The Bishops Speak: The Truth About MarriageMay 06, 2014
The Catholic bishops of Virginia filed an amicus curiae with the U.S. Fourth Circuit Court of Appeals for the crucial hearing on Virginia's Marriage Amendment, which will take place later this month. A U.S. District Court judge in Norfolk earlier this year ruled that the Marriage Amendment was unconstitutional. Bishops Francis DiLorenzo, of the Diocese of Richmond, and Paul Loverde, of the Diocese of Arlington, speak with the clarity of thought and reason that escape legalese. Truth doesn't reside in legalities, unfortunately. But the Truth is always clear because it isn't manipulated, twisted, bent, molded or otherwise shaped to meet an agenda, which is why so many laws are convoluted to the point it needs battalions of attorneys and courts to decide what the law means. More unfortunately, those decisions often created more confusion (see the Virginia Catholic Conference's From The Tiber To The James Blog).
Bishops DiLorenzo and Loverde lay out the case in Truth for why the natural, traditional, from-the-begninning-of-time definition of marriage is the only definition of marriage:
Virginia’s interest in marriage is based in the Commonwealth’s foresight that changing the legal definition of marriage would unavoidably change the way Virginia’s citizens view marriage and make the Commonwealth’s marriage laws adult-focused rather than child-focused. If the message and function of marriage is changed in concept, the cultural significance attached to marriage will also change.
. . . male-female marriage serve governmental interests that are not just legitimate, but compelling, namely, encouraging the procreation and rearing of children by the very people responsible for begetting them, in the stable environment of the marital family. The simple fact is that moms and dads are different, not interchangeable, and having both a mom and dad is an ideal parenting environment. (Emphasis added.)
Separately, in a statement issued when they filed the brief, Bishops DiLorenzo and Loverde stated:
We affirm the intrinsic dignity of all people. ... We also seek to preserve the one institution that was designed to protect children and the family: marriage, rooted in natural law as the union of one man and one woman. Marriage has an original, unalterable design that existed before any religion or government. No religion, government, or court should re-design it. (Emphasis added.)
Exactly. Our constitution and Declaration of Independence — the founding principles of American freedom — is that our rights (i.e., our freedoms) come from Nature's God, not man. If marriage is designed by nature, and has been defined as between one man and one woman form the beginning of time, no man, court or legislature can redefine it . . . except, of course, through legalisms, not Truth.
Legalisms are designed to muddle, confuse, divide and, to some extent, if inadvertently, create chaos. That is, if man says it, who's to say we can't change it to mean whatever we want. That's when it's necessary to listen to, and understand, nature and its Truth.
The U.S. Fourth Circuit Court of Appeals Courthouse in Richmond.
Of Retirements and Vetoes
Of Retirements and Vetoes
Wednesday's one-day “Veto Session” at the General Assembly proved to go largely as expected, primarily along party lines, with the Governor’s legacy cemented as the most obstructionist executive in the history of the Commonwealth.
Since ascending to office four years ago, Governor Terry McAuliffe has vetoed a record 111 bills – with none being overridden by the legislature. A two-thirds majority of those present for the votes is necessary to override a veto, and with no Democrat courageous enough to go against the hysterical “progressive” base that demands nothing less than absolute devotion to its dogmas, overrides were impossible.
With the Governor’s vetoes of many common-sense bills, several of which protected life, rights of conscience, and parental authority, there was plenty for state legislators to consider as they voted. But the day began with the shocking retirement of 24 year House veteran and chairman of the House Courts of Justice committee, Republican Dave Albo. This came on top of the recently announced retirements of Richmond area Republican Delegates Jimmie Massie and Peter Farrell. With the retirement of Speaker of the House Bill Howell already announced, it’s clear the House of Delegates will take on an entirely new flavor next year. We appreciate all the work of Delegates Howell, Albo, Massie and Farrell, with whom we have worked on many issues over the years. They will all be missed.
After nearly two hours of farewell speeches, the House finally got down to business and began the process of reviewing the Governor’s vetoes and dozens of amendments to bills, including the state budget. The Senate methodically worked through its bills dealing with the Governor’s actions as well.
The good news was the House once again rejected the Governor’s repeated effort to expand Medicaid under the failed Obama “Care” government health insurance scheme.
No vote to override a veto showed the left’s dogmatic adherence more than the failure to override the veto on HB 2191, a bill from Delegate Steve Landes giving parents a say when schools want to teach sexually explicit material to kids. When the bill passed the House in February it received 74 votes, meaning several Democrats voted yea. But today, they fell in line with their party and voted with the Governor.
Also in the House, the veto of Delegate Nick Freitas’s HB 2025, which would protect religious charities and schools from government discrimination because of their beliefs about marriage, wasn’t challenged with a vote. However, Delegate Freitas correctly pointed out that in the Governor’s own reasoning for vetoing the bill, he made the argument that religious charities are protected by the first amendment and statute for religious freedom – which means the Governor essentially argued why his own Executive Order discriminating against religious charities is unconstitutional! Remarkably, the Governor’s explanation says, “I veto House Bill 2025, which would shield from civil liability those who actively discriminate against same-sex couples. I vetoed this exact same bill last year, and my rationale for that veto remains the same.” Except we amended the bill this year to remove the civil liability part, which means, of course, it isn’t the “exact same bill”, but apparently neither the Governor nor his staff actually read the bill! You just can’t make this stuff up.
Regardless, even though the House and Senate could not garner the votes necessary to overcome the Governor’s vetoes, our message was heard clearly in the General Assembly yesterday. And credit where credit is due, despite secular leftist and media hysteria on these bills, for the most part Republicans in the General Assembly stood their ground and voted correctly.
The frustrations over the Governor’s vetoes of common sense legislation that protects religious charities, unborn life, taxpayers and parents’ rights must now be translated into action. The next Governor of the Commonwealth will either carry on the obstructionist tradition or be a conservative leader who will side with a majority of Virginians and sign these key bills.
Which Governor that is will be up to you.
Rare Bipartisan Victory
Rare Bipartisan Victory
During a General Assembly session, The Family Foundation takes a position on over 100 pieces of legislation. We try to keep you informed on as many as we can, but often we will work on proposals that never get the attention they deserve.
Case in point is a bill that thankfully on Monday Governor Terry McAuliffe signed into law.
The proposal, HB 1709, requires schools notify parents if their child is involved in an incident of alleged bullying within five school days. Patroned by Delegate Eileen Filler-Corn (D-41, Springfield), the bill was amended during the process to give schools fourteen school days – or almost three full weeks – before having to involved parents. Let’s face it, Amazon can deliver packages to third world countries faster than that! We believe parents are the key to their children thriving and that parents should be informed, notified and included as soon as possible when their children are suffering from or being accused of bullying. Three weeks is far too long.
And while the education establishment always claims it wants to involve parents, they allege it’s just too hard or too expensive to quickly pick up a phone and call a parent. We disagree.
Virginia’s definition of bullying is such that it requires very serious, repeated acts. Bullying is a serious problem, and parents should be involved as soon as possible if their child is a victim. And, if their child is suspected of bullying, they should know they are being investigated by the school.
The bill ended up in a “conference committee” on the very last days of session, where a handful of negotiators from the House and Senate worked out the final five-day time period. We’re thankful to Delegate Filler-Corn for working with us on this important issue, and for those conferees for seeing the wisdom of involving parents.
Governor Terry McAuliffe spent Thursday celebrating the fact that he’s proven to be the most obstructionist Governor in Virginia history.
Earlier this morning, Hillary Clinton’s top cheerleader went live on air with WTOP radio to veto bills (SB 2314/HB 2025) that would have provided modest protections for pastors, churches, and peaceful religious organizations and schools by prohibiting the state from discriminating against them because of their religious or moral beliefs about marriage.
The vast majority of Virginians, nearly two-thirds according to polling by Mason-Dixon, believe that, at a minimum, religious entities should be able to hold traditional beliefs about the institution of marriage without facing retribution from the government. But once again, Governor McAuliffe sided with the radical LGBT lobby and the ACLU in claiming that protecting the faiths of countless churches, religious schools and religious organizations amounts to discrimination and even going so far as to say it equates to “demonizing people”, according to his official statement. The Governor, of course, is all too comfortable with demonizing anyone who happens to disagree with him!
In reality, these bills would have ensured that a religious charity couldn’t be denied equal access to state benefits because of its belief in traditional marriage – something the Governor is trying to do through his Executive Order 61 – and that Virginia students who attend Christian universities or colleges like Liberty, Regent or Patrick Henry wouldn’t be denied access to Virginia’s Tuition Assistance Grants because those schools have policies based on marriage between one man and one woman.
His vetoes were a record 90th and 91st of his term, but sadly, he wasn’t done. This afternoon, he announced the veto of several bills that would have advanced parental rights and provided more educational opportunities for Virginia families.
The Governor proudly vetoed HB 2191, which simply would have provided parents of public school students an opportunity to review and opt their child out of materials they find sexually inappropriate. You may remember that a similar bill met with fierce opposition last year from the education cabal in Richmond as well as the secular “progressive) left. This year, Delegate Steve Landes (R-25, Verona) narrowed the bill to define “sexually explicit” simply as things that are currently against the law under the criminal sexual assault statute, but that still wasn’t good enough for the Governor.
In addition, he vetoed bills which would create a full-time public virtual school option for up to 5,000 new students in Virginia, allowing them to choose, with no tuition, from over a dozen approved education providers. He also vetoed two bills that would allow two or three school districts to band together to form a regional charter school district where each district would have to have at least 3,000 enrolled students and at least one school that failed to be accredited for at least two of the previous three years.
The Governor once again sided with the antiquated, failing, one-size-fits-all education establishment against families and children who want more options and the freedom to choose the school that best fits their needs.
The reality: elections have consequences. Virginians have the opportunity to correct the McAuliffe error later this year. Advancing the values we cherish, like religious freedom, life and education freedom require a governor who not only shares our values but has the courage to fight for them. Four years of Terry McAuliffe’s contempt for the beliefs of a majority of Virginians are enough.
Defining Our Own Reality
Defining Our Own Reality
The entire "transgender" movement rests on the proposition that a person can define his or her (or "ze") own reality, and that society should recognize and yield to that conception of reality at all times in all places. It appears to be yet another unwieldy extension of the Supreme Court's infamous declaration in Planned Parenthood v. Casey (upholding Roe v. Wade) that "At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life."
Fine then, if those are the rules, two (or more) can play this game.
You can be free to define your reality by feelings, emotions, and personal experiences, as long as I am free to define my reality with biological facts, logical reasoning, and a belief in objective truth, both physical and spiritual.
For the sake of this experiment, I'll concede that your "gender" is something altogether different than your sex, and that you should be entitled to be treated as your preferred gender in every way - in bathrooms, showers, restrooms, the use of preferred pronouns, etc.. I guess if "perception is reality", then self-perception must be the ultimate reality.
Alright, now it's my turn. You have to accept that there are only two sexes - male and female - as evidenced most obviously through biological and anatomical differences, that "gender" is simply another word for biological sex, that humans were created by God as either male or female, that one's sex is immutable, and that in recognizing the profoundly unique differences between the sexes, society should honor their privacy and dignity with separate locker rooms, showers and restrooms. After all, in this game, I have an equally valid right to others' respect and official recognition of my reality.
Sounds fair enough, right?
Oh wait...except for the fact that it doesn't work at all. (Yes, I know that we BOTH innately recognize the objective "law of non-contraction" here.) That's because the realities we've "created" are in direct conflict with one another. Together they present an irreconcilable contradiction such that, no matter how hard we try, there can be no peaceful coexistence. One conception of reality will eventually succumb to the other - you can bet your next group therapy session on it.
I wish this weren't so. I really do. Wouldn't it be nice if we could "all just get along" in a world in which we each define what's real to us and then expect everyone else to live by the rules we create? Sounds pleasantly warm and fuzzy to me. Yet we all know such a place does not exist, nor could it ever. In case you had forgotten, this is precisely why we fight so fiercely over laws and public policies. We know that only one reality can prevail and that we'll have to conform our behavior to it.
The question we must answer then is: Whose reality will prevail? Will we decide that reality is defined by some person's feelings, emotions, or experiences? Will we decide to define reality by what we can see, touch, and perceive through our faculties of logic, reason, and common sense? Will it be some combination of these or some other standard altogether?
I think I know which conception of reality should prevail. But one thing I know for certain: this business of defining one's own personal reality is as nonsensical as it is untenable. We don't get to define reality, but we nevertheless have choices. We can either acknowledge its existence and align our behavior accordingly, or we can ignore it or pretend it doesn't exist until invariably it hits us like a ton of bricks.
A Message To School Boards
A Message To School Boards
I showed up on Wednesday night for Prince William County’s School Board meeting where it planned to vote on a proposed policy that would add “sexual orientation” and “gender identity” to the list of protected classes in the school system’s nondiscrimination policy. After more than three hours of testimony and not even halfway through the speakers list, I realized that I would not be able to stay for the whole meeting or give my prepared remarks to the Board. Thankfully, that wasn’t necessary, as well over 100 parents and students signed up to speak against this terrible idea. Sometime past midnight early on Thursday morning, the Board voted to table all discussion on the policy until next summer. Had I gotten the chance to speak, here’s what I would have said to the School Board:
Mr. Chairman, Members of the Board,
By now you have all heard how this policy change is dangerous, unnecessary, illegal, and fraught with ambiguities and unintended consequences. The Family Foundation, in conjunction with Alliance Defending Freedom, recently sent each of you a joint letter explaining as much.
While recognizing that you already know or reasonably should know these things, I want to pose to you a question of a different nature – a question that is really at the heart of this whole debate.
The question is this: Is there anything that is true at all? Put another way, is there any concept or belief or reality that can be objectively known and firmly relied upon? Is there anything at all that is fixed and unchanging?
Now before you suggest to your constituents that this kind of philosophical question is “above your pay grade” or that it is somehow not a relevant matter of public policy, realize that what is being proposed here tonight directly implicates this fundamental question. Because what you are in effect saying through this policy is that there is no meaningful distinction between male and female, perhaps even that there really is no distinction at all. That despite conclusive biological evidence to the contrary, boys can be girls and girls can be boys whenever, however, and wherever they so choose, and that a person’s station as either male or female makes no difference in the way that we think, live, interact, and relate with one another. And yet we ALL know that is not true.
But your assertions do beg the should-be obvious question: If we are prepared to declare that something so basic and so clear as the biological difference between male and female is no longer so, then upon what basis can we say anything at all is true? If this Board is prepared to suggest by this policy that biology and DNA and centuries of social science no longer count for anything, then please tell us what ground is left for the Board to stand on in making any decisions about the health and well-being of Prince William County students?
Given what we already know about the circumstances surrounding this proposed change – that there have been no reports of any issues for transgender students in the past ten years, that state and federal law prohibit this policy change, that there are ongoing lawsuits at all levels underway on this issue as we speak, that there is widespread opposition to this policy among parents and community members, and most significantly, that many students will be deprived of their privacy, security, and dignity – it is clear that this policy push is primarily about one thing: undermining truth and imposing a new reality consistent with a particular ideology.
But I am here to tell you, make no mistake, there are some things which really are true, and that cannot be changed, no matter how hard this School Board attempts to make it not so. Reality can only be defied for so long before its consequences show up in force. It will be no different with this policy, should you choose to enact it.
No matter what happens, we can be sure that boys will continue to be boys, and girls will continue to be girls. And you will have to deal with all of the very predictable fall-out of your attempt to deny that reality. In the meantime, unless you maintain a policy that reflects the reality that males and females are biologically and emotionally different and should therefore be afforded privacy in vulnerable settings, a lot of kids and a lot of teachers are going to be harmed. And chaos will ensue. Maybe not today. And maybe not tomorrow. But soon, you can count on it.
Truth is a stubborn thing. It will always manifest itself in reality. I urge you to abandon any attempts to defy this incontrovertible truth. The health and well-being of our kids are at stake.
Moral Cowardice Yields Political Palatability
Moral Cowardice Yields Political Palatability
Last week, Democratic Party Nominee Hillary Clinton announced the selection of Virginia Senator Tim Kaine as her running mate. Kaine is, by most estimations, a safe choice for Clinton, as he helps her with a swing state while retaining a guise of moderate liberalism. The Senator has often described himself as “personally”, but not politically opposed to abortion. Clever wordplay, which allows him to seem individually moraled yet governmentally removed from an issue on which the American public is split down the middle. It is this brand of cowardice that creates a candidate who is ethically reprehensible and also tolerable for a considerable portion of the public.
The words of anyone who holds this position immediately raise more questions than they answer. Namely, the individual's reason for personal opposition, to the moral proposition that is abortion. Why does Kaine believe that abortion is wrong in the first place? The pro-life movement, which diverts heavily from Kaine’s application of his views, fervently asserts that, from the moment of conception, the human life has value. Regardless of circumstance, age, or development, this principle of inherent worth is one that must be applied to all humans. If selectively distributed, the aforementioned absolute becomes self defeating, and useless. Therefore, Kaine cannot cite this reason as the cause of his “personal” tension with abortion. That would mean his governmental view would need to follow, in order to avoid an obvious philosophical inconsistency.
And Yet, millions of Americans sympathize with the Senator’s sentiment, and toe the line whilst living in obvious contradiction. For the average citizen, intellectual laziness of this order is actually a convenience. They can preach the pro-life message at their church or in their home, and espouse the woman’s “right to choose” if surrounded by liberal colleagues. The cop-out allows for conflict to be avoided, and, even though its side effect is turning the user's moral philosophy into an amorphous blob indistinguishable from self-serving nihilism, many find it preferable to, God forbid, disagreeing with someone.
In the political landscape however, views such as Kaine’s serve another benefit altogether. The reason these ideals, which in reality raise more questions than they answer, retain popularity among American politicians, is because they are intended to do just that: muddy the waters. Regardless of philosophical inconsistency, a skilled politician is able to turn ambiguous morals into lucid pandering, hopping from one side of the fence to another, garnering as many votes as possible. Believing everything and nothing all at once.
As principled citizens, we must demand that politicians take a true stand on consequential issues. As American voters, we must ensure that our leaders views are brimming with clarity and truth. As people of intellect, we must be appalled by those who insult our intelligence by pleading that we look past their disheveled philosophy.
By Cameron Dominy
Cameron Dominy is a 2016 Summer Intern at The Family Foundation of Virginia, and the Governor of the South Carolina Student Legislature.
This week our salesman-in-chief Governor Terry McAuliffe touted that Virginia was once again named a Top 10 state for business by Site Selection magazine, coming in at number six. This is apparently a good thing, even prestigious. Given that Virginia had been dropping like a rock in nearly every similar business ranking since he took office, it’s not surprising the Governor’s press office tried to make a big deal out of this one.
In his press release, the Governor said, “We are working every day to build a new Virginia economy that works for everyone, and moving back into the top 10 in Site Selection’s prestigious Prosperity Cup ranking is evidence that those efforts are paying off.”
Pretty boiler plate stuff.
What was interesting, however, was what wasn’t mentioned in the Governor’s press release, given that in nearly every speech he’s made he’s been sure to mention how terrible things are in our neighbor state to the south, North Carolina, because its legislature dared attempt to protect the privacy of women and children in public restrooms. He’s demeaned and demonized the Tar Heel state, and ridiculed efforts to protect women and children here in Virginia. He’s attacked efforts to defend religious liberty while he’s also made sure his efforts to increase the number of abortions in Virginia has been front and center in his messaging about making Virginia more “open” for the kinds of businesses that care about such things. Yet in this press release, not a peep.
At least until you look at the actual Site Selection rankings and low and behold what state do you find at the top of the list? Well, it ain’t Terry McAuliffe’s Virginia.
You guessed it, the top state in the nation for business according to Site Selection would be North Carolina.
Amazingly, despite the media-driven, leftist hysteria generated by the now famous HB 2, businesses are still moving to North Carolina, apparently at a higher rate than the Old Dominion. Perhaps public policies like low tax rates actually do matter to intelligent business owners despite state Senator Dick Saslaw’s remarkable claim made during session that he didn’t know of a single business that ever made a decision about where to locate based on the tax rate.
Anyway, if we’ve learned anything from the HB 2 debacle it is this: the narrative wins out over reality every single time. Reality tells us that North Carolina is doing just fine, better even than Virginia. But my guess is that if you asked most lawmakers or your average citizen they’d be convinced otherwise.
Send a Message to Warner and Kaine!
Send a Message to Warner and Kaine!
U.S. Senator Tim Kaine announced he plans to oppose confirming Judge Neil Gorsuch to the Supreme Court to fill the late Justice Antonin Scalia’s vacant seat. Likewise, Virginia’s other Senator, Mark Warner, issued a statement earlier this week that he also plans to oppose Gorsuch’s confirmation.
Both cite Gorsuch’s refusal to claim support for abortion “rights” as their reason for opposing this highly qualified jurist – and notably – one for whom members of their party unanimously confirmed to join the Tenth Circuit Court of Appeals in 2006.
CLICK HERE to urge Senators Kaine and Warner to do the sensible thing, and confirm Judge Neil Gorsuch to the U.S. Supreme Court!
According to Kaine, “After meeting with Judge Gorsuch and reviewing his testimony and past decisions, I’ve observed that he has repeatedly taken an activist approach to cases involving a woman’s right to make her own decisions about her health.” Presumably, Sen. Kaine is referencing Gorsuch’s majority opinion in the Hobby Lobbycase (which was soon after affirmed by the U.S. Supreme Court) where the courts held that Hobby Lobby had the right, consistent with its religious liberty, to provide health insurance to its employees that excluded coverage for abortion-inducing drugs.
Sen. Warner said, “Despite his impressive academic credentials, Judge Gorsuch’s record and evasive responses – even refusing to answer questions regarding his views of cases like Roe v. Wade and Citizens United – do not give me confidence that he possesses a judicial philosophy that will serve the American public well.”
Virginia Senators Mark Warner and Tim Kaine portray themselves as "moderates," with the help of a friendly media. But their voting records and rhetoric have become more and more out of touch as their party lurches to the extreme left. Now, both are taking their cues from Planned Parenthood and the ACLU by opposing Gorsuch.
Both Senators need to hear from real Virginians like you that their vote against Gorsuch is a vote against Virginia. It's a vote against the Constitution. It's a vote against freedom.
Contact both Senators now and urge them to confirm Neil Gorsuch for the Court!
Family Foundation Announces Impending Legal Action
- McAuliffe Administration Notified Today -
RICHMOND–The Family Foundation of Virginia today announced that the administration of Governor Terry McAuliffe has been notified of impending legal action regarding violations of state law by the Department and Board of Health during the abortion center health and safety standards regulatory process.
“Over and over again during the nearly three-year process of amending the standards, the administration and Board violated the Administrative Process Act, the state law that provides the framework for regulatory action, the administrative code, and the Governor’s own Executive Order 17 regarding the regulatory review process,” said Victoria Cobb, President of The Family Foundation. “Regardless of one’s belief about the need for basic health and safety standards for abortion centers – or of any regulation for that matter – we all have to agree that a regulatory body cannot act outside the law when it wields extraordinary power over business, commerce and health care. We have the Administrative Process Act for that reason, to provide legal boundaries and process for unelected regulatory bodies, to provide transparency and public input throughout the regulatory process, and to be able to hold these agencies accountable when they go beyond the scope of their authority.”
Details of the administrative appeal were not released, but will be made available when the action is filed in Henrico Circuit Court within the next thirty days. The Family Foundation is paying the legal fees for one appellant in the appeal, Itzel Melendez, from Richmond. At a Richmond press conference today, Mrs. Melendez said, “In the past, I had occasion to visit an abortion center for the purpose of obtaining an abortion. I am participating in this case because I am concerned that without basic health and safety standards, abortion centers will operate in a way that could put my health at risk if I ever decided in the future that I needed their services. The standards that were in place were there to protect women like me from harm. Without them, I am no longer confident that my health would be protected.”
Cobb did reference one of the examples of where the pro-family organization believes the administration broke the law. She stated, “The agency violated the Administrative Process Act by amending entirely separate and unrelated regulatory sections that had not been included in the regulations’ “Proposed” phase. Several regulatory sections amended by the Board were not included in the “Proposed Regulation Agency Background Document” posted in townhall.gov, and these regulatory sections dealt with matters the public did not have an opportunity to comment on in accordance with the requirements of the law.
“In addition, several regulatory sections the Board amended were not even in the agency’s “Final Regulation Agency Background Document” posted in townhall.gov, let alone its “Proposed Regulation Agency Background Document”. The Code of Virginia requires that the notice requirement contain “(i) a statement of the date, time and place of the hearing at which the regulation is to be considered; (ii) a brief statement as to the regulation under consideration; [and] (iii) reference to the legal authority of the agency to act; ….” Yet, that never occurred for all of the regulatory topics for the sections that were not included in the agency’s “Proposed” regulations. This is an important matter of transparency – providing to the public a clear list what areas of regulation are intended to be reviewed and amended. The public and the entities being regulated should know from the beginning what areas of regulation the agency intends to change. By avoiding disclosing all the areas the Department and Board intended to amend they violated both the letter and spirit of the law.
“In this case, the Department and Board initially indicated they would review and amend only six areas of the regulations, and instead ended up changing more than 20. The public had no ability to weigh in on these changes until after the Board had already voted.”
Cobb said, “There is a specific, detailed, and yes sometimes cumbersome regulatory process that, whether we like it or not, is the law of Virginia. Without a framework, and without criteria and accountability for regulatory agencies, one can only imagine the damage that could be done in any arena by regulatory bodies.”
“The Family Foundation fully supports the actions taken by these appellants,” added Cobb. “It is unfortunate that the McAuliffe administration has in its ideological zeal consistently ignored or violated state law throughout this process, but it must be held accountable for those actions. The regulatory process has rules that must be followed. Again, this appeal is about that legal process and this administration’s ignorance of or disdain for that process.”
Appellants in the case who appeared at today’s press conference were Virginia Board of Health members Megan Getter and Henry Kuhlman, and Itzel Melendez of Richmond. The attorney representing Mrs. Melendez is Dan Carrell of Carrell, Blanton Ferris and Associates, Richmond.