Va. Senate to Weigh Gay Workers' Protections

The bill would set out that sexual orientation does not include "sexually deviant disorders," as defined in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.

Federal law prohibits discrimination on the basis of race, religion and other factors, but it does not mention sexual orientation.

Cobb said the bill would expose the state to lawsuits from employees and job applicants who contend they were discriminated against because they are gay. She also said a mandate for public workers could lead to a similar law for private employers, including churches.

The effort has been applauded by Equality Virginia, a gay rights group. Dyana Mason, the group's executive director, said gay men and lesbians are frequently targeted at work. Without legal protections, she said, they are often fearful to display photographs of partners on their desks or share details of their personal lives with co-workers.

"It's important that gay and lesbian people, and all people, have the ability to serve their communities," she said. "They should be able to help educate the next generation of Virginians or drive a garbage truck or serve in state agencies."

Senate Bill 700 is scheduled to be heard by the Senate's General Laws and Technology Committee on Wednesday.

Several delegates in Northern Virginia said they support the idea.

"I think it's rather fundamental," said Del. Vincent F. Callahan Jr. (R-Fairfax), chairman of the Appropriations Committee. "We should not discriminate."

A spokesman for Kaine said the governor also supports writing his order into state law, noting that 60 percent of members of the General Assembly and eight of the state's top 10 private employers have pledged similar practices in their hiring.

"Governor Kaine has certainly indicated he strongly believes that this is the right policy for the state work force, and he would encourage it for consideration by local governments," spokesman Kevin Hall said.

Hall said Kaine remains comfortable limiting the mandate to state government but would consider the expansion to localities as well, if the bill passed.