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Nothing adequately can explain the pace of the General Assembly. Especially the short session. More goes on that we can — and would love to — report. It is no exaggeration to say that we could employ an entire news team to cover all that we see (and hear). Lobbying and blogging is a killer. But here’s a week in review of some significant legislation. 

We had several legislative victories this week, including five resolutions to amend the Virginia Constitution this morning in the House Privileges and Elections Committee:

HJ 593, patroned by Delegate Bill Carrico (R-5, Galax), is a religious liberty amendment that protects public prayer. It passed by a 14-7 vote after some committee liberals raised several objections.

Also regarding religious liberty, HJ 614, patroned by Delegate Tag Greason (R-32, Loudon), which prohibits the state from blocking tuition loans and grants to students seeking theological education for the purposes of becoming a military chaplain. It passed with only three dissenting votes. This bill was debated thoroughly in sub-committee earlier in the week. The state already pays the salary of chaplains and Delegate Greason’s amendment would allow for tuition assistance as well.

Three limited government resolutions also passed. HJ 539 requires a super majority vote by the General Assembly and local governing bodies to increase state and local taxes; and HJ 540 limits increased spending by the General Assembly and local governing bodies to the previous year’s level plus the percentage increase in population and inflation. Both are patroned Delegate Mark Cole (R-88, Spottsylvania). HJ 539 survived a procedural vote to kill it, and then was reported by an 13-8 vote, while HJ 540 passed by a 11-9 vote. 

Finally, this morning, after extensive debate, HJ 615, patroned by Delegate Bill Janis (R-56, Henrico), the House Majority Whip, passed by a 14-7 vote.  This resolution precludes tax and fee increases in the state budget. Any revenue increase, including the termination of tax credits, would have to be introduced as a separate bill for an up or down vote. In recent years, governors and lawmakers have buried such increases within billions of dollars of spending in the budget. Even when promulgated, many lawmakers had no choice but to vote for such budgets or else precipitate a government shutdown.

The proposed constitutional amendments to protect property rights were carried over and will be heard a week from today. Yesterday, there was good news on taxes: The House passed by a 94-5 vote HB 1437, also patroned by Delegate Cole, which would allow localities the option of ending the BPOL tax. This tax, which was started 199 years ago to fund the War of 1812, is a job killer and well passed its own life expectancy. The same day, by a 97-2 vote, the House approved HB 1587, patroned by Delegate Sal Iaquinto (R-84, Virginia Beach), which would exempt start-up businesses from the BPOL tax for two years.

Earlier this week, the House of Delegates passed another Family Foundation priority piece of legislation:  HJ 542, The Repeal Amendment. Patroned by Delegate Jim LeMunyon (R-67, Chantilly), it would repeal any federal law if two-thirds of the states agree. The bill was hotly debated in both committee and on the floor of the House of Delegates, with opponents making subtle and not so subtle accusations of racism toward supporters.

Next week is the final week before “Crossover,” and with many bills still left to be debated, almost anything imaginable will happen. Even some unimaginable.

Annotations & Elucidations

Weekend Edition

Wow! It looks like there was public prayer in Fredericksburg and the city is still standing. Amazing! Who would’ve thought? In other news sure to frighten liberals, the feds asked for and received more time to respond to Virginia’s defense of its Health Care Freedom Act. Hmmm. Haven’t all the experts said Attorney General Ken Cuccinelli doesn’t have a chance? So, then, why do the G-men need more time? 

On the other hand, U.Va. snapped in line quickly, promising to turn over all documents the AG has requested in the case of former university professor Michael Mann, one of the main characters in the “Climate-gate” scandal, in which “global warming” scientists admitted they made up facts and concealed others to manipulate date and public perception — and, more importantly — public policy (i.e., job-killing taxes and cumbersome regulations). Meanwhile, Governor Bob McDonnell announced that transportation meetings now will be streamed online as well as members of a commission to recommend streamlining government. That should be news only when the recommendations, if any, are put into effect, as we’ve seen governor after governor put commissions in place. Nothing much ever results from them.

Nationally, Dems are worried stiff over two long-held House seats in which there are special elections this month. Many think they could be bellwethers for November.  

News

Prayers are shared with no complaints (Fredericksburg Free Lance-Star)

Online-schools firm hires former lawmaker as lobbyist (Richmond Times-Dispatch)

State has teeth but rarely bites schools suspected of cheating (Norfolk Virginian-Pilot)

Bedford student sues after suspension over ‘sexting’ (Lynchburg News & Advance)

Feds given more time to respond to Virginia health care suit (Washington Post Virginia Politics Blog)

U.Va. plans to comply with Cuccinelli subpoena (Washington Post Virginia Politics Blog)

Cuccinelli plans to propose legal changes in wake of U.Va. lacrosse killing (Washington Post Virginia Politics Blog)

McDonnell names commission to reshape, shrink government (Washington Post Virginia Politics Blog)

Gingrich to join McDonnell in Richmond to talk about health care (Washington Post Virginia Politics Blog)

McDonnell announces transportation meetings will be streamed online (Washington Post Virginia Politics Blog)

National News

Dems may abandon House race in Hawaii (AP/GOPUSA.com)

Dems fear losing four-decade grip on Pa. seat (AP/GOPUSA.com)

Graham prays at Pentagon, says ‘Islam got a pass’ (AP/GOPUSA.com)

Palin endorses Fiorina in California Senate race (AP/GOPUSA.com)

Ariz. governor rejects delay of immigration law (AP/GOPUSA.com)

Lawmakers: Revoke citizenship of terrorists (AP/GOPUSA.com)

Wall Street regulations stagger ahead (AP/GOPUSA.com)

Commentary

Debt-Deflation-Contagion Panic: It’s a Bloody Mess (Larry Kudlow/GOPUSA.com)

Leftist Turnout is what Motivates Obama (Dick Morris/GOPUSA.com)

Misperceptions and Media Bungles (Matt Towery/GOPUSA.com)

Fox Entertainment’s Dung Pile (Brent Bozell/GOPUSA.com)

The Problem With the NFL (Oliver North/GOPUSA.com)

The Go-Fly List for Terrorists (Michelle Malkin/GOPUSA.com)

How Dare Arizonans Try To Protect Themselves? (David Limbaugh/GOPUSA.com)

Arizona: Been There, Done That (Harris Sherline/GOPUSA.com)

Monday, February 23, 2009

The Constitution of the Commonwealth of Virginia states:

“That all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.” [Emphasis added]

Today, thanks to the action of the Virginia State Police Superintendent and its endorsement by Governor Tim Kaine, Thomas Jefferson’s words are little more than ink on paper. The words of the Statute for Religious Freedom that is the foundation for the tradition of religious liberty in our nation and the precursor to the First Amendment rings hollow in the ears of those state police chaplains who have had their opinions in matters of religion diminished and their civil capacities affected simply because they refuse to silence their faith.

As is usual with the issue of religious liberty, the debate surrounding the policy and legislation before the General Assembly to correct it, including several editorials in the Richmond Times-Dispatch, is replete with misinformation, misunderstanding and confusion. Some, such as the American Civil Liberties Union, falsely claim that prayers offered before legislative or government bodies must be nonsectarian or non-denominational. Fortunately, the First Amendment and case law regarding this issue is absolutely clear and on the side of the chaplains.

Simply put, in no case involving public prayer at government-sponsored events (with the exception being public schools) does either the U.S. Supreme Court or any circuit court require that prayers offered be so-called “nonsectarian” or “nondenominational.” In fact, the opposite is true. In the clear words of the Supreme Court’s Marsh v. Chambers decision:

“In light of the history, there can be no doubt that the practice of opening legislative sessions with prayer has become part of the fabric of our society. To invoke divine guidance on a public body entrusted with making the laws is not, in these circumstances, a violation of the Establishment Clause; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country.”

Recently, the Eleventh Circuit Court of Appeals in Pelphrey v. Cobb dismissed the argument that Marsh permits only “nonsectarian” prayers:

“The taxpayers argue that Marsh permits only “nonsectarian” prayers for commission meetings, but their reading is contrary to the command of Marsh that the courts are not to evaluate the content of the prayers absent evidence of exploitation. … The court never held that the prayers in Marsh were constitutional because they were “nonsectarian.”

Supporters of censorship, like the ACLU, are claiming that the Fourth Circuit Court’s Turner v. Fredericksburg decision requires the state police’s policy of censorship. Again, this is blatantly false.

While that case upheld a policy in Fredericksburg that censors prayers, it does not require that policy. In fact, in the words of Sandra Day O’Connor, who wrote the Turner decision:

“We need not decide whether the Establishment Clause compelled the Council to adopt their legislative prayer policy because the Establishment Clause does not absolutely dictate the form of legislative prayer.”

Again, in Pelphrey, the Eleventh Circuit says:

“Although it upheld the policy of the [Fredericksburg City] Council, the Fourth Circuit expressly declined to hold that Marsh required a policy of nondenominational prayers.” Adding, “[The courts] . . . have applied the precedents of the Supreme Court irrespective of the level of government involved.”

Interestingly, in arguing against legislation reversing the state police policy in a recent Washington Post article, Kent Willis of the Virginia ACLU makes our case saying, “Maybe the worst part of all this is now you have the government deciding what’s a proper prayer and what’s not a proper prayer.”

I couldn’t agree more! The government should not be telling people how to pray or not to pray, and that is exactly what the state police policy does. Whether Christian, Muslim, Jewish or any other faith, chaplains should be able to pray at public events according to their beliefs, and those prayers should not be censored by the government. The legislation that has been presented to the General Assembly this year would simply protect chaplains of every religion.

Virginians are growing tired of these attacks on public faith. Our Commonwealth and nation are founded on Judeo-Christian principles, and no amount of revisionist history or politically motivated anti-religious bigotry will erase the truth. The First Amendment and the Statute for Religious Freedom protect the right of individuals to profess their faith in public. They do not protect a crowd from hearing about an individual’s faith.

Once again our sacred rights are being sacrificed on the altar of political correctness. Unfortunately, expunging our religious heritage from the public square seems all too in vogue in 21st century America, with elected officials and their political appointees leading the way. In the name of tolerance, public faith is not tolerated. While we would hope that Virginia’s rich heritage of freedom would insulate us from such discrimination, recent history proves this not to be the case.