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Legislation rarely goes in a straight line at the General Assembly, least of all when it concerns eminent domain. In 2007, the statute that eventually passed appeared completely dead at one point. Now we face a similar situation in getting a constitutional amendment passed (as we predicted).

Late last week an excellent government-power-limiting resolution for a state constitutional amendment (HJ 693) stunningly made it out of a liberal-dominated Senate committee and to the floor for the first time after years of trying — amended even tougher than how it came out of the conservative House. However, there is fierce and determined opposition by very powerful interest groups, with great amounts of resources at their disposal. This opposition necessitated negotiations between them and their Senate allies with senators, who, like us, absolutely are committed to language that includes just compensation for victims whose property — personal and business — is taken through the power of eminent domain.

So, on Friday, Senator Steve Newman (R-23, Forest) asked that HJ 693 be ”passed by for the day,” while he works on substitute language that addresses the issues some have with the resolution while still protecting its substance.

Property rights are fundamental to ensuring family life, our jobs and businesses, and even our places of worship. Strong property protections limit government growth and intrusiveness. Because it is a fundamental aspect to our liberty, The Family Foundation remains committed to this issue and the most comprehensive property protections for families, farmers and their businesses.

The Senate again will attempt to vote on HJ 693 this afternoon. Senators read their e-mails and take into account calls up to the last minute. It is not too late to make your voice heard to counter the special interests. Contact your senator and insist he or she support the strongest language in HJ 693 to protect property rights and the just compensation for those whose property must be taken for a true public use.

Contact your senator by e-mail.

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Learn who your senator is.

The property rights resolution (state constitutional amendment), HJ 693, patroned by Delegate Johnny Joannou (D-79, Portsmouth), was passed by on the floor of the Senate again today. With numerous interested parties, on both sides of the issue, watching with great intent on monitors throughout several rooms in the General Assembly Building and capitol, Senator Steve Newman (R-23, Forest) made the motion that it be by passed by for the day. The pro forma courtesy was granted. The reason: unclear, though one senator, not involved in them, said it was due to negotiations. Negotiations? Always negotiations!

Frustrating observers and activists was that the resolution was the last piece of legislation on the calendar — all that time listening to debates over occupancy taxes and prison sentences for attacks on emergency room personnel for naught.

On the other hand, it provides more time to contact your senator and urge his or her vote for HJ 693, as well as more publicity about it. Two more radio talk shows in Richmond, that I’m aware of, have or will beat the drum today and tomorrow; and more time to share this information on your social media sites. A sampling of senate office staff indicates that calls and e-mails are running well ahead for supporting. Hopefully, the big utilities and big local government lobbyists (who use your tax dollars to lobby against your rights, such as supporting eminent domain) aren’t using this delay to cool down the temperature. Still, another reason to keep the pressure on!

Contact your senator by e-mail.

Contact your senator by phone.

Learn who your senator is.

We hope you are still celebrating with us over the passage of the budget amendment that significantly reduces taxpayer funding for elective abortions in Virginia (Amendment #91)! This is a long-awaited milestone in our journey toward Virginia becoming the most pro-life state in the nation.

While Family Foundation staff worked tirelessly for weeks to encourage Governor Bob McDonnell to introduce this pro-life amendment and then for the General Assembly to sustain it, we would be remiss if we did not recognize those who aided us in this fight. Please join us in thanking these important people in the pro-life movement.

First, if Governor Bob McDonnell had not introduced this elective low-income abortion amendment, there would be nothing to celebrate today. His stand on this amendment is commendable. Please click here to send him an e-mail of thanks or call him at 804-786-2211.

Even with the governor’s introduction of the amendment, its passage would have been tenuous had there been no one to articulate the amendment’s merits and stand in its defense on the Senate floor. Never one to back down from a fight, Senator Mark Obenshain (R-26, Harrisonburg) was the only senator willing to verbally support the amendment on the floor. Senator Obenshain’s reasoned defense was crucial to the amendment’s passage and the retention of key swing votes. Please send Senator Obenshain an email of thanks at district26@senate.virginia.gov or call him at 540-437-1451.

Without votes, success is unattainable. While all votes were equally important, special thanks go to Senators Chuck Colgan (D-29, Manassas), Phil Puckett (D-38, Tazewell) and Roscoe Reynolds (D-20, Martinsville) who, despite intense pressure from their party and Planned Parenthood/NARAL to tow the party line, voted their conscience and made a courageous stand for life. Additionally, thanks to all the delegates (64) and senators (20) of both parties who voted for this important pro-life amendment.

Special thanks goes to the Virginia Catholic Conference, Virginia Society for Human Life and the Virginia Assembly of Independent Baptists for working side by side with us in the days leading up to this important vote and for their tireless efforts yesterday, remaining with us and never leaving the capitol grounds from early morning until the end. Iron sharpens iron and we are thankful for their support. Along those lines, we would be remiss if we did not thank all of you who contacted the governor and key legislators throughout the past month. The governor and legislators listened — your voice was crucial to success.

But ultimately, thanks be to God for this miraculous legislative victory! God, like he did with Gideon’s army, whittled down the numbers on the ground to an illogical amount — the absences of Lt. Governor Bill Bolling and Senator Steve Newman (R-23, Forest) — so that in the end, success could only be attributed to the proper source — Him. Join us today in giving thanks to Him for this protection of life after decades of waiting.

Late last night (after 9:00), life advocates achieved a significant policy and historic victory when the Democrat controlled Virginia Senate concurred with the House of Delegates on Governor Bob McDonnell’s budget amendment eliminating elective, taxpayer funded abortions by a dramatic 20-19 vote (see Washington Post Virginia Politics Blog)! Despite Icelandic volcanic eruptions, a pro-life senator’s personal travel conflicts, and outright lies from pro-abortion legislative leaders and opponents, Virginia finally adopted provisions of the federal Hyde Amendment — enacted in 1982! — to de-fund state dollars from use in low-income, elective abortions. The Family Foundation and our pro-life allies have been working for decades to achieve this victory and, despite all odds, life triumphed.

The amendment brings Virginia substantially in line with federal law that requires we pay for abortions only in the instances of rape, incest or life of the mother (see Washington Post). Prior to the governor’s amendment, Virginia was one of only 17 states that funded elective (“health” of the mother) abortions. Other than in cases of “gross and totally incapacitating physical deformity or with a gross and totally incapacitating mental deficiency,” this will no longer be the case (see Norfolk Virginian-Pilot). We gratefully thank Governor McDonnell for introducing this important pro-life amendment and  all the delegates and senators who voted for it.

Here’s how it happened:

The day began early in the morning as legislators and lobbyists flooded the capitol. While confident of a win in the House, the Senate vote was on a knife’s edge. That chamber is almost evenly divided politically (22 Democrats and 18 Republicans), but with two pro-life Democrats. A 20-20 tie with would be broken by pro-life Lt. Governor Bill Bolling. But in something not remotely seen in anyone’s memory, the Lt. Governor was stranded in Italy, after completing an economic development mission last week, due to the well publicized  volcanic ash cloud — and tie votes kill bills and amendments.

To make matters worse, pro-life Senator Steve Newman (R-23, Forest), had a flight to catch on personal business and as session dragged on through the afternoon — mainly on technical amendments on non-budget bills — it became apparent he would have to leave before the vote on the elective abortion funding amendment came up. Another vote had to be found. 

Meanwhile, the House did its part during the afternoon by agreeing to the amendment 64 to 30 (see vote here). It received bipartisan support — about a fifth of Democrats voting voted for it, including those from rural, suburban and rural areas.

Back in the Senate, the amendment (technically, “Governor’s recommendation #91″) didn’t come to the floor until 9:00 p.m. Majority Leader Senator Dick Saslaw (D-35, Fairfax) unloaded one of his typical “Saslawstic” comments, firing full bore against the amendment. In a bizarre statement, and in contradiction to a legal opinion from Attorney General Ken Cuccinelli, opposition lawmakers claimed that if the amendment passed, state employee abortions would no longer be covered by the state health plan. But state employees cannot be reimbursed for abortion expenses anyway, so the claim is unfounded. 

The one and only senator countering the deception was Senator Mark Obenshain (R-26, Harrisonburg), who articulately defended the amendment from the bizarre attacks and argued brilliantly for its passage. Then, in a moment that directly parallels the Bible story of Gideon’s army, where the odds of victory were logically impossible, the vote was taken — and when the electronic board lit up, the total read: 20 yeas, 19 nays! Joining pro-life Democrat Senators Chuck Colgan (D-29, Manassas) and Phil Puckett (D-38, Tazewell) was Senator Roscoe Reynolds (D-20, Martinsville) and the 17 Republicans in attendance. Long odds made longer with two key absences were overcome and the victory long sought by pro-life advocates was a reality (see vote here).

The Family Foundation would like to thank everyone who contacted legislators to encourage them to vote for this amendment. As the close vote shows, your voice was crucial in this success. We will post information in the coming days to assist you in thanking the important people who made this victory possible. In the meantime, we hope you will celebrate this monumental victory for life and truly meaningful change for the better.

Today, in the Senate Commerce and Labor Committee, the anticipated fireworks didn’t materialize. But it sure did have some strange twists and turns.

Although there wasn’t as much hype concerning HB 10, The Virginia Health Care Freedom Act, there was due to be some suspense. The patron, Delegate Bob Marshall (R-13, Manassas), had reason to be confident since three similar Senate bills escaped Commerce and Labor earlier in session, albeit by 8-7 votes, due to the brave votes of Democrats Charles Colgan (D-29, Manassas) and Phil Puckett (D-38, Tazewell). But HB 10 is worded slightly different. One difference from the Senate bills is that it clearly limits exemptions on insurance purchase mandates in divorce settlements, an omission Senate liberals objected to in SB 417, SB 311 and SB 283. On the other hand, its protections from the federal government are a little more expansive.

Stage set, here’s what happened: Delegate Marshall barely was into the introduction of the bill when he got a few questions, including one from committee chairman and Majority Leader Dick Saslaw (D-35, Springfield), who asked, “Do you think we have the power to tell Congress what to do?”

Of course, the bill won’t tell Congress what to do. Only that Virginia won’t participate in a certain action (health care insurance mandates) that it may pass. In fact, Delegate Marshall cited a 1994 Congressional Budget Office memo during the HillaryCare debate, that stated never before had Congress mandate Americans to buy any good or service, and that doing so would open the door for other mandated purchases and a command economy. (Hopefully, our public schools still teach what political system uses a command economy.) He reasoned, that if Congress has never required an individual mandate before, it must not be legal, or it would have done so already in more than 200 years. He also cited New York v. United States where a federal court ruled in New York’s favor over a federal mandate. Seemingly anxious to just get it over with, it was about here where Senator Creigh Deeds (D-25, Bath) asked if there was any difference between HB 10 and the Senate bills, which Delegate Marshall already had volunteered that there was. He amended his bill to preserve divorce settlements in which insurance coverage may be a part, something on which committee liberals hammered the Senate bills’ patrons. On the other hand, his bill, in a macro constitutional sense (I love creating new phrases) was a bit broader and probably more protective of the feds than the Senate bills.

Before the committee’s legal counsel and Delegate Marshall could complete their responses, motions and comments started flying all over the place. Senator Saslaw, confident that the differences were huge and that the bills were not the same, motioned that HB 10 be passed by for the year. Senator Frank Wagner (R-7, Virginia Beach) made a substitute motion to report. Senator Steve Newman (R-23, Forest) made a parliamentary inquiry if the bill could be conformed into one of the Senate bills. He was told no because the bills are in different sections of the code.

That struck me as odd right away because bills are conformed all the time. In fact, “conforming” is changing legislative language to the exact same language as another bill — in other words, that’s the point! Change it and put it in any code section you want! So the motion to report was voted upon with Senators Puckett and Colgan upholding their part, but the bill failed 8-7. How could this be when the others passed? Senator Tommy Norment (R-3, Williamsburg) voted no.

As supporters gathered outside to plan a next step — primarily, to get Senator Norment to offer a motion to reconsider at the next meeting — word came out of the committee room to head back in: That’s what indeed he was doing! So the bill was brought right back up, interrupting the introduction of the next bill. After the motion to reconsider passed, a motion to — believe it or not — conform it to SB 417 was made and passed on a 8-7 vote. So, HB 10 survives, amended to the same language as SB 417. You like unintended consequences (something liberals are always warning us about)? Good, because now the protections for divorce orders is gone!

It should now pass the Senate floor, where it will go back to the House. It remains to be seen if Delegate Marshall will then insist on his original language when it returns there and force a conference committee, or if he’ll take what he has. Does he want pride of authorship? Or, knowing the other bill will become law, does he want to roll the dice and try to get the additional protections in HB 10 to become the law of the Commonwealth?

Monday, more than 200 Family Foundation supporters descended on Richmond for Family Foundation Day at the Capitol to make their voices heard as the new session of the General Assembly hit full stride. Attendees heard from several legislators including Senator Steve Newman (R-23, Lynchburg), Senator Mark Obenshain (R-26, Harrisonburg), Delegate Kathy Byron (R-22, Lynchburg) and Delegate John O’Bannon (R-73, Richmond). Lt. Governor Bill Bolling delivered the headline speech. Afterward, these pro-family Virginians met with their elected officials, taking with them The Family Foundation’s Legislative Priority list, reminding legislators that people back home are watching their votes.

While legislators are primarily focused on their self-created $4 billion spending surplus and the continued impact of the recession, we must make sure that they also act on the values issues that are important to many Virginians — such as those we’ve outlined on this site over the past week. Our grassroots activists brought these issues and principles to their legislators’ attention.

While economic issues are critical, we cannot ignore the values issues that underpin our economic strength. While many try to dismiss values issues as irrelevant or “divisive,” the fact is that our economy and culture are crumbling around us because of a lack of values. Values  such as honesty, integrity and character that clearly have been missing in recent years from Wall Street to Main Street to Pennsylvania Avenue.

America has the greatest economic system in the world. Our free market system is the most efficient way to prosper. But a free market cannot survive without morality. Our culture cannot survive without the values we work to protect.

As the General Assembly begins, we face a serious uphill battle to make sure the issues we care about receive a fair hearing. As many elected officials, both Republican and Democrat, seek to hide from values issues, we need to make sure that they know these issues matter. That’s why it is vital those who believe in traditional values commit to action during the 2010 General Assembly. We have to make sure that the voice of those Virginians who care about values is heard loud and clear in the halls of the General Assembly. Lawmakers must know on a day-to-day basis that they are being watched and that they will be held accountable for their votes.

This is how you can make a difference during this year’s General Assembly:

1. Read! Read this blog and the action alerts we send during the session (sign up for our alerts here).

2. Respond! Write and e-mail your representatives to show support or disapproval of legislation that TFF has informed you about. Our e-mail alerts make it easy to educate your specific delegate and senator. In fact, you don’t even need to know who they are — the system will tell you! You just need to be ready to respond when we ask.

3. Recruit! Find 5 more people to do the same by forwarding this link to friends and family and encouraging them to join you in this effort.

4. Rejoice! Together, we can celebrate our victories!

We need your voice to echo in the halls of the General Assembly. Please commit today by e-mailing familyfoundation@familyfoundation.org with “I commit” in the subject line. Together, we can build a better, more family friendly Virginia.

Registration for Family Foundation Day of the Capitol, which takes place Monday, January 18, remains open online at our Lobby Day Web Page, here. Online registration will close at midnight Sunday.

Keynoting the event will be Lt. Governor Bill Bolling, who will give an overview of the new administration’s priorities. Several outstanding members of the General Assembly also will address attendees concerning priority legislation. Senator Steve Newman (R-23, Lynchburg) and Delegate Kathy Byron (R-22, Lynchburg) will discuss their legislation addressing the horrific incident in Campbell County where a newborn baby was allegedly killed by its mother just after birth, while no charges were filed because of confusion over Virginia law.

Also speaking is Delegate John O’Bannon (R-73, Richmond), who will discuss the health care issue and legislation he is co-patroning that is intended to protect Virginians from the national health care proposals now before Congress. Delegate O’Bannon is a neurologist and legislator, so he brings expertise from both fields to the debate.

Senator Mark Obenshain (R-26, Harrisonburg) speak about his legislation that will provide a measure of school choice to Virginia’s families. As the legislature faces a serious spending crisis, school choice is one of the only real reforms being offered that can save the  commonwealth money in the long run.

Family Foundation Day at the Capitol takes place at the Hilton Garden Inn, one block from Capitol Square. (Valet parking is available at the Hilton Garden Inn for just $6.) Registration begins at 9:00 a.m., with the program beginning at 10:00. In the afternoon participants will have the opportunity to have constituent meetings with their legislators.

Family Foundation Day at the Capitol is an opportunity to learn about many of the key issues debated in Richmond and influence our elected officials. We hope you will attend and pass along this link to others you think might be interested.

As we draw closer to Christmas and the celebration of the birth of the baby Jesus, a story out of Campbell County has drawn outrage from across the nation, and reveals just how far we have fallen in our culture in defense of abortion on demand: A baby allegedly was murdered by its mother moments after it was born, but because the child was still attached by the umbilical cord, under Virginia law, it is not considered a “separate life.” Thus, no charges will be filed.

In the words of one investigator:

In the state of Virginia as long as the umbilical cord is attached and the placenta is still in the mother, if the baby comes out alive the mother can do whatever she wants to with that baby to kill it. She could shoot the baby, stab the baby. As long as it’s still attached to her in some form by umbilical cord or something it’s no crime in the state of Virginia.

You can read more about this disturbing case here, from WSLS.com. It’s also received national attention, including this, from the blog Hot Air, here.

The Family Foundation worked with Delegate Chris Jones (R-76, Suffolk) during the 2007 and 2008 sessions of the General Assembly to fix the law regarding a case where a mother shot herself in the stomach on the day her unborn child was due to be delivered. That legislation overwhelmingly passed the House of Delegates (see new 2010 member contact information) on two occasions but was defeated both times in the Senate Education and Health committee.

These are the members of the Senate Education and Health committee who are so extreme in their defense of abortion that they voted against legislation that would make it a crime for someone to kill their child in this way: Dick Saslaw (D-35, Springfield), Louise Lucas (D-18, Portsmouth), Janet Howell (D-32, Reston), John Edwards (D-21, Roanoke), Mary Margaret Whipple (D-31, Arlington), Maime Locke (D-2, Hampton), George Barker (D-39, Alexandria), Ralph Northam (D-6, Norfolk), John Miller (D-1, Newport News). Committee Chairman Edd Houck (D-17, Spotsylvania) did not vote on the legislation. (Click on the links to get their contact information. Click here to see our General Assembly Report Card on their votes.)

Senator Steve Newman (R-23, Lynchburg) and Delegate Kathy Byron (R-22, Lynchburg) will introduce legislation in the 2010 General Assembly session that once again will attempt to fix this “loophole” and make it a crime to murder a nearly born or newborn child. We must remember, however, that there are many in our General Assembly who, like our president, apparently believe it is perfectly reasonable for a mother to take the life of a newborn child if it protects the sacred “right” to abortion. How else can one explain their voting records? If we can’t fix this and protect the lives of those children born alive, God help us.

Now, here’s an important, coincidental, side note to all this: A new policy in effect just this week by the Senate of Virginia (contact clerk, here) blocks all e-mail from non-constituents that come through action alert programs. We are reviewing the legality of this, but you can contact these senators by e-mailing, calling or faxing them directly. We hope you will do just that and urge them to support legislation during 2010 that will ensure that this type of murder does not happen again. When you do, please:

» Mention the Campbell county story; you could even include a news link.

» Remind them that they voted against legislation in 2008 (HB 1126) that dealt with similar circumstances.

» Tell them they will vote on legislation fixing this situation in 2010 and you expect them to vote in favor of it and will hold them accountable for their vote!

Listening to the State of the Commonwealth speech last night driving home, I heard something that simply stunned me. Of course, it shouldn’t have. Anything coming from NPR or one of its affiliates shouldn’t surprise anyone.

In this case, the gentleman anchoring the coverage on Richmond NPR station WCVE-FM, filling time between the end of Governor Tim Kaine’s speech and the the Republican response (see Lynchburg News & Advance, here) by Delegate Dave Albo (R-42, Fairfax) and Senator Steve Newman (R-23, Forest), mentioned the governor’s new position as chairman of the Democrat National Committee.  Then he said:

“It remains to be seen whether the Republicans take advantage of this for their partisan advantage.”

This what the Mainstream Media does: It defines who’s right and just, and who plays negative, regardless of the facts, then puts it all out there as if irrefutable and from on high. In short, it creates stereotypes.

So, in the view of Mr. NPR Local Anchor: He basically dares those mean General Assembly Republicans, who are laying in wait, to pounce on the poor, defenseless governor, who just happened to take one of the most partisan and powerful jobs in the world with access to the DNC’s hundreds of millions of dollars and its D.C. command center — and pound away at him with its vast and endless arsenal from 9th and Broad in Richmond — for nothing but political gain.

Right. That makes sense.

We now return you to NPR’s sleep inducing classical music.

One of the many legislative victories of which we have been a part during recent years, and one in which we are most proud, is the 2007 eminent domain reform law. Proud for a number of reasons: It righted a grievous wrong and demonstrated that when we stand on principle and work hard, much can be accomplished; we were part of a large coalition that fought the entrenched corporate and bureaucratic interests and proved that good really can come out of the legislative system; and because so many of you faithfully stayed engaged and kept up the pressure on legislators as the story of the legislation took more twists in the tale than the Crooked Road in our Great Southwest.

Bills patroned by Senators Ken Cuccinelli (R-37, Fairfax), Mark Obenshain (R-26, Harrisonburg), Steve Newman (R-23, Forest), Delegates Rob Bell (R-58, Charlottesville) and Johnny Joannou (D-79, Portsmouth), and others helped overturn the effects of the deplorable Kelo vs. New London, Conn. decision by the U.S. Supreme Court which allowed governments to take private property, often family owned homes and businesses, and give it to large corporations. The bills were passed — after much redrafting and debate (one powerful senator said property rights are not in the constitution!) — by overwhelming majorities in both chambers and signed into law, somewhat reluctantly, and with a few slight amendments, by Governor Tim Kaine.

While the law has immensely improved property protections for Virginia families who own homes and family-owned businesses, it still doesn’t go far enough as evidenced by “quick takes” of local governing bodies. Nor are its protections fool-proof since a future General Assembly can change the law. Don’t think it can happen? Jeremy Hopkins, in a study he authored for the Virginia Institute for Public Policy, documents Virginia’s lapse from a leading private property state that cherished and constitutionally protected individual property rights, to one of the weakest in the union prior to the 2007 legislation (click here). (This study was the “Bible” for those of us who worked on this bill in 2007. The state’s power over the fruits of you labor will frighten you.) 

Hopkins underscores the foundational importance of private property rights to a democratic society:

Finally, the right to private property undergirds and protects all other rights. It truly is “the guardian of every other right.” A cursory review of the Bill of Rights reveals that many of the rights Americans cherish have little significance without the recognition and protection of private property. Not only do many of these rights presume the right to private property, but these rights have little meaning without the right to private property.

For instance, what good is the right to free speech if one has no property from which to speak freely? What good is the right to free speech if the government owns all printing presses and all means of recording, producing, and dispensing speech? What good is the right to assemble and petition the government if one has no property on which to freely assemble and petition? What good is the right to worship freely if one has no property on which to freely worship? What good is the right to worship freely if the state owns the church, employs the clergymen, and prints all religious material?

For an absolute guarantee of secure property rights in Virginia tougher measures are needed and they need to be put into the constitution. Some of the same lawmakers noted above are interested in proposing such an amendment this coming session. It’s never too early to encourage your delegates and senators to support such constitutional protections (click here). 

To get an update on the status of eminent domain in Virginia — and your rights — read this post and hear this interview with Hopkins from the blog Tertium Quids (click here). Just as with any right, to secure it, we must stay informed and active.