From Bob Marshall, the Conscience of the Virginia Legislature

The Letter below from Virginia State Delegate Bob Marshall illustrates clearly why he is considered the conscience of the legislature. Governor Bob McDonnell has been a big disappointment, particularly in view of his Catholic faith. That this amendment betraying the unborn should be added by a Catholic governor is pitiful. St. Thomas More, patron of politicians, pray for him.

Dear Friends,

Gov. Bob McDonnell has offered a highly flawed amendment to HB 1900 and SB 921 governing insurance coverage in Virginia which I cannot support.  Instead, I will vote “present” on the Governor’s abortion Amendment at the April 3 reconvened session in Richmond.

 

I have read alerts from several pro-life groups supporting the Governor’s amendment but none included the actual amendment language, which I cite here:

Of Witch Doctors and Abortion Regulation

While Chuck Robb was governor of Virginia (1982-1986) he eliminated regulation of abortion facilities which were, at the time, under the scrutiny of the Virginia Department of Health. Liberals talk a lot about "safe" abortions, but they're always first in line to make sure that abortionists enjoy free rein. Wouldn't want to hamstring them with the same kind of regulations that apply to other free standing surgical clinics: like cleanliness, hiring only licensed personnel, having basic equipment on hand to deal with complications, etc. 

Constitutional Government Begins with the States!

Most Americans don't know or understand the history of the Republic. They are willing to let the federal government usurp the rights of the states despite the fact that it was THE STATES that wrote the Constitution and put into place its amendments to restrict the powers of the federal government. The founders worried about abuse by a strong central government. (Remember, they were fighting the powers of absolute monarchy.) That's why they were so careful to include checks and balances in the Constitution. They would be appalled today at all the huge departments in Washington, D.C. usurping so many states' rights.

In Virginia, a local state senator illustrated recently his flawed understanding of the relationship between Washington, D.C. and the states. Senator Dick Saslaw voted no in committee on the senate version of a bill already passed by the House of Delegates, HB 10, to forbid Congress from mandating that Virginians purchase health insurance. Saslaw in an almost unbelievable witness to his ignorance of the Constitution said, “You’re telling me that we’re going to tell Congress what to do? Congress can do whatever it wants.”

No, Mr. Saslaw, Congress may not do "whatever it wants." The federal government has only the authority to make laws about a limited number of items. The rest are reserved to the states and to the people. Read the doc! Congress, especially under Nancy Pelosi and Harry Reid, may THINK it can do whatever it wants, but the Constitution specifically forbids it. That's why liberals work so hard to stuff the courts with judicial activists who will run roughshod over the rights of the states and the people protected by the Constitution. And that, Virginia, is why the tea party movement is growing and flourishing. Read more about Saslaw's ignorant outburst here....

Virginia Bishops Help Defeat HB 112, Personhood of Preborn Children

Shame on the two Virginia bishops whose lobby arm was used to help defeat a bill recognizing the personhood of preborn children. These two bishops, Paul S. Loverde of Arlington and Francis DiLorenzo of Richmond, constantly lobby against the death penalty under all circumstances and in favor of more state aid for illegal immigrants, but could not stand up for the fundamental right to life of the innocent baby in the womb. Their support of minor pro-life bills on parental consent and funding issues is all well and good, but abandoning the basic right of the babies is shocking! It is consistent, however, with Bishop DiLorenzo's failure to stop Catholic Charities of Richmond from taking a ward of the state under their care for an abortion in 2008 and then covering it up until it was about to become public. This is what happens when bishops are more tuned into the secular vision of "social justice" than the Catholic view. They make intrinsic moral evils less important than matters of prudential judgment. Bob Marshall and the two delegates voting in favor of the bill, Clay Athey and Jackson Miller, deserve a thank you for their efforts to protect our tiniest and most helpless brothers and sisters.

Why HB 112 Personhood Bill Failed

Despite excellent testimony in favor of HB 112, Delegate Bob Marshall's bill to begin the process of restoring civil rights for preborn children, HB 112 was rejected five to two in the House Courts of Justice Constitutional Laws subcommittee Wednesday, February 10.

Delegates Albo (R-Springfield), Kilgore (R-Wise), Toscano (D-Charlottesville), McClellan (D-Richmond) and Watts (D-Annandale) voted no. Delegates Athey (R-Front Royal) and Jackson Miller (R-Manassas) voted yes. Delegate Miller moved to report HB 112 and Delegate Athey seconded the request. (Please thank them!)

Attorney General Ken Cuccinelli sent his Solicitor General to testify in support of passing HB 112 and to affirm its constitutionality. Attorney Rita Dunaway expertly fielded questions of Committee members. Attorney Pat McSweeney along with Delegate Marshall also testified in favor of HB 112.

The ACLU, Planned Parenthood and NARAL representatives testified against HB 112. Virginia Family Foundation (VFF) representatives were present but did not speak. The Virginia Catholic Conference (VCC) told the Committee that the bill's purpose was acceptable, but they did not support HB 112.

Delegate Dave Albo cited the VCC's position in his explanation for voting against HB 112. “Even the Catholic Church through its legislative affairs representative stated that … the Church does not think this bill is the way to implement it. (See Black Velvet Bruce Lee (BVBL) political Blog (Comment 11 at http:///www.bvbl.net/index.php/2010/02/11/are-albo-and-kilgore-pro-abortion/#comments) Delegate Kilgore in a 2/11/10 email told an HB 112 supporter that "The bill as presented was not even supported by the Catholic Church."

Had delegates Kilgore and Albo voted for HB 112, it would have passed to the full House of Delegates! (The position of the two Virginia Catholic bishops and the Catholic Conference in not supporting HB 112 is in direct opposition to the testimony of four Catholic American Cardinals before the US Senate in 1974. The Cardinals said establishing legal personhood for preborn children was essential to outlawing abortion. For details, contact Del. Bob Marshall.)

Opponents to HB 112 claimed the bill would have adverse consequences, such as counting preborn children in the census, criminalizing miscarriages as homicide, outlawing birth control, taking income tax deductions for children before birth, or closing in vitro clinics, yet in the three states which have laws similar to HB 112, nothing like this has happened. HB 112, though not identical, was modeled after a 1986 Missouri law which was upheld by the U.S. Supreme Court.

Delegates Albo and Kilgore both told Delegate Marshall and other HB 112 supporters Wednesday night at the hearing and later that had HB 112 contained the original Missouri language they would have supported HB 112. Delegate Marshall therefore had the Missouri language drawn up as an amendment the next day, hoping a Courts Committee member would offer the original Missouri language at the full committee meeting on Friday.

However, on Friday, February 12, no Republican member of the full Courts of Justice Committee brought up HB 112 in order to amend it, apparently because a Republican Caucus policy (applies only to Republican delegates) states that bills failing in Subcommittee should not be taken up by the full committee even though the Rules of the House of Delegates and Parliamentary Rules allow for such actions.

Delegate Albo noted that HB 112 did not stop even one abortion. Delegate Marshall explained that HB 112 was not introduced to outlaw abortion now. However, HB 112 challenged the two legal assumptions of Roe vs. Wade by affirming the humanity and personhood of preborn children, and providing a definition for a human being which the Roe Court said it was unable to do. However, HB 112 would require Virginia Courts to allow “wrongful death” suits for the parents of a preborn child who was killed. HB 112 would also create a public policy tension by questioning why some persons are not protected under Virginia law, and then later offering a direct challenge to the conclusion of Roe and Doe by outlawing abortion and providing for criminal penalties for doctors who perform abortions.

Delegate Albo wrote to a constituent on February 12, that HB 112 "is in violation of Roe vs. Wade." This is not correct as the original Missouri language was upheld in 1989 by the US Supreme Court in Webster vs. Reproductive Health Services, which also affirmed Roe vs. Wade.

This fact was explained to Delegate Albo by attorney Rita Dunaway at a public hearing on February 10 and in a memo from Rita Dunaway sent to Del. Albo several days before the hearing. Del. Albo also wrote that HB 112 would make the Pill and In-Vitro clinics illegal, even though he was told that this has not happened in Missouri, Louisiana or Illinois which have similar laws, and the Dunaway memo pointed out this claim was false. Delegate Marshall also explained that a corpus dilecti, (dead body) is needed for proof of homicide, which would be impossible to produce by use of the Pill.

HB 112 provided rules of legal construction for statutes for Virginia Courts and state agencies to affirm personhood for preborn children. HB 112 could not be applied as a criminal statute because of constitutional due process requirements to clearly specify the elements of a crime.

Attorney Pat McSweeney (former Chair, Republican Party of Virginia) eloquently told the Subcommittee that it was unconscionable for legislators to duck the simple task of affirming personhood for preborn children and that legal definitions matter and have profound personal and social consequences. McSweeney pointed to the practice of German guards, who wrote on box cars containing Jews, the number of "sticke" which meant "pieces," a dehumanizing label which allowed the Nazi’s to rationalize the killings.

Please ask your delegate if they support the original HB 112 or with the modified Missouri language. This personhood fight might not be over for 2010 just yet.

Delegate Bob Marshall,

Office: 804-698-1013, Cell: 703-853-4213, http://www.delegatebob.com/


P.S. Below is the original Missouri personhood language applied to Virginia.

1. The General Assembly of Virginia finds that:

(1) The life of each human being begins at conception;
(2) Unborn children have protectable interests in life, health, and well-being;

(3) The natural parents of unborn children have protectable interests in the life, health, and well-being of their unborn child.

2. The laws of Virginia shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development, all the rights, privileges, and immunities available to other persons, citizens, and residents of this state, subject only to the Constitution of the United States, and decisional interpretations thereof by the United States Supreme Court and specific provisions to the contrary in the statutes and Constitution of Virginia.

3. As used in this section, the term "unborn children" or "unborn child" shall include all unborn child or children or the offspring of human beings from the moment of conception until birth at every stage of biological development.

4. Nothing in this section shall be interpreted as creating a cause of action against a woman for indirectly harming her unborn child by failing to properly care for herself or by failing to follow any particular program of prenatal care.

HB 112 provides that:

1. § 1. That a human being is any organism, including an embryo, who possesses a genome specific for and consistent with a member of the species Homo sapiens. For the purposes of certain inherent and constitutionally guaranteed rights, every human being is deemed a legal person in the Commonwealth.
§ 2. Unborn children have protectable interests in life, health, and well-being, and the natural parents of unborn children have protectable interests in the life, health, and well-being of their unborn children.

§ 3. Subject to the United States Constitution and the Constitution of Virginia, the laws of the Commonwealth shall be interpreted and construed to acknowledge on behalf of all human beings, including unborn children at every stage of development, the equality and inherent rights guaranteed by Article I, Section 1 of the Constitution of Virginia and the right to due process guaranteed by Article I, Section 11 of the Constitution of Virginia.

§4. Nothing herein shall be construed to expand, limit, or otherwise modify any determination of law regarding what constitutes appropriate medical services for pregnant women.

My Favorite Politician: Bob Marshall, Virginia Delegate

Bob Marshall is a man of principle who will never sell out to the special interests. He calls for constitutional governance. "Authority comes from the people.... This fight [healthcare] is a fight over whether you are a citizen or you are a serf!"

Read the Constitution and ask politicians the hard questions and support Bob Marshall. He is currently introducing a personhood amendment in Richmond. See the text below the video and the list of members of the Courts of Justice Committee who will be reviewing the bill. If you live in Virginia, ask for their support and please pray for passage of this bill.

Stem Cell Research Approved - We're all Nazis Now.

Virginia State Delegate Bob Marshall sent me the following article about President Obama's approval of stem cell research which is the act of beginning new human lives so the little ones can be cannibalized for their stem cells. Why do the scientists want this? - for human experimentation, a crime against humanity. The Nuremberg war trials condemned men who experimented on humans. So -- not only are "we all socialists now," we are all Nazis as well. If Dr. Mengele were around today, Obama would no doubt name him Surgeon General.

Obama, Thomas Jefferson, and Stem Cell Research

by Bob Marshall

Nowhere in any of the White House documents authorizing the moral travesty of experimentation on human embryos, does President Obama acknowledge that the research he wants to fund with tax monies involves the intentional death of newly created human beings.

Our 44th president, Barrack Obama, skips over this point of “creation.” His inaugural speech referred to the “God-given promise that all are equal.” But our 3rd President, Thomas Jefferson, said, “All men are created equal.” Is this distinction above Obama’s pay grade?

Failure to acknowledge a man’s creation means ignoring “inalienable rights endowed by our Creator.” How convenient!

Mr. Obama accuses human experimentation opponents of ideological bias and politics. Yet American taxpayers will be forced to fund lethal research which provides NO cures, therapies, or clinical benefits!

Until now, the FDA had never approved embryo stem cell therapy because it promotes tumors and growth of wrong organs. Adult stem cell therapy works and has no ethical controversies.

Nature Magazine reported last summer that Harvard scientists turned one type of adult cell directly into another type of adult cell which produces the specialized pancreative beta cells that secrete insulin. This new technique eliminates any scientific justification for using embryonic humans for research.

Apparently, Mr. Obama thinks he can improve the created order.

For three years (2005-2007) I chaired the Virginia General Assembly Stem Cell Study. Members served from all persuasions on the issue. We had extensive and thorough public hearings with experts in medical, research, scientific and ethical fields.

The Father of American embryo stem cell research, Dr. John Gearhart of John Hopkins University, told our Committee that transplanted embryo stem cells develop tumors and other problems. For these reasons, we unanimously concluded that Virginia should only support adult stem cell research. I believe Virginia is the only state which adopted its policy AFTER a thorough and impartial inquiry.

President Obama has crossed a moral fault line in the created universe. He should reflect that while God always forgives, and man sometimes forgives, Nature never forgives and is a stern taskmaster.