Category Archives: Civil Rights, Individual Liberties

Virginia Legislation Would Penalize Lack of Diversity in Firms Seeking Economic Development Aid

Posted on January 15, 2024 by | 3 comments

by Hans Bader

Recent Virginia legislation raises interesting constitutional issues under the Fourteenth Amendment’s equal protection clause. Virginia legislators have introduced bills that would make corporate board diversity a factor in whether to give corporations tax incentives for economic development. In deciding whether to approve tax incentives to a company, the MEI Project Approval Commission would have to consider whether “at least 30 percent of [its] board of directors consists of women and historically underrepresented groups.” The requirement is contained in House bill HB 212 and Senate bill SB 393.

The legislation doesn’t strictly require a quota, but there are instances in which courts have struck down state laws that merely encouraged the consideration of race and gender, without requiring quotas. One example is when a federal appeals court struck down a California law that required general contractors to either subcontract percentages of the work to minority, women, and disabled veteran-owned subcontractors, or demonstrate good faith efforts to do so. The required “goals” were not particularly onerous — “not less than” 15% for minority business enterprises, 5% women, 3% disabled veteran. And companies merely had to try to meet them (not succeed).

But the Ninth Circuit Court of Appeals struck down the law, because even though “the statute does not require set-asides” based on race or gender, “it encourages them.” (See Monterey Mechanical Co. v. Wilson, 125 F.3d 702 (9th Cir. 1997), striking down California Public Contract Code § 10115(c)).

So, the fact that the Virginia legislation does not impose a rigid quota for women and historically underrepresented groups does not insulate it from a constitutional challenge. A desire to help historically underrepresented groups doesn’t give government officials broad leeway to promote race or gender in selection, even as one of many factors, as the Supreme Court illustrated last year in striking down admissions policies at the University of North Carolina and Harvard University that were designed to promote racial diversity, and open doors to historically underrepresented groups like African-Americans.  (See Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023)).
Continue reading →

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Posted in Civil Rights, Individual Liberties, Race and Race Relations

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Public Health Covid Rules Were Nothing But Voodoo

Posted on January 12, 2024 by | 194 comments

Ralph Northam

by Kerry Dougherty 

We tried to tell you. Those of us with common sense were attacked for it though.

Back in 2020, when we were being accused of wanting to kill grandma because we knew the “rules” coming from our public health officials were — for lack of a better term — unconstitutional bullshit, we were voices in the wilderness.

Everywhere we looked, previously intelligent people were running around with silly bandanas on their faces — if they were crawling out from under their beds at all. They were acting like you had leprosy if you stood closer to them than six feet and they were begging the government to stomp on even more civil rights.

Their wishes came true. Most Americans complied with insane rules like wearing masks into restaurants, taking them off to eat, putting them on to walk to the restroom and taking them off when seated again.

Those of us who pointed out that it was as if the entire country was part of a silly SNL skit were vilified.

Continue reading →

194 Comments

Posted in Civil Rights, Individual Liberties, Health Care, Regulations and Government Oversight

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Teacher Vacancies in Virginia Cities with a Majority of Black Students Continue to be Very High

Posted on December 15, 2023 by | 32 comments

by James C. Sherlock

The statewide performance of Black kids on Virginia’s SOLs was horrible. Chronic absenteeism is a primary reason.

But I continue to look for underlying reasons and solutions for both.

This morning I checked the Staffing and Vacancy Dashboard.

The teacher vacancy rate for Region 2, Tidewater and the Eastern Shore, is currently the highest in the state at 7.62%. That statistic combines teachers and special education teachers aides and paraprofessionals. There are 3,115 unfilled positions in Region 2.

That region has been the worst in the state for a long time.

The next highest is Central Virginia at 4.9%. Southwest Virginia is lowest at 2.28%.

Region 2 vacancies both in actual numbers and in percentages are always high because school staff vacancies in Hampton Roads’ majority Black urban cities, and their proportion of the region’s public-school population, drive them up.

The data reveal that in divisions with majorities of Black students in the rest of the state, some are very high and some not.

Petersburg, as such things happen, is off the charts.

But there are a major differences in teacher vacancies, and in student performance, between Black kids in Black majority urban cities (Suffolk is a officially a city but not urban) with the honorable exception of Hampton’s Black student SOL scores, and those in Black majority rural counties.

We should perhaps look at what vacancies can tell us.

And another time at what the City of Hampton Public Schools has been doing right for so long. Continue reading →

32 Comments

Posted in Children and Families, Civil Rights, Individual Liberties, DEI, Education (K-12), General Assembly, Governance

The “Chanukah Dilemma”: Is the Menorah a Religious or Political Symbol?

Posted on December 14, 2023 by | 16 comments

Chabad-Lubavitch of Williamsburg Rabbi Mendy Hebor leads a menorah lighting at William and Mary.

by Ken Reid

Thursday night is the final night of Chanukah, the eight-day Festival of Lights that I (and millions of Jews across the world) celebrate, to mark the miracle that occurred when the 2nd temple was restored following a rebellion by religious Jews against secular Hellenistic Jews and their Greek-Syrian allies in the 160’s BCE.

Because of the Oct. 7 terrorist attack on Israel, in which 1,200 Israelis and other nationals were murdered by Hamas thugs, Chanukah has a really special meaning this year – bringing “light” to conquer the “dark” (i.e. Hamas).

But while the ongoing war has united Israelis, and probably most Jews worldwide, there is a deep divide in the U.S. and other nations on whether Israel’s response in Gaza is inhumane; some 18,000 Gazans have died in Israel Defense Force (IDF) aerial bombing and ground attacks.  The pressure, mostly from the far Left, for a permanent ceasefire keeps pressing on,  

Enter the controversy about lighting a menorah in public at a recent Williamsburg arts festival.

There, the board of the festival voted not to allow CHABAD of Williamsburg to light a menorah at the festival, thinking it was a one-sided political statement for Israel.  Arguments also were made that this is a religious holiday, and the festival was to be secular – although Christmas decorations and Christmas stuff abounded there  But then a sop was thrown at Rabbi Mendy Heber to have a pro- ceasefire message there as equal time.

Kerry Dougherty’s  article on the controversy is here  but a more detailed article in the Jewish Telegraphic Agency is worth reading. too  

Chabad moved the menorah lighting to the William & Mary campus, but the incident went viral.  Gov. Glenn Youngkin denounced the arts festival’s ban and Chabad has complained to the Virginia attorney general’s anti-Semitism task force.

Is the menorah a religious or political symbol, both, or neither? Continue reading →

16 Comments

Posted in Civil Rights, Individual Liberties, Culture wars, Politics

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The Asymmetrical Application of Free-Speech Principles

Posted on December 13, 2023 by | 38 comments

by James A. Bacon

Clifford S. Asness, founder of AQR Capital Management, did a masterful job of distilling the free-speech debate on college campuses to its essence. Though he had in mind the disastrous testimony of the three Ivy League presidents last week regarding Palestinians and Jews, his Wall Street Journal op-ed describes the dilemma at the University of Virginia as well.

Alumni donors like me don’t object to free speech. What we can’t abide is the extremely asymmetrical application of free-speech principles. For years these schools, [the University of Pennsylvania] prominently included, have actively suppressed ideas disagreeable to the progressive worldview of their administrations, faculties and hard-core student activists. Now that those groups are talking about wiping Israel off the map, these college presidents are wrapping themselves in the First Amendment….

Unacceptable is the current status quo of free speech for those chanting slogans that amount to “death to the Jews” but not for those committing alleged microaggressions against the politically favored.

That is precisely the problem I have with the UVa administration.

The day after Hamas terrorists slaughtered thousands of defenseless Israeli citizens and abducted hundreds more, the Students for Justice in Palestine at UVA were free to say the following [my bold]: Continue reading →

38 Comments

Posted in Civil Rights, Individual Liberties, Education (higher ed)

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Kalven Principles for UVa?

Posted on December 10, 2023 by | 27 comments

by James A. Bacon

Five years ago, University of Virginia President Jim Ryan took to the social media platform formerly known as Twitter to comment upon the horrific murder of 11 Jews in the Tree of Life synagogue in Pittsburgh by a white nationalist.

“This kind of hate and violence goes against everything this country should stand for, and for which the University of Virginia will always stand,” he tweeted. “It falls to all of us to do everything we can, not just to keep our community safe but to prevent hate and bigotry from taking root in the first place.”

Someone warned him at the time to be careful, Ryan recalled in remarks to the UVa Board of Visitors Friday. Once he started commenting on news headlines, it would be difficult to stop. There is always something happening around the world. If university presidents comment on one story, they are expected to comment on the next. And if they don’t, people read meaning into the silence.

Maybe it’s time to rethink the practice of making public pronouncements on events of the day, Ryan suggested. Maybe it’s time to consider adopting the Kalven principles, a set of principles articulated by the University of Chicago’s Kalven Committee that urged colleges and universities to maintain institutional neutrality on social and political issues. Continue reading →

27 Comments

Posted in Civil Rights, Individual Liberties, Education (higher ed)

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Proposed Reproductive Freedom Amendment Could Eliminate Limits

Posted on December 8, 2023 by | 31 comments

by Emilio Jaksetic

House Joint Resolution 1 (HJ 1) and Senate Joint Resolution 1 (SJ 1) have been prefiled for consideration of the Virginia General Assembly to propose an amendment to the Virginia Constitution captioned “Article I, Bill of Rights, Section 11-A. Fundamental right to reproductive freedom.” A copy of HJ 1 is available at here and a copy of SJ 1 is available here.

Virginians need to (1) carefully consider the danger that vague and undefined terms in the proposed constitutional amendment could be exploited to advance an agenda that extends far beyond just abortion rights; and (2) consider the need for an alternative proposed amendment that is compatible with compromises likely to be acceptable to a majority of Virginians. Continue reading →

31 Comments

Posted in Abortion, Feminism, Women's Rights, General Assembly

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Insufferable and Dangerous Nonsense in Academia – Antisemitism Sector

Posted on December 8, 2023 by | 149 comments

A rally on the steps of the University of Virginia Rotunda calls for a free Palestine amid the war in Israel on Thursday, Oct. 12. CAL CARY, THE DAILY PROGRESS

by James C. Sherlock

I read this morning in the latest issue of Chronicle of Higher Education a particularly smarmy article by a Keith E. Whittington.

He is, among other things, “professor of politics at Princeton University and founding chair of the Academic Committee of the Academic Freedom Alliance”.

Good to know.

He addressed in his article the Congressional hearing that put the presidents of Penn, Harvard and MIT on the hot seat for the unaddressed antisemitic turmoil on their campuses.

Other articles in the same issue called the hearings a disaster for the colleges.

“Since Hamas’s October 7 attack on Israel, administrators have struggled to respond. Many issued statements that faculty members, students, and others saw as tepid, while protests drove deep rifts into campus communities.”

Whittington’s was titled:

“Colleges Can Recommit to Free Speech or Double Down on Sensitivity – The congressional hearing on antisemitism presents a stark choice.”

He offered a false, self-serving choice of only two ways forward.

If President Ryan of UVa had joined the others in front of the committee, they could have gotten past statements to actions, and lack of them. Continue reading →

149 Comments

Posted in Civil Rights, Individual Liberties, Crime, Corrections and Law Enforcement, Culture wars, DEI, Education (higher ed)

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Daughter of Heroines

Posted on December 6, 2023 by | 28 comments

Roanoke College women’s swim team (front row) and supporters at press conference at Hotel Roanoke, Oct. 5. (photo/Scott Dreyer)

by Margot Heffernan

The year is 2023 but it feels as if the calendar has rolled back a hundred years for women and girls in Virginia, and just about anywhere else in the Western world. Hyperbolic? Over the top?

Sadly, no.

Each day women are censored, denigrated, and erased; called bigots for speaking biological fact; losing to men in female sports; redefined with terms like “chest feeders” and “uterus havers.” Violent male felons are routinely housed in women’s prisons in at least four states because they “identify” as women. And private female spaces are ceded to biological men in schools and other public places.

Virginia is a microcosm of the problem writ large. Remember the scandalous sexual assault of two Loudoun County girls over two years ago that were perpetrated by a male who gained access to girls’ restrooms. Recall the recent Roanoke College attempt to hijack the women’s swim team by allowing a man to join. Then, on September 27th, at a Turner Ashby High cheerleading event in Rockingham County, several males entered the female locker room without consent from the girls. Some cheerleaders felt compelled to change in the shower stalls or bathrooms of their female-only locker room. Continue reading →

28 Comments

Posted in Abortion, Feminism, Women's Rights, Children and Families, Civil Rights, Individual Liberties, Culture wars, Politics, Virginia history

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Williamsburg Street Festival Engages in Ugly Antisemitism

Posted on December 5, 2023 by | 40 comments

by Kerry Dougherty

A monthly street fair in Williamsburg is making national headlines for all the wrong reasons: over the weekend news broke that the organizers banned a rabbi from a menorah-lighting ceremony. Unless the rabbi would light the candles under a banner demanding a ceasefire in Israel, that is.

Which raises the question, what is WRONG with the organizers of 2nd Sunday Art and Music Festival in Williamsburg?

According to its website, 2nd Sundays are street celebrations held on the second Sunday of every month from March through December.

These fairs feature about 150 musicians, artisans and entertainers and until now appeared to steer clear of controversy.

Rabbi Mendy Heber of Chabad Williamsburg said he had already been a part of the festival, offering loaves of challah as a vendor, and that plans for the menorah lighting were suddenly scrapped last month.

The Daily Press reports:

According to Heber, the planning for the original event to be held Dec. 10 was well underway when organizers abruptly reversed course in November, informing him that they would not move forward.

“We had started the discussion and they showed extreme interest and excitement in moving forward with it” until they pulled back, he said. Continue reading →

40 Comments

Posted in Civil Rights, Individual Liberties, Culture wars

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Charlottesville, Its Public Schools and UVa – Part Three – CCS Abandons Truancy Filings, Absenteeism Soars

Posted on November 30, 2023 by | 132 comments

Courtesy of wallpaper.com

by James C. Sherlock

The effects of public policies can be murky.

Not this one.

The subject in this Part 3 is alarming chronic absenteeism of Charlottesville City Schools (CCS).  

At issue is the virtual abandonment by that division of the use truancy filings with the Juvenile and Domestic Relations Court, removing parental consequences.  

That change has been accompanied by enormous increases in absenteeism and everything, all bad, that comes with it.

The numbers are stark. Continue reading →

132 Comments

Posted in Attendance, Children and Families, Civil Rights, Individual Liberties, Courts and law, DEI, Discipline and Disorder, Education (K-12)

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Everyone Loves Free Speech… In Theory

Posted on November 30, 2023 by | 53 comments

Governor Glenn Youngkin at the higher-ed summit at the University of Virginia. Photo credit: The Daily Progress

by James A. Bacon

Governor Glenn Youngkin outlined yesterday his vision for colleges and universities in Virginia as bastions of free speech and intellectual diversity where people come together to devise solutions to society’s most pressing problems.

“How do we ask serious questions and foster informed debate so we can get to answers?” he asked in a pragmatic defense of free speech in a keynote speech at a statewide higher-ed conclave held at the University of Virginia. The answer was implicit in the title of the event: the Higher Education Summit on Free Speech and Intellectual Diversity.

The summit was attended by representatives, including many presidents, of every public university in Virginia and more than half of the state’s private higher-ed institutions. The end goal of the event, said Secretary of Education Aimee Guidera in introductory remarks, was for every institution to create an “action plan” to advance the goals of free speech and intellectual diversity.

Youngkin began laying the groundwork a year ago when he addressed the Council of Presidents and pushed them toward the same goals. The Council, comprised of Virginia college and university presidents, adopted a statement endorsing free speech and intellectual diversity in the abstract. But as discussions at Wednesday’s summit made clear, there is considerable gray area in applying free speech principles in the real world. The next step is to move beyond the expression of abstract principles to putting those principles into action. Continue reading →

53 Comments

Posted in Civil Rights, Individual Liberties, Education (higher ed)

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Charlottesville, Its Public Schools and UVa – Part One – Bad things Happen

Posted on November 27, 2023 by | 94 comments

Charlottesville neighborhoods.  Courtesy Charlottesville Low-Income Housing Coalition

by James C. Sherlock

In the relationship between Charlottesville and the University of Virginia, very bad things have happened to Charlottesville and continue to do so.

I have developed a working thesis on that relationship.

The city is at the mercy of the University by virtue of the latter’s wealth, influence, and power in Charlottesville elections.

It is, driven by University community voters, the bluest voting district in the Commonwealth.

Unfailingly progressive Charlottesville city council, school board and Commonwealth’s Attorney candidates are elected by the dominant votes of the University, its employees and its students.

Charlottesville City Schools (CCS) are to a large degree creatures of the University.

Many CCS teachers have their bachelors and/or advanced degrees from UVa’s School of Education and Human Development. Many University ed school students do their student teaching in Charlottesville.

Every progressive educational policy and virtually every experiment the University’s ed school can dream up are visited on those students.  The University’s ed school Research Centers and Labs find the proximity convenient and a pliant school board welcoming.

The University can’t bear to leave anything in CCS alone.

As Charlottesville High School faces the aftermath of rising rates of violence at the school and three canceled days of school due to alack of personnel, teachers at the University and other community groups have assisted in the school’s response. Faculty from the University’s School of Education and Human Development were present at development sessions with Charlottesville High School teachers aiming to address underlying issues….

“Dr. Stephanie Rowley, dean of the University’s Education School, said faculty from Education’s counselor education and educational psychology programs were particularly involved with the efforts because of the relevance of their expertise.”

There is no record of their being invited.

“Lack of personnel”.  The teachers walked out because of runaway violence.

The University “lent a hand”.

“In light of the University’s recent push to bolster its impact in Charlottesville, some members of the University who specialize in education attended the teacher work day meetings at Charlottesville High School.”

Seriously.  To “bolster (the University’s) impact in Charlottesville”.

For Black children in CCS schools, that influence, long-running and well-meaning though it has been, has turned out to have been a disaster unparalleled in the Commonwealth.

Continue reading →

94 Comments

Posted in Attendance, Children and Families, Civil Rights, Individual Liberties, Culture wars, DEI, Demographics, Discipline and Disorder, Education (higher ed), Education (K-12), Elections, Governance, Housing, Race and Race Relations, Teacher Education

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Democrats Introduce Gun-Grabbing Bill

Posted on November 27, 2023 by | 165 comments

from The Republican Standard 

Along with the attempt to codify abortion, there is another radical bill being proposed by Democrats in Virginia.

An assault-weapons ban has been filed by Fairfax-area Delegate Dan Helmer in the House and Charlotteville-area Senator Craig Deeds.

HB 2 seeks to “make it a Class 1 misdemeanor for anyone to import, sell, manufacture, purchase, possess, transport or transfer an assault firearm.”

The Bill’s text defines an assault weapons ban as “a semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material with anfixed magazine capacity in excess of 10 rounds.”

Helmer also carried a similar bill in the 2023 legislative session.

Republished with permission from The Republican Standard.

165 Comments

Posted in General Assembly, Gun rights

Virginia Dems Have a Razor-Thin Majority, Not a Mandate

Posted on November 24, 2023 by | 90 comments

by Kerry Dougherty

Gosh, it seems like it was just last month that Virginia Democrats accused Republicans of being too extreme on abortion and used that wedge issue to gain a slight edge in the General Assembly. (The GOP favors a reasonable 15-week limit, preventing the grisly practice of late-term abortions, except in cases of rape, incest or the life of the mother being in danger.)

Now Democrats have shown who the true extremists are. They’ve introduced a constitutional amendment that would guarantee abortion rights, with no restrictions.

Fooled again, Virginia.

After the 2023 elections, Democrats have majorities in both the House and Senate: 51-49 in the House and 21-19 in the Senate. The governor can’t veto a constitutional amendment, so look for all of the abortion enthusiasts in Richmond to merrily support this measure. It needs to pass the General Assembly in two consecutive years and then has to be approved by voters. So this guarantees the Dems will be pimping this issue for the next several years.

Sigh.

They’re just getting started with a slew of bills that they know Gov. Glenn Youngkin WILL veto. The Democrats simply want to get Republican members on the record with “no” votes so they can demagogue the issues in the campaigns. Continue reading →

90 Comments

Posted in Abortion, Feminism, Women's Rights, General Assembly, Politics