FamilyFoundationBlog.com

The most liberal federal appellate court in the country, San Francisco-based Ninth Circuit Court of Appeals, ruled yesterday — reversing itself — that the words “Under God” in the Pledge of Allegiance and “In God We Trust” on U.S. currency are constitutional (Doug Stanglin on USA Today’s OnDeadline Blog). For those who can’t get a grip on the fact that mentions of “God” are not an establishment of religion, but that, in fact, our Founders based our laws and constitutional government on a reliance of God, here is what Judge Carlos Bea wrote in his opinion (Google/AP):

The Pledge of Allegiance serves to unite our vast nation through the proud recitation of some of the ideals upon which our Republic was founded.

Regarding the currency, the court ruled . . .

the phrase is ceremonial and patriotic and “has nothing whatsover to do with the establishment of religion.”

If the Ninth Circuit gets it, then why can’t secular progressives, Atheists and extreme leftists of various (and nefarious) stripes get it? It’s time for them to find a new game to play.

Late Wednesday afternoon, amidst growing tensions on college campuses, Governor Bob McDonnell issued a “Governor’s Directive,” ordering those in the executive branch not to discriminate in their hiring practices (see here). His directive specifically referenced “sexual orientation.”

Governor McDonnell issued his directive in an apparent effort to ease the hostile atmosphere on our campuses and in the General Assembly. Four years ago, then-Attorney General McDonnell challenged Governor Tim Kaine’s executive order that added sexual orientation to the anti-discrimination policy, saying he didn’t have the authority to do so. It is still unclear exactly what legal weight, if any, a directive has, but media reports indicate that it does not have the same force of law of an executive order.

Much of the anger among college students has been generated by those who are supposed to be in authority at those schools — college presidents and administrators — who have criticized the advisory letter Attorney General Ken Cuccinelli sent them last week. The letter stated that public colleges and universities with anti-discrimination policies that include sexual orientation are in conflict with state law. Instead of providing leadership, the college presidents and administrators have provoked anger and outrage with inflamed rhetoric.

A media backlash also was fed by heated and often mean-spirited rhetoric by a handful of General Assembly members, including Senator Donald McEachin (D-9, Henrico) who, in a floor speech earlier this week, referenced Governor McDonnell’s graduate school thesis, yelling on the Senate floor, “We are being governed by the thesis!” Joining in the daily diatribes were Delegate David Englin (D-45, Alexandria) and Delegate Joe Morrissey (D-74, Henrico). It was often insinuated that anyone who disagrees with adding sexual orientation to the non-discrimination policy is hateful and bigoted. But truth has been difficult to find in this debate.

In addition, some legislators made the outrageous claim that, without a non-discrimination policy that included sexual orientation, Virginia is not “business friendly” and would not be able to attract new jobs. But several publications and organizations currently recognize Virginia as the best state in America to do business without having this policy.

Nonetheless, yesterday morning, Senator Tommy Norment (R-3, Williamsburg), in a clear conflict of interest as an employee of the College of William and Mary, one of the colleges expressing outrage over the AG’s letter, amended an economic development bill introduced by the Governor with: “The Commonwealth of Virginia maintains an ecumenical atmosphere in its sexual orientation hiring policies in the private and public workforce.”

Besides being a bizarre statement, it is a frightening overreach into the private workplace, which would include religious-based ministries and churches. Fortunately, on the floor of the Senate — because of the Governor’s directive — Senator Norment removed his amendment from the bill.

The Family Foundation has and continues to maintain that there is no need for special protections for homosexuals. As the issue was thoroughly debated and voted on multiple times throughout this year’s General Assembly, no evidence of discrimination was presented.

We absolutely agree with one statement in Governor McDonnell’s directive — that state employment should be based on “qualifications, merit and performance,” regardless of one’s immutable or unimmutable characteristics.

Over the next several days, we will consult with experts to determine the legal ramifications of this directive, but we are concerned when the Governor’s action is being heralded as a step forward by the ACLU and the state’s largest homosexual lobby, Equality Virginia (Pilot on Politics).

In a statement, Kent Willis of the ACLU said, “We hope this is only the beginning, and that the Governor’s example will inspire legislators to finally pass a law prohibiting discrimination on the basis of sexual orientation and gender identity in both private and public sector employment.”

Any thought that the groups and organizations behind this effort will stop at public employment is naive. It is very clear that they want to force private businesses — including churches — to abide by their morality.

This morning on Richmond’s Morning News With Jimmy Barrett on WRVA-AM, Family Foundation Vice-President for Policy and Communications Chris Freund was interviewed about the legal opinion issued by Attorney General Ken Cuccinelli and the reaction to it. It wasn’t a real debate, but immediately prior to Chris’ appearance, Barrett’s guest was Claire Guthrie Gastanaga, the lead lobbyist for Equality Virginia. Notice that she avoided Barrett’s first question and, shall we say, gave an intriguing spin on the entire matter at hand. In fact, you can detect the skepticism in Barrett’s voice and questions. Chris sets the record straight his turn at bat.

Click here to listen to the back-to-back interviews (9:24).

Yesterday, we asked you to contact your delegates and senators and urge them to support the three vital budget amendments that ban state funding for the partisan political organization Planned Parenthood, as well as the ones that ban embryonic stem cell research (which has not produced one medical advance) and elective abortions (Virginia funded 322 such abortions in 2006-2007). Today, we urge you to take action on the other side of the ledger.

While we want to hold government spending to essential core services that fit the proper role of government — and eliminate excessive spending, especially for nefarious groups and causes — we also must make clear to our representatives that we are over taxed. In their work to close the $4 billion state budget deficit, our senators and delegates must know that they cannot bridge that gap on the backs of families, individuals and businesses who are struggling in this very tough economy.

The truth of the matter is that we have a “spending surplus” — not a deficit from a lack of revenue. In fact, if lawmakers are so concerned about the deficit, they should look at themselves before they do the taxpayers. The General Assembly has doubled spending in the Virginia budget over the last 10 years, several times the rates of inflation and population growth combined! But those facts don’t get in the way of special interest, big-government lobbyists who, unfortunately, have a lot of influence at the capitol. They will use every weapon in their arsenal to jack up taxes to pay for their pet projects and programs.

One weapon is the myth that public education is getting cut to the bone and that tax increases are necessary “for the children.” However, spending on K-12 education in Virginia has increased by 60 percent over the last 10 years while enrollment in public schools has increased only 7.2 percent; and 60 percent of the budget is dedicated to education and health care. But the Senate (SB 30) and House (HB 30) budgets have $300 million and $76 million in tax and fee increases, respectively. When does it end?

The Senate budget increases the 911 “fee” on every cel phone and landline to pay for 911 centers. Two problems: The increased revenue won’t go to 911 centers and the “fee” as the Senate would have you believe, is defined as a tax in the Code of Virginia — and that’s just the beginning of what lawmakers want to do to you.

It’s time for lawmakers to do what Virginia families and job creators are doing — cut expenses! We can’t make money appear out of nowhere and the General Assembly shouldn’t try. Instead, it should tame its unabated appetite for hard-earned tax payer income.

Please contact your delegate and senator immediately and urge them to reject increased taxes and fees on Virginia families, individuals and businesses in the new budget .

If you know who they are, you can get their contact info here for delegates and here for senators. If you don’t know who your delegate and senator are, click here.

The House remains in session as of this post, but earlier liberal Delegates Joe Morrissey (D-74, Henrico) and David Englin (D-45, Alexandria) railed against Attorney General Ken Cuccinelli’s recently issued opinion that states the obvious — Virginia law does not single out homosexuals as a protected class and, therefore, its colleges and universities cannot offer anti-discriminatory policies for their protection. But why is their vitriol aimed at the AG? He’s only quoting Virginia law as it reads. Delegate Adam Ebbin (D-49, Arlington), though not as vociferous as his colleagues, referenced ridicule on last night’s Daily Show, as if a flippant cable comedy show is of the heft to dictate Virginia policy.

Delegates Morrissey and Englin, however, struck a refrain that is the last resort of liberals-who-all-of-a-sudden-care-about-big-business: Virginia will lose corporate headquarters if this is allowed to stand!

Let’s see: Unemployment is at record levels (despite a $787 billion “stimulus” program by the nation’s smartest-ever-president), resulting in a lack of demand for products by consumers; we have massive, almost incomprehensible, third-world-like debt; unimaginable budget deficits projected for years; a lack of lending by banks; and, with so much liquidity in the system, the very real possibility that hyper inflation will ignite — somehow, we don’t think Fortune 500 firms are arguing over Virginia’s campus social policies. Furthermore, the delegates defeated their own arguments, citing that many of these companies have established their own policies regarding homosexuals. So why, then, would corporations be concerned about a policy concerning Virginia’s public colleges? They are not. The opinion has nothing to do with corporations.

Furthermore, if these delegates are so concerned about creating jobs and attracting corporations to Virginia, perhaps they should take real job creating action and start cutting corporate taxes, stop raising taxes on individuals and families, and cut state spending and balance our budget. But the most perplexing aspect of the entire debate is that we’ve heard nothing over the last 10 years in Virginia but that “social issues” aren’t important. Oh, really? To some, apparently, they are, and it’s very convenient for liberals, who don’t dare campaign on creating special protected classes of citizens, to criticize the attorney general simply for stating Virginia law while contriving “economic development concerns” in doing so.

Late last week, Attorney General Ken Cuccinelli sent a letter to the state’s taxpayer funded colleges and universities informing them that, without General Assembly approval, they do not have the authority to issue non-discrimination policies that include sexual orientation (see Washington Post). Apparently, the state’s public colleges and universities had issued such policies without the approval to do so (see Richmond Times-Dispatch).

His opinion, initiated at the request of several interested parties, started a media firestorm. Essentially, the Attorney General, the office designated to instruct state entities on the law, told them to actually follow the law — Virginia law does not carve out discrimination protections for homosexuals, as it does for race, color, creed and national origin. But Democrat leaders and homosexual activists immediately pounced, calling Cuccinelli’s advice “hate,” and vowed to revive legislation that died last week which would add sexual orientation to the Commonwealth’s anti-discrimination policy.

Today, several legislators literally screamed about the issue on the floor of the House of Delegates, all but accusing Attorney General Cuccinelli of hatred. They urged the House General Laws Committee to act on SB 66, which was defeated in sub-committee last week. However,  committee chairman Delegate Chris Jones (R-76, Suffolk) cancelled the committee’s last meeting. As today was the last day for committees to act on legislation in order for them to get to the floor before session ends, the issue is dead, again, for this year.

It is quite interesting to listen to proponents of this major change in Virginia’s public policy. In three separate presentations before committees and subcommittees, advocates for making sexual orientation a protected class have admitted that 90 percent of Virginians don’t think there should be discrimination. They have admitted that the last three governors have had policies, either written or verbal, that they will not allow such discrimination. At no point has any actual evidence of discrimination been presented. Late last year the Washington Post editorialized that there are “thousands of homosexuals” working in state government.

Usually, the General Assembly passes legislation to remedy a problem. They often defeat legislation that, as is said, is a “solution in search of a problem.” That is exactly the problem with this legislation.

So what is the goal? It really is not about discrimination. It is about government recognition — acceptance — of the homosexual lifestyle. Make no mistake, this debate is a serious one and it will have long term consequences, not just for state government, but private businesses and, ultimately, our Marriage Amendment. The goal is not anti-discrimination — it is forced acceptance of a lifestyle that many Virginians find antithetical to their faith.

The rhetoric in the capitol today was heated and not very tolerant. It seems that those who oppose creating a special class for homosexuals are hateful and bigoted, which is an easy accusation to make when you have no other argument and no ability to make your case.

The crush and pace of the Virginia General Assembly creates a dilemma: We cover a lot of ground and witness a lot of things, good and bad, almost all nearly impossible to relate. We do our best, but we hear it all the time from supporters who come to committee meetings: You really can’t believe it until you see if for yourself (at least we have video now). A lot of stuff sits in the file because we’re forced to move on to other topics: Such is the pace of 2,600 bills in 60 days. Don’t blog something one day, it’s old news the next. After all, our first priority is working on legislation.

However, several days ago, HB 570 was before the Senate Finance Committee. It preceded this infamous bill hearing (you must see this if you haven’t; click here). This bill, patroned by Delegate Sal Iaquinto (R-84, Virginia Beach) would level the playing field when property owners appeal their often over assessed homes in order to reduce their already overwhelming tax burdens. Besides, if the government has a good case, it will still win. A no-brainer, right? Not!

Currently, and the way it will now remain for at least another year, the homeowner is the equivalent to guilty until proven innocent, and low-income people can’t even afford to hire an appraiser and other expenses required to overcome the burden of proof. (That’s why advocates for low-income families joined us in supporting the bill.) Tellingly, the bill’s defeat was heavily targeted by a plethora of local governments and associated organizations whose goal is to further government’s prosperity and not that of the family or individual. One witness favoring the bill exposed their intentions by asking if they would be against this bill would help them overcome an unfair burden against the homeowner.

Hypocritically, in criticizing the bill, ultra liberal Senator Mary Margaret Whipple (D-31, Arlington) said that the jurisdictions she represents receive a disproportionate amount of local tax revenue from commercial properties and the bill did not exempt those buildings from the proposed new appeal process. When Delegate Iaquinto said he agreed and would accept that as a friendly amendment, she shot back, “I’m not going to offer that!” More hypocrisy was exposed when Senator John Watkins (R-10, Powhatan) offered a friendly amendment to rectify another complaint. Another ally was Senator William Wampler (R-40, Bristol), who made procedural motions to advance the bill. Yet, the bill still went down on a straight party line vote, 9-5, with Senator Fred Quayle (R-13, Suffolk) absent from the vote.

But, no need for me to try to capture the ignominy. See it for yourself. The entire debate is below in two parts.

Delegate Iaquinto makes a persuasive, commonsense case on behalf of home owners . . .

then the forces of big government preach government prosperity at the expense of individuals and families. So much for government guaranteeing individual rights and a fair day in court.

I know everyone is tired of the snow, the rain, the overcast skies. But there will be a little more sunshine in Virginia before too long. This isn’t a weather forecast. But thanks to SB 431, the books in Richmond will be easier to inspect.

Monday morning, the House Appropriations Sub-committee on Technology Oversight and Government Activities, amended, then passed unanimously SB 431. Later that day, it passed the full committee 22-0 and is on its way to the House floor.

The bill, patroned by Senator Mark Herring (D-33, Leesburg) builds on the landmark spending transparency bills last year by Delegate Ben Cline (R-24, Amherst) and then-Senator Ken Cuccinelli. Although it was more detailed in its original incarnation — it was stripped down due to the ever-present and dreaded “Fiscal Impact Statement” — it adds yet more sunshine to the current law. It will require each state agency to put their check and credit card purchases online, including a description of the good or service and the date of purchase. It also makes finding this information easier for citizen budget hawks — each agency must place an icon on its home page that links directly to a page that details its spending. Believe it or not, this simple procedure has been lacking and will make navigating the often confusing state spending trail much easier for concerned citizens, watchdog groups and grassroots organizations who care where or hard-earned tax dollars go.

Perhaps most important, it will save the Commonwealth money because the more people looking, the more waste and duplication is caught. This has been the case in every state that has opened itself up, and even with the federal government. After all, private citizens looking over the federal budget online detected the infamous “Bridge To Nowhere.”

Along with Senator Herring, thanks go to the sub-committee chairman, Delegate John O’Bannon (R-73, Henrico), who arranged the committee meeting late in session to guarantee the bill’s fair hearing. The Virginia Coalition For Open Government and Americans For Tax Reform joined us in supporting SB 431. Once passed by the full House, it will go back to the Senate to work out differences but is expected to maintain the features outlined above.

You never know during the General Assembly where a bill is going to come from that will give an unexpected lift for good policy and constitutional government. Sometimes, less publicized bills pop up on your radar screen and other times high profile bills crash and burn. Better the former than the latter when it actually accomplishes something.

To add insult to injury, the Senate Finance Committee’s rejection of HB 652 comes on top of this: A Virginia man and his family’s farm have been condemned through eminent domain 11 times by VDOT over the years! But the Virginia Senate today, and over the last two weeks with its legislative game playing in the Courts of Justice Committee, has shown it cares not about your constitutional rights to property.

By the way, the victim’s attorney, Joe Waldo, was one of our expert witnesses during the entire legislative process. Be warned: This man’s story is sure to make your blood boil. Remember, VDOT attached the “Fiscal Impact Statement” to HB 652 that effectively killed the bill.

VDOT’s thirst for private property NEVER ends. Ask this poor man.

Just a couple of hours ago, the Senate Finance Committee (see vote) trounced on your constitutional rights to just compensation in eminent domain cases. Actually, it’s worse than that. It trounced on your rights simply to present evidence to juries in eminent domain cases! The following is the news release, just issued, by the patron of HB 652, Delegate Ward Armstrong (D-10, Martinsville):

Senate Committee Kills Bill to Protect Landowners

~Armstrong vows to continue to fight for average citizens~

After passing the House with a 98-1 vote, Delegate Ward Armstrong’s “Landowner’s Rights Bill” (HB652) was killed in a Senate Finance Committee on a 10-3 vote Wednesday morning. Senators Reynolds, Watkins, and Hanger were the only members voting in favor of the legislation.

HB652 would have provided that any restriction, change, or loss of access to or from property taken under the power of eminent domain to be considered as an element in assessing damages for the purposes of determining just compensation.

“I’m very disappointed that the committee chose to side with government instead of the average citizen,” said Armstrong. “The worst thing that a government can do to someone is deprive them of their liberty; the second worst thing is to deprive them of their property without just compensation. I intend to introduce the measure again next year.”

The bill was supported by a variety of groups including: The VA Farm Bureau, National Federation of Independent Businesses, The VA Agribusiness Council, and The Family Foundation.