What's Not on the Ballot in Virginia is the Most Important Issue in the Race!

Many Virginians are probably unaware of an abortion amendment that is making its way through the Virginia legislature. It allows all abortions up to birth. Do you remember when Virginia's former governor, Ralph Northam, went even beyond killing babies in the womb up to delivery? He publicly stated that after birth parents and the doctor could decide whether to kill a baby (presumably by neglect) after birth. There is no limit to the Democrats' willingness to murder people at any stage of life, from the little one in the womb to the sick and elderly near the end of life. You can read the full bill, Senate Joint Resolution 247, here. But this is the essence:

Virginia Catholic Conference, Abortion, and the Tenth Amendment

My pastor recently asked me if I would be the point of contact in the parish for the Virginia Catholic Conference (VCC) which is basically the Catholic lobby group for the two Virginia dioceses, Arlington and Richmond. I rarely say yes to anything without giving it serious consideration and research, so I've been examining the VCC website and looking at their 2018 legislative agenda.

Not surprisingly, their agenda is filled with issues that are questions of prudential judgment (on things like immigration, gun control, consumer protection, etc.) rather than issues involving non-negotiable moral imperatives like abortion and same sex "marriage"; but I'll set that aside for a moment.

Virginia Bishops' Lobby Group Doesn't Represent My Friend (Or Me!)

What do you think about state Catholic conferences hiring lobbyists? Frankly, it makes me queasy. Not that Catholics don't have a right to make their collective voice heard about issues important to Catholics, but from my experience, the bishops are just as likely to support things to which I'm violently opposed. That a state bishop's conference would lobby for a position that is a matter of prudential judgment and frame it as "the Catholic position" is irresponsible. And it's happening all over the country. My friend who wrote the lettter below is spot on in his critique of the Virginia Catholic Conference lobbying efforts. Here's what he wrote to a priest of the Arlington Diocese: 

Hi Father,

A little while ago I sent you a Michael Voris video. Thank you for your reply.

I get your point that those Voris criticizes, however accurately, will not like to hear it. I don’t think Voris is trying to win over those folks but only to intrude upon their self-satisfaction by speaking for the segment of the laity who already agree with him. 

From this laymen’s perspective he's expressing what many of us think. The laity is on the receiving end of one-way communication so our perspective is not something all clergy can share. Still, one can refrain from rejecting the message and shooting the messenger because of style issues. Voris speaks mostly of faith, morals and liturgy but it's not just those which are sources of discontent with the Church’s appointed leaders. As an example of one-way communication that reflects (in my opinion) lack of solidarity and understanding of the working-class laity, I would refer you to page 19 of the Arlington Catholic Herald dated March 21-27, 2013.

This is a full-page report of the lobbying work during the Virginia Legislature's 2013 session by the Virginia Catholic Conference which the article describes as "the public policy agency of Virginia's two bishops and their dioceses." Actually it is simply the personal arm of two bishops and their employees. No more, no less. Bishop Loverde and his employees do not speak to the VA. Legislature in the name of anyone but themselves; certainly not for me or any laity that I know. In fact, I’m offended and embarrassed by their public stance.

Consider some of the "issues" described on page 19 (ACH):

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.