Town Of Bethany Votes To Prohibit Anti-LGBTQ Discrimination

On Wednesday, the Bethany Town Council unanimously voted to adopt a local fairness law, which prohibits anti-LGBTQ discrimination in housing, employment and public services.

The Bethany Town Council unanimously voted to prohibit anti-LGBTQ discrimination in housing, employment and public services Wednesday evening.

The council passed a new ordinance known colloquially as a fairness law, which expands nondiscrimination policies locally.

These ordinances provide residents protections from discrimination on the basis of sexual orientation or gender identity, which are omitted from the West Virginia Human Rights Act.

The small Brooke County community is not alone in passing protections for LGBTQ residents. Eighteen other municipalities across West Virginia have passed local fairness laws as recently as 2022.

LGBTQ advocacy groups like Fairness West Virginia say these laws demonstrate that West Virginia communities welcome diversity, and are taking proactive steps to support LGBTQ residents.

The laws “telegraph to the entire state, and entire country, and the world for that matter, that those communities are inclusive places to live and raise a family,” said Executive Director Andrew Schneider.

Schneider said Fairness West Virginia works with communities to spread awareness about local fairness laws, but that community organizers in Bethany took initiative in pushing for the policy.

“Bethany’s leaders stepped up to protect their LGBTQ friends and neighbors,” he said. “They proved yet again that no community is too small to welcome everyone.”

The idea for the Bethany ordinance arose when Erin James-Brown, a local community leader and West Virginia transplant, learned that the state lacked codified protections against anti-LGBTQ discrimination.

James-Brown serves as pastor of the Bethany Memorial Church, which is “an LGBTQ+-affirming church,” she said. “We have queer people in (our) leadership and we celebrate marriages. They’re an essential part of our life as a church.”

After hearing about Fairness West Virginia’s advocacy work, James-Brown said she approached members of the Bethany Town Council with the idea of passing a non-discrimination ordinance for LGBTQ residents.

Over the course of several months, James-Brown said she watched as the council worked through the policy and, ultimately, settled on a law to pass.

In addition to supporting LGBTQ residents, this brings opportunities for new businesses and tourists to come to the small town, James-Brown said.

“To have it passed, I just broke out into applause,” she said. “The responses I’ve gotten are text messages from people just saying how excited they are.”

Beyond advocacy on the local level, Schneider said his organization has encouraged state lawmakers to pass a fairness law for the entirety of West Virginia.

Fairness laws have been introduced in the West Virginia Legislature before, with a bill prohibiting anti-LGBTQ discrimination proposed just months ago at the start of the 2024 legislative session.

But these bills rarely get traction, despite support from advocacy groups. This year’s bill was sent into a committee on the first day of the regular session, where it sat for all sixty days.

Despite setbacks like these, Schneider said that the success of fairness laws on the local level shows growing support for the LGBTQ community across West Virginia.

“We hope that, eventually, (as) more communities adopt these laws, it will put increasing pressure and influence on their state legislators to take the action to get the law passed statewide,” he said.

When W.Va. Delegate Compared LGBT to KKK, He Highlighted the History of Religious Right Prejudice

When West Virginia House of Delegates member Eric Porterfield, R-Mercer, called the LGBT community “the modern-day version of the Ku Klux Klan” in an interview with a Charleston Gazette-Mail reporter last week, it drew condemnation not just in the state, but nationwide. But Porterfield, in fact, joined a long legacy of right-wing evangelicals who have conflated legal protections for lesbians, gay men, bisexuals and transgender people with white supremacy and domestic terrorism.

The Southern Baptist Convention in 2012 resolved that “homosexual rights activists” had “misappropriated the rhetoric of the Civil Rights Movement” in advocating for marriage equality and other legal protections. 

Bryan Fischer, former director of issues analysis for the American Family Association, has compared LGBT people to Nazis numerous times, arguing in a 2010 column that “homosexuality gave us Adolph [sic] Hitler.” 

And Tony Perkins, president of the Christian conservative lobbying group the Family Research Council, argued in a 2018 column on the organization’s website that marriage equality was really “about obliterating every moral and cultural boundary humans have ever known.”

“The LGBTQ is suppressing the freedom of people that disagree with them and forcing their ideology,” Porterfield told Rachel Anderson, a reporter and weekend anchor with the Bluefield, West Virginia, TV station WVVA, in a separate interview.  

“If they do not get their way, they cause chaos, apply pressure, intimidate, internet stalk,” he added. “They’re the most evil-spreading and hate-filled group in this country.”

Porterfield’s comments came after a controversial rant in a legislative committee meeting, during which lawmakers were debating a bill to add protections to the state’s housing and employment nondiscrimination law for sexual orientation and gender identity. 

His broader claim that “the LGBTQ” are harming America by lobbying for equal protections under the law is not new either. It’s right out of the right-wing evangelical playbook, according to Randall Balmer, an Episcopal priest and historian whose work studying the religious right has been recognized with numerous accolades, including an Emmy nomination for script-writing and hosting the PBS documentary based on his book, “Mine Eyes Have Seen the Glory.” 

Balmer said that right-wing evangelical leaders often rely on a “rhetoric of victimization” to make themselves seem persecuted in the face of changing social norms. 

“That, by the way, is one of the reasons that they embrace Trump…he’s very good at this rhetoric of victimization,” Balmer said. “What this guy in West Virginia is saying is just a variant on this. ‘We’re the ones who are under siege, we’re the ones who have some sort of grievance that needs to be redressed.’” 

But even given this context, Porterfield’s comparison of LGBT people with the KKK is a strange one, given the religious right’s origins. Although many believe abortion had a central role in pushing evangelical leaders toward politics, pro-life rhetoric did not become important in those circles until well past the 1970s. 

In a Politico Magazine piece, Balmer traces the beginnings of the evangelical right’s political efforts to a court case in the late 1960s, when a group of Black parents in Holmes, Mississippi, filed a lawsuit against the U.S. Treasury Department in hopes of preventing segregated private K-12 schools from receiving full tax-exempt status. As the Internal Revenue Status targeted the tax exempt status of private, segregated primary and secondary schools, leaders like the late Jerry Falwell became involved in the fight. “In some states it’s easier to open a massage parlor than to open a Christian school,” Falwell is quoted as saying at the time in an article in The Nation exploring the preacher’s racist roots. 

The racism exhibited by leaders of the evangelical right at the time was not limited to their efforts to preserve whites-only Christian academies. Tony Perkins, the aforementioned president of the Family Research Council, had no problem associating with the KKK when he served in Louisiana’s House of Representatives. He even spent time with David Duke, a former grand wizard for the white supremacist hate group. 

“The religious right has its roots in racism, I’m sorry to say,” Balmer said. “So for this guy to kind of call on that trope is both ironic, but also fully compatible with the history of this movement.”

Heather Warren, a University of Virginia religion professor who studies American religious history, agreed with Balmer, adding that racism and Christianity were intertwined not just in evangelical movements, but in “hardcore KKK ideology.” Warren, who is also an Episcopal priest, said that in the 1950s and ‘60s, leaders in the religious right were fighting not to make America great again, but “to keep America Christian.”

“And Christian and white and democracy all went together,” she said. “They were all interchangeable. There was this way that it all added up to a white supremacy.”

So laws and ordinances banning discrimination based on sexual orientation and gender identity are a direct affront to democracy, Warren said, and an attack on democracy is synonymous with an attack on white Christianity and America, under this belief system. 

“When Falwell was alive and writing, usually in his catalogue of phenomena and types of people who were eroding America and eroding American democracy, he’d often start off with homosexuals at the top of his list,” Warren said. “Feminists were close behind.”

It’s a convenient leap to make if you want to demonize the continued push for increased LGBT rights, which Porterfield seems to think are somehow wholly separate from the gay community. He clarified in his interview with Anderson that his original statement was an “anti-LGBTQ sentiment,” not an “anti-gay sentiment.” 

Even before taking office, Porterfield made his positions on issues that directly impact the LGBT community clear. In a December interview, Porter condemned efforts to outlaw conversion therapy in West Virginia, a practice opposed by every major credible psychology or psychiatry organization. Porterfield called efforts to ban the practice “bigoted and discriminatory” and that the counseling practice should be protected as free speech.

Historically, conversion therapy methods have relied on tactics like castration, induced vomiting and electroshock therapy to “cure” LGBT people. While the unscientific and unethical therapeutic method has been banned or condemned in a number of states, including California and Washington State, New York is the only Appalachian state so far to outlaw it. 

Porterfield’s comments, both before taking office and since, make it clear that he believes being criticized for bigotry is on par with a legacy of racist, sexist, homophobic and transphobic violence rooted in white supremacy and white Christianity. By making this comparison, he’s dismissing that Black and LGBT Americans have faced far worse than a few mean comments online.

The KKK was infamous for carrying out lynchings against Black Americans, a hate crime that often involves hanging but often also can include being burned alive or shot multiple times. The 1998 murder of Matthew Shepard’s, a gay college student from Wyoming who was beaten and left to die tied to a fencepost,is sometimes considered a lynching, and the history of lynching was painfully brought up for many Black LGBT Americans recently when Jussie Smollett, a Black gay actor, was assaulted by two men in Chicago who put a noose around his neck.

There’s hope, however, for Balmer in the form of younger white evangelicals who might not share Porterfield’s extreme beliefs.

“Not that his views are unique, and not that his vitriol is unique,” Balmer said. “But I think it’s changing, and much of it is generational.” 

Balmer says young evangelicals are already showing they’re more concerned about issues like ending widespread hunger and poverty than whether someone is trans or attracted to a person of the same gender. Hopefully, he says, one day these young people will refuse to back other politicians like Porterfield and focus their efforts on finding solutions for struggling communities.

Tiffany Stevens (@tiffanymstevens) is an independent journalist living in Southwest Virginia. Their work focuses on the media, the LGBT community and Appalachia.

Assistant Principal Accused of Harassing Transgender Student

A West Virginia high school’s assistant principal should be disciplined after questioning a transgender male student over his choice of bathrooms and saying, “you freak me out,” the American Civil Liberties Union said.

The ACLU’s West Virginia chapter said it has asked the Harrison County schools superintendent to take action against Assistant Principal Lee Livengood at Liberty High School in Clarksburg. An ACLU statement said the chapter also is seeking best-practice policies and training in the school system for dealing with transgender students and issues.

Fifteen-year-old student Michael Critchfield said Monday night in an interview he was traumatized by the Nov. 27 incident in a school boys’ bathroom.

County schools Superintendent Mark Manchin didn’t immediately respond to a request for comment Monday.

According to Critchfield, the school’s band was preparing to take an afterschool bus trip to Morgantown to watch a performance at West Virginia University. Critchfield said he went to the bathroom and checked to see if anyone was standing at a urinal before he went into a stall.

Livengood then opened the bathroom door and asked if any students were in the stall. Critchfield replied, and when he left the stall, Livengood was standing in the bathroom doorway and blocked Critchfield from leaving.

Critchfield recalled Livengood repeatedly yelling, “Why are you in here? You shouldn’t be in here.”

Critchfield replied it was his legal right to use that bathroom. He said Livengood used improper pronouns when referring to Critchfield and challenged him to use a urinal to prove that he was a boy.

“I felt really degraded and discriminated against,” Critchfield said.

Critchfield said other students had heard screaming coming from the bathroom and told a chaperone, who saw both Critchfield and Livengood walk out.

According to Critchfield, Livengood then said, “Not going to lie. You freak me out.”

Critchfield said school “should feel like a safe place. Kids like me should never have to go through anything like this. At the end of the day all I wanted was to feel welcome.”

ACLU West Virginia executive director Joseph Cohen called it “a life or death issue.” The American Academy of Pediatrics published a study earlier this year showing 51 percent of trans male adolescents had attempted suicide.

“The stakes couldn’t really be higher here,” Cohen said. “It’s past time that West Virginia schools take LGBTQ issues seriously.”

Critchfield’s mother, Caroline Critchfield, said the incident infuriated her.

“As a parent, that is my child that you are talking to,” she said. “His job was to provide safety, to protect my son while he was in school. Not bully. Not badger. Not to humiliate. Not to tear someone down. Not cause phobia. Not cause discrimination against him. What is this teaching our students?”

Huntington Mayor Champions LGBT Inclusion

For years lesbian, gay, bisexual and transgender residents of Huntington and their allies drove to Columbus or Charleston to celebrate Pride Month. This year, Huntington recognized the month of LGBT awareness by hosting its second annual Pride Picnic.

It’s part of a LGBT-inclusion campaign spearheaded by the city’s mayor, Stephen Williams. At the event, 20 vendors and exhibitors set up tents with local goods, resource materials and rainbow flags. College students from the Marshall University radio station played Dolly Parton and Lady GaGa on loudspeakers. Hundreds of Huntington residents munched on free hot dogs and slaw. The event was family-friendly, and kids played in a sprinkler nearby.

The Pride Picnic is one product of Huntington’s recent efforts to improve conditions for LGBT people in the community. Jacqui Lewis, a Huntington resident, attended the picnic with her fiance, Bernice Miller.

“We were here last year for the first and this year is better. More people and we have all the booths and everything. My friends from across the country say, ‘You have gay day in West Virginia? I can’t believe it!'” Lewis said.

Huntington’s campaign for a more inclusive community started around 2014, when the Human Rights Campaign, the largest LGBT advocacy organization in the U.S., gave Huntington a low rating on the Municipal Equality Index, an annual score given to municipalities to measure their LGBT inclusivity. The rating tracks local governments’ actions and policies related to LGBT inclusion, such as prohibiting discrimination in housing or employment, appointing LGBT liaisons to the mayor’s office or police department, and making public statements supporting LGBT rights.

Huntington’s 2014 score was just a 45 out of 100.

“I looked at it, and I was sick to my stomach, and I was ashamed. I was ashamed. So I thought, the city that I love is better than that. I said look at this, this isn’t acceptable. Find out what we have to do to start improving our scores,” Williams said.

Huntington has made big strides since 2013. The city council unanimously passed a non-discrimination ordinance protecting LGBT people on the basis of sexual orientation and gender identity. In 2015, Mayor Williams appointed a new LGBT Advisory Committee. The next year, Huntington launched an ‘Open To All’ campaign recognizing local businesses committed to celebrating diversity and inclusion.

Justin Murdock, co-chair of the Mayor’s LGBT Advisory Committee, witnessed how the Human Rights Campaign’s scoring system motivated Williams.

“He’s an ex-Marshall football player, just a real competitive guy all around,” Murdock said of the mayor. “Not just in this, but in everything he does, he says, I don’t want to follow what Charleston is doing, I don’t even want to follow what Lexington or Columbus are doing. I want Huntington to lead the way.”

Xavier Persad, an attorney at the Human Rights Campaign, pointed out the significance of Huntington’s action: “In a state like West Virginia, where there are no state-level LGBTQ inclusive non-discrimination protections, when a city council passes employment, housing, and public accommodation protections that includes everyone in a community, those are the only protections available to make sure that LGBTQ residents aren’t fired from their jobs or denied housing.”

Jan Rader, Huntington’s openly gay fire chief, attended the Pride Picnic with her partner and her dog.

“Without Mayor Williams’ leadership, this wouldn’t be happening.” Rader said, adding, “It’s important for people to be who they are and to not feel threatened by being themselves. It took me a long time to be comfortable in my own skin. … People in the LGBTQ community still have to worry about basic human rights from time to time, and that’s not good.”

In addition to his record as a Marshall University football player, Williams is also a former investment banker. He emphasized that creating LGBT-friendly policies in a region where cities are competing for residents and business makes economic sense.

Research suggests that tolerance is an important factor in stimulating a region’s economic growth. Economist Richard Florida has published research on the role of tolerance in economic development, finding that tolerance and openness attracts more highly skilled workers, encourages entrepreneurship and raises regional wages.

While it might be too early to measure the economic impacts of LGBT-friendly city policies in Huntington, the city scored a 95 in 2017 on the Human Rights Campaign’s index. That’s the same score as Berkeley, California. Last year Charleston, West Virginia scored a 67. Parkersburg scored a 20.

“Very simply,” Williams said, “we can’t afford to say we’re only taking certain people. Frankly in this part of the country, if we’re LGBT-inclusive and folks find that this an area they can come and be accepted and live their life, come on down to Huntington. If Huntington, WV can do it, certainly everyone else can. At the very least in Appalachia.”

Next year, he hopes Huntington can earn a perfect score from the Human Rights Campaign on LGBT inclusion — and maybe, it will be the ticket to jumpstarting Huntington’s economy.

Marshall University Aims to be More Inclusive to LGBT Students

Marshall’s LGBTQ+ office is located in a central campus building, down in the small corner of the basement. There’s a comfy lounge area, with couches, books and a TV. The students meet here for occasional support group meetings, or just to watch movies and unwind. In a back room, there’s a walk-in closet with hundreds of dresses, suits, pants and shoes arranged on hangers and shelves. A full-length mirror hangs on the door. 

There isn’t a men’s or a women’s section. And that’s intentional. This is called the Trans Closet, the campus free store for students who identify as LGBT—or are questioning their gender or sexual identity.

“When you go in a store, are you getting looked at or judged? No. And they shouldn’t either” said Shaunte Polk the director of this office. Polk also leads the Center for African American Students.

And all the items here were donated by students or people in Huntington.

In addition to dresses, pants and shirts, there are necklaces, scarves, shoes, bags, nail polish, swimsuits and sunglasses. “We have everything. If you can dream it, we have it in here,” said Polk.

There are other free stores like this in cities and universities across the country, but LGBT advocates in West Virginia believe this is the first of its kind here.

Polk identifies as straight, but she says she’s an ally of the LGBT community and a Marshall graduate herself. Through that lens, she can see that the school has come a long way. She remembers what she describes as a culture of discrimination against LGBT people 15 years ago when she was a student here, including stories of gay couples being ridiculed for kissing in public.

“Nobody was really out and proud. Now I see students holding hands students wearing rainbow shirts or pants.”

But in 2015, an assault on a couple near Marshall shocked the community. Marshall football standout Steward Butler was accused of hitting and taunting two men after they kissed publicly in downtown Huntington, not far from campus. Butler was a star athlete, recognized across the country as a leading running back in college sports. Marshall dismissed him from the team a day after he was arrested. He was charged with battery and with two felony civil rights violations.

Butler was ordered to serve six months in jail.

The case made its way to the state’s Supreme Court. But in a 3-2 vote, the justices ultimately agreed with a lower court to dismiss most serious charges because the state’s hate-crime law doesn’t cover discrimination based on gender identity or sexual orientation.

Since the 2015 incident, Shaunte Polk’s office has expanded its work. It hosted Marshall’s first Lavender graduation this spring. Other campuses, like West Virginia University, have similar events to celebrate graduates who identify as LGBT.

The office will also start a support group for transgender students this fall and do another clothing drive for the transgender closet. Last year’s was a success.

“It wasn’t a bag or two. It was wall to wall clothing. And it just makes me very, very proud to say that West Virginia, Marshall, Huntington, is moving in a great direction,” said Polk.

But one Marshall student says there’s still work to be done. Jo Gates is a transgender woman going into her junior year. She’s from Parkersburg, West Virginia. She didn’t start her transition until she came to Huntington. 

Credit Jo Gates
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Jo Gates is an upcoming Junior at Marshall University and identifies as a transgender woman

“I remember in my freshman year I went to go ask the LGBTQ office if they had any information on transgender hormones. They just seemed like they were very misinformed about the process.”

Gates said she doesn’t blame the office or Marshall. She just wishes they had been able to help answer her questions. Instead, she searched for resources online.
“I know they are taking steps to get better. They’re getting more actual queer people to work in the office.”

Gates said she also doesn’t like that the LGBTQ+ office is located in a basement. “The fact that an office for people is in a basement explains how visible our issues are at school because it’s like they’re kind of hidden. Literally.”

Gates is a journalism major, and for a class, she made a short film about the dorm floor where she lives. It’s Marshall’s first gender-neutral residence space, a big deal for Gates because all Marshall students are required to live on campus their first two years of school. The chance to live in this dorm, with gender neutral bathrooms, helped make her transition to being a female much less scary.

But this past April, not long after she made the film about how much getting to live in this dorm had meant to her, Gates overheard a remark from a member of the cleaning staff, who walked in while Gates was washing her hands in the bathroom. Gates happened to be wearing very little, mostly just her underwear. She heard the cleaning person talking to another worker in the hall a few minutes later.
“And he kept on saying, ‘I just assumed it was a female’. He just kept saying ‘I just assumed it.’”

Then Gates heard the other worker explain gender-neutral bathrooms. She pointed to the symbol on the door and said she doesn’t like those signs because she doesn’t want to run into a transgender student. Gates didn’t report what she heard to Marshall, because she says didn’t think it would do any good.

West Virginia Public Broadcasting reached out to Marshall University for a comment on Gates’ story. In an email, Lekesha Taylor, Associate Director of Residence Life at Marshall, said “It is disheartening to hear that a student had this experience while living with us.  We make every effort to be as inclusive as possible and provide our students with a welcoming living environment and experience.  This includes providing our staff with education on issues of not only how to be successful in their positions but also in their interactions with the residents we serve.”

Aside from this instance, Gates says she hasn’t experienced any harassment on campus. She’s been taking hormones for nearly a year, and says the transition has been great, that she’s happier than she’s ever been in her life. She treasures the friends she’s made in a support group for transgender men and women. That’s organized by the psychology department at Marshall University, not by the LGBTQ+ office.

There, she’s heard many different coming out stories, and realizes that her family situation, though not perfect, has been better than others. And even though Parkersburg was more accepting than some places, she wasn’t out as trans in high school. Just for the way she looked, she says she suffered emotional abuse as a teen. The worst was the first day of her freshman year.

“It just seemed like there was a memo put out and it was like, ‘if you see Jo Gates call this person a faggot.’”

The experience made her tougher.

“Cause it’s like God, if you can go to high school and people threatened to kill you, you can survive anything.”

This story is part of an episode of Inside Appalachia about issues in our region’s lesbian, gay, bisexual and transgender community.

Group Opposing Anti-Discrimination Ordinance Files Petition

An organization opposing a West Virginia city’s newly reinstated human rights commission ordinance has obtained enough signatures on a petition to place the issue back on the city council’s agenda.

News outlets report that Keep Fairmont Safe filed a petition with the needed 333 signatures Wednesday, after an earlier petition was rejected when only 1,675 of the needed 1,979 signatures could be verified.

Keep Fairmont Safe opposed the ordinance’s addition of sexual orientation and gender identity as protected classes. Fairmont City Manager Robin Gomez says it was implemented to make Fairmont more welcoming.

The Human Rights Commission Ordinance will go back on the Fairmont City Council agenda within the next 30 days. If the council stands by its decision, the issue will appear on a 2018 ballot.

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