Koelemay's Kosmos

Doug Koelemay


 

Fair and Friendly?

 

Or rigid and regulatory? Voting for an amendment that discriminates against unmarried households is no way to improve Virginia's business climate.


 

The Fortune 500 are giving Virginia better economic development signals than the Family Foundation. Eighty- five percent of Fortune 500 companies now ban discrimination in the workplace based on sexual orientation. Diversity, inclusion, rights, choices and freedoms for everyone -- the kinds of things Virginia pioneered for the world in its Bill of Rights -- turn out to be good for business, good for employees, good for customers and good for consumers. That makes a "No" vote on Ballot Question #1 on November 7 a critical business investment in Virginia’s future.

 

Forbes.com named Virginia the best state in the nation for business earlier this year, taking special note in the process of the Commonwealth’s "fair and business-friendly regulatory environment." That makes the dramatic new government regulation of no "legal status for relationships of unmarried individuals" introduced in Ballot Question #1 a direct attack on Virginia’s competitiveness. And if you are single in Virginia, a "No" vote on November 7 may help save your job, your benefits and your quality of life in the decades ahead.

 

Virginia businesses and business groups, frankly, didn’t pay much attention to General Assembly action the last two years to put the question on the ballot. Many still aren’t. After all, the first sentence refers to marriage being between one man and one woman, something that already is the law in the Commonwealth. Now businesses are discovering the second and third sentences on the ballot that question the legal status of every unmarried Virginian and the agreements, benefits and contracts each may have. They are discovering that the amendment could turn the Bill of Rights into a Bill of Restrictions.

 

"How did this nonsense ever get on the ballot?" was the question of one Northern Virginia business group executive committee member reading the ballot question for the first time in September.

 

Part of the reason is that business didn’t pay attention to it. "Virginia, cradle of liberty and constitutional rights adopts discrimination."

 

How is that for an attractive headline for Fortune 500 business executives considering expansion and relocation plans in Virginia? Our competitor states will make sure the world sees that headline if Ballot Question #1 passes.

 

"Unmarried couples face difficulties in making medical decisions after Williamsburg accident." How is that for a headline to help publicize the Commonwealth’s celebrations next year? You will read articles about these kinds of unintended consequences if Ballot Question #1 passes.

 

"Virginia is for Lovers (Unmarried Individuals May Not Intend to Approximate the Design, Quality, Significance, or Effects of Marriage)." How is that for a new bumper sticker and ad campaign guaranteed to boost Virginia tourism? Just because we don’t produce it doesn’t mean someone else won’t.

 

If the South has learned anything in the last 50 years it is that discrimination is not an economic development tool. Modern, enlightened business, in fact, leads by organizing around one key function – attracting and retaining the best, most creative, innovative people – the ones who could live, work and succeed anywhere. Business again is out ahead of the law. Although 85 percent of Fortune 500 companies ban discrimination based on sexual orientation, only a third of the states do. Virginia pointedly does not.

 

But it is clear that businesses rely on the same freedoms to define and negotiate agreements and contracts on their own terms that will be compromised by Virginia Ballot Question #1. What agreements and contracts will Virginia go after next? Businesses understand the need to avoid the legal questions and endless challenges ahead if the legal status of unmarried employees and their benefits that are extended and managed through the workplace -- health, dental, dependent coverage, COBRA, retirement, family and medical leave, bereavement leave, supplemental life insurance -- are thrown into legal limbo.

 

Proponents of Ballot Question #1, such as the rigid and regulatory-minded busybodies at the Family Foundation, claim only the best of intentions. But as U.S. Senator Daniel Webster warned in the early decades of the Republic, "Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions." Ballot Question #1 contains exactly the kind of restrictions unmarried Virginians and the companies they work for should be protected against.

 

Not convinced there are problems ahead? Substitute "divorce" for "marriage" as the subject of discussion and the dangers of good intentions are clear. Some religions still oppose or do not recognize divorce. Making marriage work is a good intention. That doesn’t mean a ban on divorce can be written into Virginia’s constitution without severe consequences for businesses and communities, as well as individuals. Any Virginian can grasp quickly the chaos in the workplace and lawsuits ahead if Virginia suddenly adopted a constitutional amendment that did not recognize a legal status for divorce or any other agreement that "assigned the rights, benefits, obligations, qualities, or effects" of divorce.

 

Fortunately, Virginia business executives, businesses and business groups are beginning to grasp that their future successes rely on the same rights and freedoms that Virginia Ballot Question #1 would take away. Business groups from the Geater Falls Church Chamber of Commerce to the Retail Alliance of Norfolk have joined faith, community and other groups in the Commonwealth Coalition’s "VoteNoVa.Org" campaign. Business finally is beginning to raise the questions that could lead Virginians to a "Just Say No" answer.

 

What could be the best answer to such proposals was suggested a couple of years ago by humorist and columnist Gene Weingarten when the whole "marriage amendment" question was being run up and down the federal flagpole. The Weingarten amendment would read, "It shall be unlawful to use the Constitution as a plaything for the politically self-righteous. Violators should all go to Hell."

 

A Weingarten amendment on the Virginia ballot won’t happen, of course, but that makes a simple "No" on Virginia Ballot Question #1 on November 7th a good answer to the real question: Will the Commonwealth remain fair, business-friendly and competitive or will it step backwards toward discrimination, rigidity and regulation?

 

-- October 9, 2006 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact info

 

J. Douglas Koelemay

Managing Director

Qorvis Communications

8484 Westpark Drive

Suite 800

McLean, Virginia 22102

Phone: (703) 744-7800

Fax:    (703) 744-7994

Email:   dkoelemay@qorvis.com

 

Read his profile here.