Citizens Defense League, said the VCDL historically would not have supported this legislation in its original form. The VCDL is a group created to protect the Second Amendment rights of Virginians.

The original bill was amended in the Senate to include rights restoration unless there was a disqualifying conviction, a protective order that would restrict the right to carry a firearm, or another legal prohibition. VCDL supported this amendment.

If a Virginia citizen lost their gun rights due to a misdemeanor charge, they would lose it forever under federal law, according to Van Cleave. HB 1992 remedies this situation.

“Right now, if you lose your gun rights due to a misdemeanor domestic violence in Virginia, you lose them forever,” Van Cleave said.

David Adams, legislative director for the Virginia Shooting Sports Association, shared some of the sentiments made by Van Cleave. The VSSA is an association that promotes shooting sports and defends firearm ownership. However, Adams opposed the bill because it would take away someone’s constitutional right due to a misdemeanor charge.

“Everyone will say ‘well, but it’s domestic violence related,’” Adams said. “But we don’t take away basic constitutional rights for misdemeanors for any other type of misdemeanor crime.”

Adams also said that while a gun owner’s rights would be automatically restored after three years at the state level, those rights may not be restored federally.

Legislators in support of Northam’s amendment said last week that there are a number of couples who cohabitate but are not married.

“Domestic violence does take place in those situations,” Favola said. “A third of our homicides are really the result of domestic violence.”

Sen. Chap Petersen, D-Fairfax said he did not expect the amendment to come back to lawmakers, or he never would have voted for the original bill.

“This bill expands the definition in a way that we did not intend,” Petersen said.

Petersen explained that by including cohabitants, there are convoluted situations which could unfairly cause someone to lose their gun rights.

“You could have a roommate, you could be living with your sister, you could be living with a couple people in the same house that are unrelated,” Petersen said. “If there is a child there, which is a child of either one of them, and they get into an altercation or shoving match, police are called, now somebody loses their gun rights for three years.”

Lori Haas, senior director of advocacy at the Coalition to Stop Gun Violence, spoke in support of the bill during its initial committee reading. She said that someone with a past history of violence is likely to be a repeat offender.

“We know that a history of violence is the single biggest predictor of future violence,” Haas said. “Oftentimes, it’s the second or third charge before the conviction sticks.”

Guns are used to intimidate, control and harass victims, Haas said.

“There are a number of situations where victims suffer consequences from an abuser owning and possessing a firearm,” Haas said. “The most serious consequence of which is death.”

Jonathan Yglesias, policy director at Virginia Sexual and Domestic Violence Action Alliance, also spoke in favor of the bill. He said the bill is a common-sense measure that will protect individuals as well as the community.

“We know that offenders of sexual and domestic violence account for 54% of all mass shooting events in the U.S.,” Yglesias said. “These policies aren’t just an issue of individual and family safety, but they’re issues of community and public safety as well.”

The governor has 30 days to act on the bill, or it will become law without his signature.

Comments

comments

Continue Reading

Downtown

Marijuana possession and cultivation could be legal by July

Virginia Gov. Ralph Northam amended legislation to accelerate the legalization of marijuana possession and home cultivation in the state to July as opposed to 2024.

Capital News Service

Published

on

By Sam Fowler

Virginia Gov. Ralph Northam amended legislation to accelerate the legalization of marijuana possession and home cultivation in the state to July as opposed to 2024.

“Virginia will become the 16th state to legalize marijuana—and these changes will ensure we do it with a focus on public safety, public health and social justice,” Northam stated in a release.

The governor proposed changes to House Bill 2312 and Senate Bill 1406, which passed earlier this year during the Virginia General Assembly’s special session. The bills legalized marijuana possession and sales by Jan. 1, 2024, but marijuana legalization advocates and Democratic lawmakers lobbied to push up the date for possession.

“This is an historic milestone for racial justice and civil rights, following years of campaigning from advocates and community groups and a strong push by the Virginia Legislative Black Caucus,” the group Marijuana Justice stated in a press release.

Marijuana Justice seeks to legalize the use and possession of marijuana. The group advocates for communities most impacted by the criminalization of drugs with their “legalize it right” campaign.

The bills allow adults 21 years of age or older to legally possess up to 1 ounce of marijuana if they don’t intend to distribute the substance. Virginia decriminalized marijuana last year and reduced possession penalties to a $25 civil penalty and no jail time for amounts up to an ounce. In the past, possessing up to half an ounce could lead to a $500 fine and 30 days in jail.

Individuals can cultivate up to four cannabis plants without legal repercussion, with punishments ranging from misdemeanors to jail time if over the limit. The governor’s amendments would allow households to grow up to four plants beginning July 1. The plants would need to be labeled with identification information, out of sight from public view, and out of range of people under the age of 21.

Legislators will review the governor’s proposals during the General Assembly’s reconvened session on April 7, according to Del. Kaye Kory, D-Falls Church, one of more than two dozen legislators who sponsored the House bill.

Chelsea Higgs Wise, executive director of Marijuana Justice, said legalizing simple marijuana possession now rather than later is important for racial justice.

“Waiting until 2024 to legalize simple possession and therefore stop the desperate policing is allowing this continued bias enforcement against Black Virginians to continue for three years,” Wise said.

Accelerating the legislative timeline is key, Kory said.

“The figures show that it is much more common for a Black or Brown person to be charged with possession,” Kory said.

A state study released last year found that from 2010 to 2019 the average arrest rate of Black Virginians for marijuana possession was more than three times higher than that of white residents for the same crime—6.3 per 1,000 Black individuals and 1.8 per white people. This is despite the fact that Black Virginians use marijuana at similar rates as white residents. The conviction rate was also higher for Black individuals. Northam stated that people of color were still disproportionately cited for possession even after marijuana was decriminalized.

The original legislation established the Virginia Cannabis Control Authority as the regulatory structure for the manufacture and retail sale of marijuana and marijuana products.

The governor’s amendments would allow the authority to revoke a company’s business license if it interfered with union organizing efforts; failed to pay a prevailing wage as defined by the U.S. Department of Labor; or classified more than 10% of employees as independent contractors.

Lawmakers grappled with the dangers of juvenile use of marijuana, Kory said, and the impact of use on developing brains.

Marijuana Justice wants to remove the delinquency charge that designates marijuana possession a crime, not a civil penalty, if committed by someone underage. The penalty is still up to $25.

“Instead of punishment, young people should be evaluated for appropriate services that address the root causes of their usage,” Marijuana Justice stated.

The amendments would fund a public awareness campaign on the health and safety risks of marijuana. The changes also would train law enforcement officers to recognize and prevent drugged driving. Northam stated that his amendments include “explicit language directing ongoing support for public health education.”

The bill established a Cannabis Equity Reinvestment Board tasked with providing youth mentoring programs to marginalized youth and those in foster care, as well as providing scholarships to children who have been negatively impacted by marijuana in their family or community.

The current expungement of marijuana-related crimes is set for July 1, 2025. Northam’s new amendments call for marijuana-related criminal records to be expunged and sealed “as soon as state agencies are able” and to “simplify the criteria” for when records can be sealed. This will allow individuals convicted with marijuana offenses to be resentenced, according to the new amendment.

The bills originally passed along party lines. No Republicans voted for either bill, and several Democrats in the House did not vote on either measure. Sens. Richard Stuart, R-Montross, and Jill Vogel, R-Warrenton, stated that the governor’s amendments helped assuage their original concerns.

The conservative, faith-based organization The Family Foundation told supporters Thursday to contact their representatives and urge them to vote against the accelerated timeline.

The organization stated that violent and nonviolent crime rates have increased in states that have legalized marijuana, citing an opinion piece from a police defense group.

“It’s always been about generating more tax revenue to finance the ever-expanding state bureaucracy, creating massive fortunes for those who would use marijuana (like gambling) to prey on our most vulnerable citizens, and catering to a generation increasingly void of moral standards,” stated Victoria Cobb, the foundation’s president.

Comments

comments

Continue Reading

Richmond Weather