Senate passes gay marriage ban
Tuesday, February 8, 2005
Virginia senators gave impassioned speeches Monday on both sides of the gay marriage issue.
The Senate then voted 30-10 to approve SJ 337, which would amend Virginia's constitution to say, "only a union between one man and one woman may be a marriage."
The House of Delegates will debate a similar bill today.
"I think it's very clear about the importance and the need to do this," said Sen. Stephen D. Newman, R-Forrest. "Circumstances throughout the nation dictated that we need to be here. In many corners of our nation, marriage is under attack."
A constitutional amendment would need to pass both chambers this year and next year, and be approved by Virginia voters. But some call this measure unnecessary because Virginia already has laws banning gay marriages, domestic partnership benefits and marriage-type contracts.
"I don't support gay marriage," said Democratic Gov. Mark R. Warner. "But it is already the law that we don't recognize gay marriage. I don't have any formal role in this process. My hope is that [the amendment] simply restates the law and doesn't wander into other areas."
Sens. Mamie E. Locke, D-Hampton, and Janet D. Howell, D-Fairfax, compared the proposed amendment to Nazi practices.
"There's nothing ennobling about Auschwitz, there's nothing ennobling about SJ 337," Locke said. "All people irrespective of race, gender, age or sexual orientation are entitled to be treated with dignity and respect. This legislation dishonors and disrespects many citizens of this commonwealth. If the God-fearing people do not speak up for gays and lesbians today, who will speak up for you when you become the target?"
Howell pointed her Senate colleagues to a Web site that mocked the state motto "Virginia is for lovers" --
http://www.virginiais forhaters.org.
"What are we doing to our state, what path are we going down and where is it going to end," Howell said.
Sen. Mary Margaret Whipple, D-Arlington, serves on the Senate Privileges and Elections Committee that initially heard testimony both for and against this bill. Whipple voted against the bill in the committee, along with two other senators.
"We heard from the parents of a gay son. We heard from a gentleman in his early sixties who introduced his partner of over 30 years," Whipple said. "They were upstanding Virginians, each one of them. Their words were eloquent, compelling and largely ignored. I remind you that this is not just a bill, but an amendment to our very constitution. How tragic it is that this amendment is included in our bill of rights."
Whipple talked about her marriage of over 30 years to her husband Tom. Gay marriage proponents, divorced couples and other people breaking with "traditional marriage" haven't threatened their union, Whipple said.
Although Virginia would not have to recognize a gay marriage or civil union from another state, Sen. Kenneth Cuccinelli said Virginia needs protection from judges who may decide otherwise, or decide to overturn Virginia's gay marriage laws.
"We are doing the best we can with this amendment to protect Virginia's traditions and laws," Cuccinelli said.
Newman wanted to follow the example of 18 other states that have amended their state constitutions to prohibit gay marriage.
"It's not about banning a particular lifestyle," Newman said. "It is about protecting marriage."
Sen. Richard L. Saslaw, D-Fairfax, cited America's 52 percent divorce rate as a more of a threat to marriage than gay couples.
"The homosexual community isn't the one that has made a mess of the marriage institution, it's been people like us," he said. "Bills like this are an incredible act of hypocrisy."
Family Foundation Executive Director Victoria Cobb applauded Monday's vote.
"The citizens of Virginia clearly support traditional marriage," Cobb said. "Today's bipartisan vote by the Senate in support of this amendment is an early step in a long process that will allow the people of Virginia to define marriage instead of the courts doing so."
Cobb also scolded lawmakers like Locke and Howell for using Nazi comparisons, and she called for their apology.
Locke also compared the gays' situation to discrimination against blacks. Dr. Martin Luther King Jr. had it right when he said there are some issues on which to not remain silent, Locke said.
"Especially those issues that chip away at the rights of human beings because they are different, and because that difference make us uncomfortable," Locke said.
Prohibited Marriages - http://www.vdh.state.va.us/vitalrec/marry.asp
- A marriage entered into prior to the dissolution of an earlier marriage of one or both parties.
- A marriage between an ancestor and or descendant; or between a brother and a sister; or between an uncle and a niece; or between an aunt and a nephew; whether the relationship is by half or the whole blood or adoption.
- When either of the parties lacks capacity to consent to the marriage because of mental incapacity or infirmity.
- A marriage between persons of the same gender (same sex).
- "Common Law" marriages are not valid if entered into in Virginia or any other jurisdiction, which does not permit them for its residents.
House Passes Bill Rargeting Underwear Exposure
RICHMOND, Va. The House of Delegates has passed legislation targeting young people who wear their low-riding pants that allow their underwear to show. The vote was 60 to 34.
Delegate Algie (OWL'-jee) Howell of Norfolk says he proposed the bill on behalf of constituents who said they find the exposed underwear fad offensive. The measure calls for a 50-dollar fine for anyone who exposes his underpants in a (quote) "lewd or indecent manner."
Delegate Lionell Spruill of Chesapeake urged his colleges to defeat the bill. He said the measure targets young black people and that it probably is unconstitutional.
The measure now goes to the Senate.
Bills To Give Universities More Independence Pass in Richmond
(AP) - Both chambers of the General Assembly Tuesday passed legislation allowing Virginia's public universities greater independence.
The Senate passed the bill 37-to-3, while the House of Delegates passed its version 76-to-22.
The bills establish three levels of autonomy, based on the schools' financial strength and operational sophistication. Universities would get more flexibility in such matters as construction, purchasing and personnel. In exchange, they would be required to meet certain performance standards in areas like affordability and accessibility for in-state students.
All universities would operate under six-year financial and academic plans. Those at the top two levels would work under contracts negotiated with the General Assembly and the governor's office.
The bill started as a bid for "charter university" status by the University of Virginia, the College of William and Mary and Virginia Tech. It was expanded to include all public universities after some officials raised concerns about elitism.
[TRADITIONAL] Marriage license plate gets OK
RICHMOND — Lawmakers yesterday gave preliminary approval to a bill that would create a special license plate for supporters of traditional marriage, despite objections from Democrats who said the bill was unconstitutional.
Republicans cut off debate on the legislation after just 10 minutes, and the full House quickly endorsed the bill on a voice vote. Lawmakers are expected to take a final and recorded vote today.
Delegate Brian J. Moran, Alexandria Democrat, tried to amend the bill by deleting the word "traditional" so the plate simply would say it supports marriage.
"What we're about to buy is a lawsuit that we clearly will lose. ... That's not the way we should spend our hard-earned taxpayer dollars," Mr. Moran said. "I suspect we all support marriage, in fact, probably many of us have tried it more than once."
Mr. Moran said because the message is political, a court will rule that it is unconstitutional and require the state to create a "marriage equality" or "gay marriage" plate. His amendment was defeated.
Delegate L. Scott Lingamfelter said his bill is "neutral," not political.
"We will be giving Virginians who subscribe to the wisdom of 4,000 years of transcendent history a chance to show their support for an institution that is absolutely fundamental to any civilized society," the Prince William County Republican said. "We will also be showing our children that we understand that traditional marriage is fundamental to the way family life is organized in civilized society."
Delegate Adam P. Ebbin, the legislature's only openly homosexual member, said he opposes the bill because of its political nature.
"There is a forum on our car, and it is called the bumper, where we can put a bumper sticker that says whatever we want," the Arlington Democrat said. "I don't see the threats to traditional marriage or any kind of marriages being the other drivers on the roadway. This plate, if I understand correctly, would be available to adulterers, divorced people, those who have married multiple times, even those who engage in sex outside of a marital relationship."
Mr. Ebbin said there are more than 200 special license plates, none of which are political in nature. Several of those plates, including a "master gardener" plate that the House approved yesterday, requires an application and written proof that shows that the buyer is a "master gardener."
Mr. Ebbin tried to continue his argument by suggesting that the "traditional marriage" plate also should require some documentation. But, he was interrupted by Republicans who used a procedural maneuver to end debate.
The "traditional marriage" license plate would feature two interlocked golden wedding bands over a red heart. Proceeds from the sale of the plates would go to the state's general fund.
The bill passed the House Transportation Committee on a 13-7 vote.
Gov. Mark Warner, a Democrat, said although he supports traditional marriage, he thinks that it is a bad idea to put politics on a license plate. Homosexual rights groups said they think the plates are a waste of money and are discriminatory.
Tighten abortion clinics
The House yesterday tentatively approved legislation to tighten abortion clinic regulations.
The bill by Delegate John S. Reid, Henrico County Republican, would require any clinic that performs 25 or more first-trimester abortions a year to be licensed and meet the same standards as ambulatory surgery centers. Currently, the clinics are treated like doctors' offices and are not routinely inspected by the state.
A final House vote is expected today.
The House has overwhelmingly passed similar legislation two years in a row only to see it killed by the Senate Education and Health Committee, which is chaired by a moderate Republican.
Mr. Reid said the intent of the bill is to see that abortions "are performed in as sterile and as safe an environment as possible."
Delegate Vivian E. Watts, Fairfax County Democrat, said the intention of the bill "is to significantly reduce the number of abortions by making them extremely expensive."
Expand the use of the Death Penalty
A House committee has voted to expand use of the death penalty to include gang-related killings.
Delegate David B. Albo, Fairfax County Republican, said his bill provides a very narrow addition to the 11 factors that can lead to the death penalty in Virginia. The legislation would include a person who kills at the behest of a gang leader or to meet a requirement for gang membership.
NOTE: Virginia executes the most people of any state/commonwealth with the exception of Texas. Commonwealths: Virginia, Massachusetts, Kentucky, Pennsylvania, Puerto Rico, Northern Marianas Islands, all the others are states. Virginia House votes to eliminate car tax by 2012
RICHMOND — The House of Delegates yesterday approved a bill that would unfreeze the state's popular car-tax relief program and finally eliminate the levy by 2012.
The delegates voted 73-21 to pass the measure, which is sponsored by several Northern Virginia delegates who say the car tax is unfair to the region.
"The better majority of us in both bodies, and the governor, promised to phase out the car tax," said Delegate Jeffrey M. Frederick, Prince William Republican and one of the bill's sponsors. "It's no wonder that so many of our citizens are disappointed with our government at all levels, because all too often, people say one thing with election and do another when locked into a two- or a four-year term. This is a chance to earn back some of that trust, to do what we said we would do and make good on our promise."
The bill lifts the $950 million cap placed on the car-tax relief program last year and institutes a schedule that would give motorists an additional 5 percent of tax relief annually through 2012.
Twenty-five delegates who voted in favor of the cap during last year's extended and bitter session voted to lift the cap yesterday.
Delegate William H. Fralin Jr., Roanoke Republican, who was one of those who switched their votes, called the latest measure "fiscally responsible."
"The terrific growth that our commonwealth has experienced makes it important to recognize the hard work of our fellow citizens and indeed allows and indeed requires that we give significant tax relief this year," Mr. Fralin said.
The bill now faces a significant hurdle in the Senate Finance Committee, where it is likely to be rejected.
House Minority Leader Franklin P. Hall said he encouraged his Democratic colleagues to vote in favor of the measure since he considered it "all politics" and "demagoguery."
"I suggested that if it helps you to vote for it, or if it may potentially hurt you to vote against it, vote for it," the Richmond Democrat said. "This is all politics. They know it is going to be killed in the Senate."
Mr. Hall, who voted in favor of the car-tax bill yesterday, said Republicans need to come up with a way to pay for the elimination of the tax. "Everybody wants to get rid of it," he said.
Gov. Mark Warner has said the measure puts the state's core services at risk and seems like election-year posturing. Mr. Warner, a Democrat, proposed a tax package last year that would have eliminated the car tax by 2008. The House rejected his plan.
Senate Finance Committee Chairman John H. Chichester last year proposed a tax package that would have fully eliminated the car tax immediately. His proposal included an income-tax increase. The House also rejected his plan.
The Stafford Republican has said the House proposal is meant only for political brochures, since all 100 delegates are up for re-election in November.
When the House announced its plan, Mr. Chichester said 70 percent relief is better than none.
"To keep it at 70 percent is far more than it was 10 years ago, and keeping it at 70 percent still maintains our core obligations," he said. "Everybody comes out a winner."
The car-tax relief program allows motorists to pay reduced car-tax bills, with the state picking up a percentage of the bill and the motorist paying the rest to their local government. Since 2002, the amount the state pays has been frozen at 70 percent so motorists pay 30 percent.
Because the car-tax relief program increases in cost each year as more people buy more expensive cars, lawmakers last year imposed a $950 million cap on the program, ensuring bills will rise in coming years.
Under the bill, the reimbursement rate would increase by 5 percent each year starting in 2007, said Delegate L. Scott Lingamfelter, Prince William Republican who is the bill's main sponsor.
Delegates David B. Albo, Fairfax Republican, and Michele B. McQuigg, Occoquan Republican, also were among those who sponsored the bill.