Governor McDonnell Signs Into Law Religious Liberty, Parental Rights, Other TFF Priority Bills!Mar 27, 2013
Governor Bob McDonnell on Monday signed several Family Foundation priority bills into law! One set of bills he signed comprised our top legislative priority in 2013. They protect the freedom of association and religious liberty rights of student groups on Virginia public college campuses. These bills, patroned by Senator Mark Obenshain (R-26, Harrisonburg) and Delegate Todd Gilbert (R-15, Woodstock), simply ensure that student groups can set their own criteria for membership and leadership and not be discriminated against simply because a university doesn't like the content of their speech. The bills include language ensuring that the groups cannot violate state or federal discrimination laws regarding race, religion, etc.
The governor also signed bills that affirm that parental rights are fundamental. The bills, patroned by Senator Bryce Reeves (R-17, Fredericksburg) and Delegate Brenda Pogge (R-96, Yorktown), elevate the common law understanding of parental rights in place in Virginia for 400 years to that of a fundamental right. While no rights are absolute, courts give special deference to fundamental rights, requiring the state's "compelling interest" to intervene. This is especially important since 24 other state courts have reduced parental rights to "ordinary" — a standard more easily trumped by government authorities that attempt to interpose themselves in family decisions. Distractors continue to make claims about the potential impact of this new law that are simply not accurate. The state's authority to protect children who need intervention doesn't change, nor will parents be able to disrupt public education.
In addition, Governor McDonnell signed into law HB 1871, patroned by Delegate Jennifer McClellan (D-71, Richmond), defining bullying in Virginia code. This will ensure that state education officials have clear guidance as they develop policies relating to the growing problem of bullying that needs to be addressed in an effective and reasonable manner. Having a clear definition of bullying will equip school leaders to develop the most effective strategies to keep children safe and produce an environment conducive to learning. The bill includes First Amendment protections to ensure that students cannot be punished for simply voicing an opinion that is unpopular.
Finally, the governor submitted clarifying amendments to another Family Foundation priority, a bill that removes a serious barrier to helping families in crisis limit the amount of government intrusion while providing opportunity for reunification. More and more, families are relying on close relatives to help take care of their children during a crisis, using what is called kinship care. But these relatives often face barriers when trying to enroll the children in their local school, as some school divisions require the relative caregiver to obtain legal custody of the child before enrollment is possible, which requires the action of a court. SB 960, patroned by Senator George Barker (D-39, Alexandria), allows for the use of a power of attorney, better enabling families to work together through a crisis. Once the governor's amendments are adopted, he will sign the bill into law.