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Annotations & Elucidations

The Comeback Continues

The last 48 hours have been good ones for the culture and religious freedom in America and Virginia. Pro-life laws in Oklahoma, a Cross allowed to stay at a memorial and, now, the reversal of a horrible and discriminatory policy in Virginia: the gag on State Police chaplains to pray in Jesus’ name. Add that to the elimination of taxpayer funding of abortions in the commonwealth and tighter abortion restrictions in Nebraska, and it’s been a reassuring spring in America at the state level, proving there is a movement (that gets results) looking to make its first strike back at a national government governing opposite the will of the people.

We are featured prominently in the lead, as one might expect, with four articles seeking Family Foundation response on Governor Bob McDonnell’s reinstatement of the policy allowing state police chaplains to pray in public as they deem. That executive order dominates the news, but there is a curious item that slipped in the news cycle amidst all the chaplain coverage: The governor’s reappointment of several Kaine administration officials, including State Police Superintendent Steven Flaherty (who needlessly started the chaplain mess, and boy musn’t that been a fun conversation: Colonel Flaherty, if you want to stay, you will let them pray); Daniel Timberlake as director-Department of Planning and Budget; Richard Sliwoski as director-Department of General Services; and Patricia Wright as state superintendent of public instruction. He previously kept Secretary of Finance Ric Brown.

While they may be good folks, at first glance it seems odd to holdover people after getting elected with such a large mandate to make change in economic and education policy. One appointment we do like for certain is that of former colleague Mark Early, Jr. — his Family Foundation connection omitted from the Richmond Times-Dispatch article notwithstanding.

Among the other features in today’s News Stand: Governor McDonnell’s Rest of Virginia Ask The Governor from earlier today on WRVA-AM in Richmond (yesterday we had the N.Va. version), more reports on the Mojave Desert Cross decision by the U.S. Supreme Court and, speaking of the court, another case it heard regarding the privacy rights of those who signed a petition to initiate the repeal of Washington State’s homosexual unions law. 

News

*Governor Lets Va. Troopers Refer to Jesus (Washington Times)

*McDonnell Rescinds State Police Prayer Policy (Norfolk Virginian-Pilot)

*Va. reinstates prayer policy for state police chaplains (Richmond Times-Dispatch)

*Va. Reinstates Prayer Policy for Police Chaplains (AP/WJZ.com)

McDonnell Reverses State Police Prayer Policy (Roanoke Times)

McDonnell reappoints several Kaine administration officials (Richmond Times-Dispatch)

McDonnell promises a statewide housing policy (Richmond Times-Dispatch)

Audio

Ask The Governor (38:59) (WRVA/WRVA.com)

National News

Court skeptical on keeping petitioner IDs private (AP/GOPUSA.com)

Mojave Cross Case: A Signal on Religious Symbols (AP/FoxNews.com)

Supreme Court Allows Mojave War Memorial Cross (Los Angeles Times)

Illegal immigrants plan to leave over Ariz. law (AP/GOPUSA.com)

Democrat senators developing immigration bill (AP/GOPUSA.com)

Fla. gov. on cusp of independent bid for US Senate (AP/GOPUSA.com)

Obama warns of a ‘conservative’ judicial activism (AP/GOPUSA.com)

Census mail results could be trouble for 5 states (AP/GOPUSA.com)

In financial regs debate, senators look to details (AP/GOPUSA.com)

Commentary

After Policy Stumbles, Obama Turns to Politics (Michael Barone/GOPUSA.com)

Democrat Cabal Dangles Bait For Unwitting Republicans (Christopher G. Adamo/GOPUSA.com)

The National Day of Prayer: The Value of Offending (Paul A. Ibbetson/GOPUSA.com)

America’s Political Grand Canyon (Debra Saunders/GOPUSA.com)

Another RINO Punch to the Conservative Gut (Bobby Eberle/GOPUSA.com)

Who recently said that marriage between one man and one woman is the “traditional and universally recognized form of marriage”? If you guessed Carrie Prejean, who lost her Miss California crown last week (see Fox News) — after pageant officials said she could keep it — for speaking out in favor of traditional marriage, or some right-wing Christian fanatic you are . . . wrong.

However, if you guessed Tony West — Ding! Ding! Ding! — You win.

Who’s Tony West? He is the United States Assistant Attorney General for the Civil Division and he filed the legal brief defending the federal Defense of Marriage Act in federal court June 11 (see here). The Obama administration, in fact, is asking the federal court to dismiss the case, brought on by a “married” homosexual pair.

Now, major homosexual special interest groups are going ballistic, with a leader of one blasting the president in a personal letter (see Wall Street Journal). Not only that, but the New York Times is steaming mad, too. The poor president can’t get a break. 

In the brief, the administration sounds as right-wing crazy as the 57 percent of Virginians who voted for our Marriage Amendment, unintended consequences and all:

In allowing each State to withhold its recognition of same-sex marriages performed in other jurisdictions, Congress was merely confirming longstanding conflict-of-laws principles in a valid exercise of its express power to settle such questions under the Full Faith and Credit Clause. That Clause ensures that each State retains the authority to decline to apply another State’s law when it conflicts with its own public policies. DOMA is fully consistent with that constitutional principle, as it permits States to experiment with and maintain the exclusivity of their own legitimate public policies — such as whether that State chooses to recognize or reject same-sex marriages. Similarly, in relation to plaintiffs’ purported “right to travel” claim, DOMA simply does not impinge upon anyone’s ability to travel among the States. Again, it merely permits each State to follow its own policy with respect to marriage.

Although the administration says it wants to repeal DOMA legislatively, it also says that while it is still the law, it is constitutional, and must be defended. Admittedly, this position is surprising coming from a president who, as a law professor, said restraints had to be put on the Constitution (hear for yourself) and believes in courts making policy rather than inerpreting the law, but it is refreshing — and correct — nonethesame.

It’s also fun to see liberals disillusioned with their ”anointed one” whom they unceasingly, thoughtlessly adore. A little wedge on the left is never bad.

Now the Obama administration has itself in a pretzel, not only casting doubt on his sincerity on homosexual “rights” (he’s abandoned other promises as well), but establishing a precedent for defending laws it disagrees with by abandoning its advocacy of judicial activism. That said, we doubt it has established a pattern, but will still watch whether the administration continues this intellectual honesty regarding the proper roles of the legislative and judicial branches.