Stay HereAug 21, 2014
Yesterday, the U.S. Supreme Court granted a stay on the ruling of the U.S. Fourth Circuit Court of Appeals' decision on Virginia's Marriage Amendment, which declared it, as well as Virginia's statute protecting marriage as between one man and one woman, unconstitutional. The stay prevents same-sex "marriages" from taking place until the matter is resolved by the High Court. The action comes about a week after the Fourth Circuit failed to grant a stay of its own decision, even though courts of all levels typically grant such stays when the ramifications of the decision can cause chaos and disruptions, when stays have been granted by a higher court on the same issue, and/or when it is certain that a higher court will take up the case. All of these characteristics apply to this situation.
The Fourth Circuit's act of judicial activism — potentially creating same-sex "marriage" by judicial fiat — could have caused mass confusion in Virginia, particularly if the Supreme Court reverses the Fourth Circuit's decision. Experts expect the Supreme Court to take up the issue of state marriage amendments in its next term, which begins October 6.
Our friends at Alliance Defending Freedom are representing Prince William County Clerk of Court and former member of the House of Delegates Michele B. McQuigg in defense of Virginia's Marriage Amendment in the absence of Attorney General Mark Herring defending state law as his oath of office prescribes, and because of the lack of representation provided by Governor Terry McAuliffe as allowed in such circumstances. In a statement released yesterday, ADF senior counsel Byron Babione said:
Virginians deserve an orderly and fair resolution to the question of whether they will remain free to preserve marriage as the union of a man and a woman in their law. By granting our request to place a hold on the 4th Circuit's decision, the Supreme Court is making clear, as it already did in the Utah marriage case, that it believes a dignified process is better than disorder. The Supreme Court acted wisely in restraining the lower court from implementing a ruling of this magnitude before the high court has a chance to decide the issue.
Stay tuned . . . and pray. This matter is far from settled.
Please check back to this blog over the next few days or early next week for a particularly extraordinary interview that speaks to many of the issues regarding whether same-sex "marriage" is legitimate. It is something not to be missed.
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.
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.
Our 2016 Summer Interns
Our 2016 Summer Interns
The Family Foundation’s summer internship program has grown over the years and attracts some incredibly talented college students. This year, our 2016 intern class is bright, fun-loving, creative, driven, and faithful. With dozens of students applying for a limited number of spots, the caliber of interns continues to improve. This summer, our interns are learning about each area of the organization, from policy research to social media outreach to grassroots activism and community organizing.
One aspect of our summer internship program that continues to evolve is in Biblical worldview training and discussion. Each Friday, our interns spend several hours hearing from various experts on different issues and participate in in-depth discussions of these topics. Our goal is to continue to expand this program in future years, and I look forward to announcing more about these plans in the coming months!
I hope you’ll enjoy the brief bios below and be sure to click on their names to read more about each of them:
Abbey Jessee (Development Intern; Radford University)
Abbey returns to us after interning last summer. This is her second summer interning and she is very excited to be back again. She attended Radford University and graduated in May with a degree in Marketing and a minor in Sports Administration. A fun fact about Abbey is that she has broken her arms 5 times and her foot once. Although it has been a little over a year since she’s been clumsy and broken anything and her family is hoping that the streak continues!
Grace Saunders (Social Media Intern; University of South Carolina)
Grace is the Social Media Intern at TFF this summer. She will be a junior next year at the University of South Carolina, Go Cocks! She is studying Library and Information Science with the hopes of minoring in Political Science, as her dream job is to be a political analyst. Her favorite sport is tennis and she considers herself to be the next Serena Williams. Peanut Butter and Chocolate are her two top favorite foods, so the way to her heart is Reece’s and Cookout Milkshakes. She obviously got the internship start date wrong because she didn’t show up until a month through the internship. She is well traveled and considers herself an expert in traveling abroad. Grace probably knows more than you so she considers humility her best quality
Richard Wiley (Policy Intern; Liberty University)
Born in Jacksonville, Florida and presently living in Goochland, Virginia, Richard was drawn to The Family Foundation because of his interest in the interaction of church and state in local politics, particularly those in the Old Dominion. He was homeschooled for much of his primary education and studied with Liberty’s dual enrollment program to complete high school with an associate’s degree. Richard graduated with a bachelor’s degree in pre-law from Liberty this spring after spending time on the University’s policy debate team, moot court team, and SGA legal team.
Evan Withrow (Grassroots Intern; Christopher Newport University
Evan is an excellent candidate for the new British Prime Minister. After Britain voted to leave the EU last month, Prime Minister David Cameron decided he no longer wanted to steer Britain to its uncertain future and announced his resignation. The nation will be left looking for somebody come October and much to our excitement as the first American non-profit organization to endorse an all-American candidate for Prime Minister, Evan has agreed to act in this capacity should he be chosen, so long as he gets to keep his desk and his American accent. His experience includes, but is not limited to, diligent and faithful service to his country in his softball league for several years, two years of college education at Christopher Newport University studying communications (probably the undercover kind), and YouTube. We can’t guarantee that he’ll be selected by the present monarch due to a less than advantageous situation with the unionist party, but if he succeeds at gaining the position, he’ll leverage technical jargon against malefactors better than Humphrey Appleby ever did.
Cameron Dominy (Elections and Grassroots Intern; Charleston Southern University)
Cameron is very much a Yankee…yet he wears Chubbies and goes to school at Charleston Southern University. Cameron is a Former Division One Javelin Thrower, but his competitive spirit carries over which is why he is currently serving as the President pro tempore for the CSU Student Government and is also the chairman of the CSU College Republicans. The South Carolina Student Legislature is lucky to have him as their chief of staff.