FamilyFoundationBlog.com

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.

At the beginning of this year’s General Assembly session, pregnancy resource centers were in the crosshairs of the abortion industry. From a press conference releasing a now debunked report about PRCs, to legislation that would have burdened them with unnecessary regulations, Planned Parenthood and NARAL Pro-Choice Virginia must have thought they were well on their way to putting their competition out of business.

What a difference a few weeks — and the truth — makes.

Yesterday, instead of finalizing anti-PRC legislation, the House (HJ 435) and Senate (SJ 265) passed identical resolutions honoring the work of pregnancy resource centers across the commonwealth. This took place despite a frantic effort by NARAL to derail the resolutions (Washington Post Virginia Politics Blog). The resolutions were introduced at the request of The Family Foundation.

Earlier this session, the anti-PRC legislation was defeated in House and Senate sub-committees, with the Senate patron, Dr. Ralph Northam (D-6, Norfolk), actually asking for his own bill (SB 188) to be defeated. This happened in a sub-committee meeting, that he chaired, where the truth about the work of PRCs was presented through personal testimonies from young women who received support from PRCs in their time of need.

The Family Foundation was honored to work with so many great PRC directors who serve women and families in crisis each and every day. (Click here to read more about the battle in this Fredericksburg Free Lance-Star op-ed.) We especially thank Senator Jill Vogel (R-27, Winchester) and Delegate Chris Stolle, MD (R-83, Virginia Beach) for introducing these commending resolutions on behalf of Virginia’s pregnancy resource centers.

Virginia’s PRCs are grateful, too. Below is a letter we received from one center after the news the two resolutions were passed:

Thank you so much for all your work on the front lines for family values in Virginia. We continue to thank God for you all. The help and guidance that you and the FF team provided to the Virginia Directors in mid January was deeply appreciated. Weren’t we all amazed by the miraculous ways in which God moved in the Health subcommittee on January 26, 2010. I truly will never forget that day!!!!

News from the Family Foundation this morning regarding the resolutions honoring the work of PRC’s across the Commonwealth, requested by the FF and passed in both House and Senate yesterday, has truly been humbling in light of all you have already done for us. Thank you so much for your partnership in standing for life in the Commonwealth of Virginia and for the tremendous work that you do both in session season and out. May God continue to bless you all.

“And we know that God causes all things to work together for good to those who love God, to those who are called according to His purpose.” Romans 8:28

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.

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.

Earlier in the week we vividly showed how the obstinate the  education reform is to education reform, freedom and choice (see here). Also last week, in a much less publicized action, the Senate killed a modest bill, HB 76 — watered down from its original incarnation thanks to the educrat establishment, which amends, amends then kills then stomps the remains to death — patroned by Delegate Dickie Bell (R-20, Staunton), a public school teacher. The vote in the Senate Education and Health Committee was 14-1, but its fate was sealed last week when an Ed and Health sub-committee voted 4-1 not to recommend it.

The bill, had it become law, would begin the process of moving Virginia’s government-run schools toward spending 65 percent of their budgets in the classroom and to pare down central office administrative waste. However, sub-committee members Mamie Locke (D-2, Hampton) and Janet Howell (D-32, Fairfax) and every educrat organization in Virginia, such as the VEA and the Virginia School Boards Association, lambasted the bill as “undermining public education,” despite the fact it would improve education by putting more money into instruction, as several states have with great success — and waste less on administrative overhead and bureaucracy. Only Senator Frank Ruff (R-15, Clarksville) spoke in favor of the bill and made a motion to save it, but could not get the necessary second, even from fellow Republican, and sub-committee chairman, Senator Harry Blevins (R-14, Chesapeake), who is the chair by a quirk in Senate rules. Senator Ruff was the only dissenting vote in the full committee, as well.

Liberals like to call conservatives and negative, lacking in creativity and vision, always saying “no.” We ask, when are liberals going to stop reflexively saying no to reform and what are their suggestions (except more money for the status quo)? Do they really think the current education system is working as is?

No issue has galvanized Americans like the attempt by President Barack Obama, House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid to take over the American health care system and put it under federal government control. Conservatives, liberals, moderates, Democrats, Republicans and independents alike have made their voices known — No nationalized health care! After a string of embarrassing election losses — including the historic conservative landslide sweep here in Virginia last November and the recent Republican win in the Massachusetts special Senate election — it looked like health care “reform” was dead.

Not so fast. President Obama and his liberal Congressional allies are resuscitating their plans with talk of forcing it through Congress in a process called “reconciliation” that bypasses the protection of a filibuster. So, what can we do about it?

In Virginia, plenty! This week’s news from Washington couldn’t have better timing because Monday afternoon the Senate Commerce and Labor Committee will hear Delegate Bob Marshall’s HB 10, the Virginia Health Care Freedom Act, which would exempt Virginians from individual federal health care mandates. Although three Senate versions have passed the General Assembly already, and are on their way to Governor Bob McDonnell to become the first law of its type in the land, Delegate Marshall’s (R-13, Manassas) bill is slightly different and would provide additional protections. The Commerce and Labor Committee barely passed the other versions with 8-7 votes. Democrat Senators Charles Colgan (D-29, Manassas) and Phil Puckett (D-38, Tazewell) bravely bucked their party leadership to vote for true health care freedom. Please thank them, and encourage them and other members of the committee to vote for HB 10 to secure Virginia from federal intrusion into our personal health care decisions!

This is an historic opportunity for Virginia to protect itself from federal government intrusion! Please contact members of the Senate Commerce and Labor Committee (here) now and ask them to pass HB 10.

Thursday afternoon in the Senate Courts of Justice Civil Sub-committee, a bill to allow people to receive just compensation when their property is taken by the government in eminent domain cases will be heard. The bill, HB 652, is supported by a broad coalition including The Family Foundation, the Farm Bureau, Tertium Quids (see comment here) and the National Federation of Independent Businesses.  The bill passed the House of Delegates 98-1, but that doesn’t necessarily mean anything to the Senate.

The patron of the bill is House Democrat Leader Ward Armstrong (D-10, Martinsville) and is co-patroned by several Republicans.  It faces the forces of big government — VDOT and local governments who use our tax money to hire lobbyists to work against our interests — who forced the bill while in the House from the Courts of Justice Committee to the Appropriations Committee with a tactic designed to kill it. There is no doubt they will pull out all the stops in the Senate as well.

But we can beat them in the Senate, too: In the House Appropriations Transportation Sub-committee, Delegate Bob Tata (R-85, Virginia Beach), a senior member of the committee, said he HB 652 came to his attention after he received more e-mail on it than any other bill this session. It shows that actively engaged citizens truly have power!

The bill simply allows property owners to present evidence to juries that they deserve just compensation for land not taken in eminent domain cases, but rendered useless because of the taking of adjacent land.  Right now, people are compensated only for the land taken, not additional land that the taking has rendered unusable. The bill is a complement to the landmark 2007 eminent domain reform law that limits government abuse of people’s property rights.

This is a very fair, very needed and very just bill for families who own homes, small businesses and farms.  If government really needs your land, they should buy only what they need and not try to get more of it on the cheap. This bill costs government nothing — it only provides for a fair hearing as to what property owners are entitled to. Government agencies will retain their right to make their case as well. It’s about fairness! As Delegate Armstrong has said, ‘The worst thing the government can do is take your life; the second worst thing it can do is take your property.”

If you who think the 2007 law solved all eminent domain problems, a case in Roanoke from two years ago is still in the news (see From On High), where the Burkholder family is losing its small business to the city who wants its land, even though it has no plans for it! So, click here to contact members of the Senate Courts of Justice Civil Sub-committee and ask them to vote for HB 652 in sub-committee this Thursday afternoon.

Hillary Clinton may think it takes a village to raise your child — a village of her own choosing, of course. But Virginians think otherwise. Just prior to crossover, the House of Delegates passed a resolution affirming parental rights 64-31! This resolution, HJ 193, patroned by Delegate Brenda Pogge (R-96, Yorktown), urges Congress to pass an amendment to the U.S. Constitution declaring that, “the liberty of parents to direct the upbringing and education of their children is a fundamental right.”

In case you have not yet heard about the Parents Rights amendment, let me give you the facts (see our policy brief, here). In the United States, parents have traditionally held the right to raise their own children according to their own beliefs. This right has been upheld in the U.S. Supreme Court for 70 years. However, recent court rulings on parental rights have shown that the court is becoming divided on this critical issue. In fact, the court issued 6 different opinions in the parental rights case Troxel v. Granville (2000), with only four justices acknowledging that parental rights were protected by the Constitution.

There’s another reason to be concerned about the plight of parental rights: the U.N. Convention on the Rights of the Child (see our preivous post and video about this). Supported by people such as President Obama, Secretary of State Clinton and U.S. Senator Barbara Boxer (D-Calif.), this treaty actually has a chance of passing. Currently, the United States and Somalia are the only countries that have not passed the treaty. If this treaty is passed, it will undermine parental rights unless the Constitution clearly says otherwise.

Delegate Pogge’s resolution received enthusiastic support from both sides of the aisle in the House. However, this resolution will not become law unless it is also passed in the Virginia Senate. As many of you know, the Senate is much less receptive to family issues like this than the House of Delegates. When the bill is debated in the Senate, we will ask you to contact your Senators to urge their support of this measure.

Another parental rights effort did not meet with the same success. Several legislators this year introduced bills that would have allowed home school students to participate in public school sports programs. Unfortunately, despite the fact that their parents pay for public schools and their programs through tax dollars, home school students are treated as second-class citizens.

Delegate Rob Bell’s (R-58, Charlottesville) HB 926, which would have directed the Virginia High School League to allow homes school students eligibility, was “carried over” (see vote) until next year by the House Education Committee after a lengthy debate and opposition by the VHSL. This will give Delegate Bell the opportunity to work with the interested parties to seek a solution to the problem.

Yesterday, we posted part one of a two part interview with Senator Jill Vogel (R-27, Winchester). The questions focused on SB 417, the Virginia Health Care Freedom bill she patroned, and which is on its way to Governor Bob McDonnell for his signature. The bill preserves the freedom of Virginians from federal mandates to buy health insurance. Today, we ask Senator Vogel about state spending and the budget, de-funding Planned Parenthood and eliminating the state corporate income tax.

FamilyFoundationBlog: Will the General Assembly eliminate funding for Planned Parenthood this year? It was so close two years ago, but now we have a pro-life governor. How will having a pro-life governor affect this particular budget policy getting approved?

Senator Jill Vogel: I hope so. I introduced a budget amendment on the Senate side that would de-fund Planned Parenthood. But in the Democratic controlled Senate it is more of an uphill battle. No question, having a pro-life Governor makes a difference and no doubt, it is a razor thin vote in the Senate.

FamilyFoundationBlog: Over a period of about 10 years, state government spending nearly doubled. Will the Virginia Senate take advantage of the budget gap now to not just make cuts to programs, which still leaves them in place to grow again in the future, but make permanent changes that eliminate government involvement entirely where government truly is not needed so as to put a brake on future state government growth?

Senator Jill Vogel: I think that this awful economy and terrible budget environment has a silver lining. We have the leverage to make changes in the size and structure of government that will bring long terms savings and shrink the size of government.

FamilyFoundationBlog: Every year we see the governor and General Assembly pass targeted tax credits to create jobs or “invest” in business recruitment funding to lure businesses to Virginia. Instead of spending taxpayer money and quibbling over targeted tax credits that are not broadly based and how much to fund — and what to name — the Governor’s Opportunity Fund, why not cut or eliminate corporate taxes? They are the biggest hindrance to job creation. Corporate taxes need to be looked at as a business expense. If a CEO knew he could move to Virginia where his company would pay no corporate tax, and his company could then realize a bigger profit, that would lure many more times the businesses to Virginia than any targeted incentive. Should the General Assembly and Governor McDonnell be so bold as to support Delegate Bob Purkey’s HB 119?

Senator Jill Vogel: I support the bill and you have said it better than I could. Targeted tax breaks may solve a short term, narrow objective. But let’s be practical and consider that a broader perspective, where we address the issue of corporate taxes head on, brings substantial long term benefit and would be a real game changer when businesses out of Virginia decide where they want to invest.

FamilyFoundationBlog: Senator Vogel, thanks a million for your time and your insights into this year’s session. Thank you also for your constant support for family values and limited, constitutional government. We look forward to a productive and successful session in advancing these shared principles.

Senator Jill Vogel: Thank you so much for the questions. It is a great honor to get to serve my district in the Senate. I take my responsibility seriously and I appreciate the opportunity to partner with you on so many issues that matter to my district. Take care and stay in touch.