Category Archives: LGBQT

Libertarians Need Not Apply

By Peter Galuszka

The Virginia Republican Party had a big shock Saturday.

Far-right candidate Bob Good snatched the party’s nomination in the fifth congressional district from incumbent Denver Riggleman, who was backed by President Donald Trump and Jerry Falwell Jr., the head of Liberty University.

The remarkable twist could presage an arch-conservative backlash against Trump’s populism in the run up to elections this November.

University of Virginia political analyst Larry Sabato tweeted early Sunday morning that “the Virginia GOP has gone so far to the right that a congressman backed by (Trump and Falwell) isn’t conservative enough to renominate.”

The 5th District includes the cities of Lynchburg and Charlottesville and covers broad swaths of highly socially conservative rural areas. Riggleman’s problem was that he had Libertarian tendencies and had officiated at a gay wedding. Continue reading

The Real Danger with ANTIFA

By Peter Galuszka

Get ready. The names of all kinds of leftist organizations are going to be kicked around as the masterminds behind violent, cop-beating looters, especially the so-called ANTIFA movement in Virginia and across the country..

But what is reality? I don’t have clear answers but I have some ideas to share since I have been dealing with activist groups since I was in high school in the late 1960s. I hope they help this blog’s discussion.

First, there’s plenty of research available about ANTIFA and there are already plenty of reports about it. It is not a single group but a very loose collection of autonomous activist groups, most of which do not advocate violence. For reference, see yesterday’s Daily Beast piece with the blunt headline, “Trump’s ‘ANTIFA Threat Is Total Bullshit – And Totally Dangerous.”

That article and plenty of others note that ANTIFA, or whatever it is, has no clear chain of command and uses ultra-fast social media to alert other activists about rallies and protests but has no control over them. If you are thinking about the tightly-controlled and secretive Communist cells of the past century, you are not getting it. Continue reading

Why Northam Is Such An Important Governor

By Peter Galuszka

This is a bit like throwing chum at a school of sharks, but here is my latest in Style Weekly.

I wrote an assessment of Gov. Ralph Northam that is overall, quite positive. My take goes against much of the sentiment of other contributors on this blog.

They are entitled to their views but, to be honest, I find some of the essays shrill and not really fact based. If Northam wants to delay elective surgeries at hospitals for a week or so, some want to empanel a grand jury.

An acute care health facility in Henrico County becomes one of the most notorious hot spots for coronavirus deaths and it is immediately Northam’s fault even though the care center has had serious problems that long predated the governor’s term in office.

He’s a trained physician who served as an Army doctor in combat during the Iraq War yet he is vilified as being incompetent and incapable of understanding the COVID-19 pandemic.

It’s like the constant repetition of the “Sins of Hillary” on Breitbart and Fox News about emails and Benghazi.

Like him or not, Northam is bound to be one of the most consequential governors in Virginia history given the gigantic problem of the pandemic. He’s not a showboat salesman like Terry McAuliffe nor a smarmy, small-time crook like Robert F. McDonnell.

Anyway, here’s the piece.

Bacon Bits: In Non Gun-Related News…

In the Virginia political world, everyone’s attention is riveted today upon the gun-rights rally in Richmond. We are all hoping that everyone behaves himself and the event remains peaceful. But other things of interest are happening around the Commonwealth.

Washington Metro ridership back up. The years-long downward slide in Washington Metro ridership reversed itself in 2019, increasing 4% over the previous year — about 20,000 trips per weekday on average, according to the Washington Post. One possible explanation for the turn-around: People now can use their cell phones as fare cards. Also, Metro now offers a money-back guarantee that credits riders whenever a rush-hour trip is delayed more than 10 minutes. The greatest growth occurred in Saturdays and Sundays. Metrobus ridership continues its steep fall, down 2.5% last year. But it’s encouraging to see that the Metro, after years of effort to improve safety and on-time performance, may be pulling out of its slump.

Cherokees will have skin in the game. With the surge in proposals by Indian tribes to build casinos in Virginia, a central question I have been asking is what value the tribes are providing. Do they contribute anything beyond bartering their privileged status as a federally designated tribe? Are outside investors doing all the work and taking all the risk? Or do the tribes actually have skin in the game? Well, in the case of the Eastern Band of Cherokee Indians, which is proposing a resort and hotel in Bristol, it appears that the tribe is willing to invest $200 million of its own money. The Bristol Herald-Courier quotes tribe chief Richard Sneed: “Looking at the potential customer base and what the market would support, we’re estimating about a $200 million investment. The Eastern Band could come in covering the full cost of the investment as an owner operator.”

Well, there’s always home school. The culture wars in Loudoun County public schools are roiling around the appropriateness of LGBTQ literature in elementary school libraries and classrooms. Should public schools being legitimizing gay relationships and trans-sexual identity as early as elementary school (or at all)? Many parents, especially those of a fundamentalist Christian persuasion, object to books they consider “leftist propaganda” and “moral corruption”? Said one parent, according to the Washington Post: “They’ve removed everything with a Christian influence … and replaced it with smut and porn.” In a nation with irreconcilable value systems, this kind of conflict seems inevitable in public schools. Perhaps the best way to deal with the conflict is to let the majority’s values prevail (in this case, those who promote the LGBTQ agenda) while making it easier for those with minority views to opt out of the system, either through private school or home schooling.

— JAB

How to Cripple Small Business with One Easy Law

Stacking the deck

by Hans Bader

Anti-discrimination legislation under consideration by the Virginia state Senate would shrink the value of the state’s economy and fundamentally alter its business climate.

The “Virginia Values Act,” introduced by Sen. Adam Ebbin, D-Alexandria, would subject even small businesses to unlimited compensatory and punitive damages in discrimination lawsuits and order businesses to pay the lawyers’ bills of the workers, tenants, or customers who sue them. The bill also would let Virginia’s Attorney General sue businesses for a $50,000 fine. But if a business proves itself innocent, it would receive nothing under the Virginia Values Act — no reimbursement of its attorney fees.

The legislation is very one-sided. If the “Virginia Values Act” become law, many businesses will have a powerful incentive to pay off people who make even dubious accusations of discrimination. Having to put up with that injustice will discourage people from starting a business in the first  place. It will also discourage large companies for expanding into or relocating to Virginia, since plenty of other states don’t impose such onerous damages and fines on companies in discrimination cases.

The Virginia Values Act was introduced on January 8 as Senate Bill 868. It is more extreme than, but in some ways similar to, California’s Fair Employment and Housing Act (FEHA). That law also provides for unlimited compensatory and punitive damages in discrimination cases, and also forces the business to pay the attorney fees of a person who successfully sues it. Continue reading

Cultivating the Next Generation of Fragile Weaklings

by James A. Bacon

The painting of graffiti on Beta Bridge on Rugby Road is one of the great traditions of the University of Virginia. I still recall my first encounter with the bridge as a first-year student at the University in 1971. Someone from Washington & Lee had spray-painted the phrase, “Wahoos are Goobers.” The practice of bridge-painting is even more ancient and hoary than me, dating back to 1901. There are no rules governing the painting, much of which occurs in the dark of night. Your message lasts only as long it takes for the next guy to slap another layer over it. According to Wikipedia, the bridge is painted on average about five times weekly.

Messages on the bridge cause offense from time to time. But the prevailing philosophy is that the structure is a public forum where the only response to objectionable speech is more speech. As such, Beta Bridge is a fascinating window into the culture of the university community.

In the latest flapdoodle at UVa, the secret SABLE society had painted a message to raise awareness of the difficulties faced by black transgender women, who are murdered at rate roughly four times that of “cis” females. In big bold letters, the society painted the phrase, Protect Black Trans Women.” Then, to the distress of many, someone came along and spray painted over the message: “2A” and’ GUNS.” 2A presumably refers to the Second Amendment and is tied to the movement among counties and towns in Virginia to declare themselves Second Amendment sanctuaries.

The University administration’s response started out with an appropriate gesture to free speech: Said spokesperson Brian Coy in a statement: Continue reading

Good Conversion Therapy Vs. Bad Conversion Therapy

Jamie Shupe: gender conversion therapy didn’t work out so well.

We live in truly crazy times. Consider: Virginia’s Board of Psychology is reportedly days away from adopting a guidance document that would ban conversion therapy on minors. By “conversion therapy,” the board means the practice of trying to convert a person’s sexual orientation from gay to heterosexual.

In accordance with best practices established by professional organizations, reports The Virginia Mercury, practicing sexual-orientation conversion therapy on minors “could result in a finding of misconduct and disciplinary action.”

But a different kind of “conversion therapy” is increasingly OK among U.S. psychologists: changing the gender — not merely the sexual orientation, but the physical manifestations of sex — of minors through hormonal treatments and surgery. 

Elaine, the mother of a child born biologically female began identifying as a male, tells of her experience in the Daily Signal: Continue reading

Bacon Bits: Rails, Roads, Hurricanes and Rainbows

Still off the tracks. Despite promising efforts by top-level management, the Washington Metro corporate culture is still dysfunctional. An audit of $1.9 million in blanket purchase agreements found missing and incomplete documents, reports the Washington Times.

“Auditors found that Metro employees failed to record $845,000 as BPAs in their accounting software, a problem the inspector general attributed to poor controls and lack of staff training,” the newspaper reports. “As a result, $1.8 million of the $1.9 million sampled contained internal control issues.”

Long and winding road. Southwest Virginia’s twisty, windy roads have been long considered a barrier to economic development because they are so inhospitable to commercial trucking. But local promoters in Tazewell County have turned Route 16 into a tourist magnet. The road, dubbed “Back of the Dragon,” provides gut-wrenching turns and spectacular vistas. Last year an estimated 60,000 motorcycle and sports car enthusiasts passed through the nearby 4,240-person town of Tazewell.

Chris Cannon, executive director of Friends of Southwest Virginia, told the New York Times: “We focus on natural and cultural assets” rather than coal, tobacco and lumber. The region has a bluegrass heritage trail, a crafts collective, and outdoor activities like ATV, riding, hiking, mountain biking, and river running. “We as a region are trying to diversify.”

Resiliency reminder. Former Hurricane Michael was only a tropical storm by the time it barreled through Virginia, but it still caused havoc. Some 585,000 customers in Dominion Energy’s Virginia and North Carolina service territory lost their electric power. As of 7 a.m. Friday, nearly 450,000 still had lights out. reported Dominion in a press release this morning:

Early reports of damage include broken poles, cross arms and downed wire in many locations, as well as transmission lines impacted due to tree damage. There were multiple reports of tornadoes within our service territory. In Northern Neck, a tornado touched down and damaged a Dominion Energy substation.

I hope Dominion is keeping good numbers. Legislators and the public will want an after-action report, with a particular focus on the efficacy of the utility’s undergrounding program. How many underground lines experienced disruption compared to the number that would have been predicted before the lines were buried? How much time did Dominion’s repair teams save as a consequence, and how many customer-hours of electric outages were avoided?

Who’s got the brightest rainbow? The city of Richmond scored higher on the Municipal Equality Index, a scorecard measuring municipal policies regarding the LGBTQ community, than the People’s Republic of Arlington and the People’s Republic of Charlottesville — and Mayor Levar Stoney is darn proud of it. “I am delighted that Richmond is able to progress at this level,” said Stoney in a recent press release drawing attention to the ranking.

“Diversity and inclusion are … cornerstones for attracting and retaining residents, top talent, and industry,” wrote Richard Florida, author of “The Rise of the Creative Class,” in a letter published in the MEI study. “Cities that do not guarantee equal rights to LGBTQ send a strong unwelcoming message to potential visitors, residents, and investors, stymying their potential for economic advancement. In short, many businesses and top talent consider LGBTQ discrimination a deal breaker. … It pays to prioritize inclusion.”

Identity Politics Are So Extreme Now that Gays Look Old Fashioned and Conservative


For more than 20 years Godfrey’s restaurant and nightclub has been a prominent part of Richmond’s LGBTQ scene, hosting drag shows, creating a hospitable environment for young people with alternative sexual identities, and participating in charitable fund-raising events that transcend the LGBTQ community. As the restaurant website describes its mission: “RVA needs a space where young people can come together in an environment that is inclusive and safe regardless of their sexuality or gender identity. We hope Godfrey’s is that space.”

Despite its role in mainstreaming gay acceptance in the Richmond community, Godfrey’s recently ran afoul of LGBTQ militants at Virginia Commonwealth University. Now the controversy is spilling out beyond Godfrey’s and dividing LGBTQs along racial, generational, and gay/cisgender lines. Reports GayRVA:

Initially spurred by the debate over whether Godfrey’s could be considered a safe space for the LGBTQ community, the conversation has moved beyond any single venue. Members of the community have begun discussing local bar culture in general, and what a queer inclusive space could look like. Some don’t see any spaces in Richmond that fit the profile.

Some people describe the local LGBTQ bar scene as “anti-queer.” Numerous patrons of gay nightclubs cite “bad experiences” and “really traumatic stories.” A big problem: “predatory behavior” of cisgender males. Another issue: continuing evolution of politically correct terminology. For example, many older gays self-identify as “gay,” not “queer.” 

The issues erupted when two VCU student groups — Queer and Transgender People of Color Collective and Queer Action — launched a protest campaign against Godfrey’s. That campaign began with an open letter listing grievances against the restaurant, including:

  • Lack of gender-inclusive bathrooms;
  • people being policed for using the bathroom that aligns with their gender identity;
  • Excessive police force used against patrons;
  • Numerous anti-black incidents with drag performers, staff members, and police officers.

The letter writers demanded that Godfrey’s make bathrooms “gender inclusive,” reduce the presence of police officers, acknowledge the restaurant’s racism, educate staff on issues of “racial justice and trans inclusion,” and apologize publicly.

Godfrey’s owners did not respond well to either the allegations of discrimination or the manner in which the demands were posted publicly. Wrote management in a publicly posted response:

My business partner and I are particularly incensed because of everything that we had to endure as a gay men growing up in the 80’s. We have been personally attacked and our lives threatened and almost every other person at our business has experienced real discrimination in some form or another.  So no, we are not going to bend to you or your groups’ demands because we haven’t done anything to warrant such an action.

As for escorting people out of the nightclub, well… people misbehave and the restaurant evicts disruptive people. Said Godfrey’s staffer Eric S. Kelsey in an interview with GayRVA:

Just this past weekend. I saw two individuals, two white straight males, escorted out by security because they’d snuck liquor into the bar. I’ve seen people from all walks of life in my time there. If they are breaking rules, they are being violent, they are disturbing patrons, they are being destructive, they are too drunk to even function, they are going to be taken out of the bar. And that I think is fair to ask of any establishment. Your main goal is to make sure no one is breaking ABC laws, because if we don’t do anything about it, ABC could come in and shut us down. If somebody’s acting violent, they have to go, it doesn’t matter who they are.

Bacon’s bottom line: As 65-year-old heterosexual Southern white male fitting just about every negative stereotype in the Left’s catechism of intersectionality, my opinion means nothing to the protesters. But I’m offering it anyway. For what it’s worth, I’m a live-and-let-live libertarian. I really don’t care what LGBTQs as long as they don’t infringe upon my right to do what I want to do. The gays I know (most of whom, admittedly, are of the older generation) blend into the community. No one cares that they’re gay, and they don’t waste their lives nursing grievances.

It is a disturbing sign of the times that the ideology of alienation has gotten so extreme that members of VCU’s LGBTQ community would target Godfrey’s, of all places. That’s par for the course, though, for campus leftists who cherish their victimhood and turn upon allies who don’t meet their standards of ideological purity. Some people live in a state of perpetual outrage and always find reasons to justify their never-dying anger. They can never be mollified. But their intolerance wins them no friends and generates no sympathy. In this dispute, Godfrey’s comes across as a law-abiding member of the establishment willing to enforce norms of respectable behavior. They may not want me, but I’m with them.

Beware the Cultural Totalitarians

Brad Avakian, closet totalitarian

Brad Avakian, Oregon’s closet totalitarian

by James A. Bacon

Among my less useful accomplishments in life, I earned a Masters degree in African history at the Johns Hopkins University, an interdisciplinary program merging history and anthropology. Among the few useful perspectives I gained was an appreciation of the extraordinary plasticity of family forms throughout history and across the world. There are patrilineal societies (which are organized around the father’s kinship group) and matrilineal societies (organized around the mother’s). There are patrilocal societies (in which the wife moves in with the husband’s family), matrilocal societies (the husband moves in with the wife’s family), avunculocal societies (newlyweds move into the residence of the wife’s uncle) and neolocal societies (in which the newly married set up their own abode).

Don’t even get me started about polygamy (marriage between a man and multiple women) and polyandry (one wife, more than one husband). You get the idea. The traditional American family in which couples trace descent through the parents of both spouses and form their own residence is far from universal, and it is hardly the only form of marriage that is capable of raising children to become productive members of society. That’s why, as much as I revere my cultural heritage of marriage between a man and a woman, I don’t see gay marriage as leading to social disintegration. If you fear social disintegration, a far bigger threat is the American welfare state, which has substituted the nexus of government entitlements for the bonds uniting man and woman.

Unlike my conservative peers, I don’t get exercised about gay marriage, at least if it evolves organically from changes in social norms as played out in the legislative process. I do have a problem with gay marriage being imposed nationally by judicial decree by five Supreme Court justices. And I have a huge problem in which the proponents of gay marriage harness the power of government to squelch those who fail to truckle to the new orthodoxy. The political Left has a totalitarian instinct that is a far greater threat to the American way of life than gay marriage ever will be.

Emboldened by their success in legalizing gay marriage, the American Left has moved way beyond the proposition of equal rights for gays. Progressives are moving to impose their views on dissenters, including those who, for reasons of religious conviction, decline to provide floral, catering or other services to gay weddings.

The latest case in point comes from Oregon. According to the Daily Signal, a publication of the conservative Heritage Foundation, Oregon Labor Commissioner Brad Avakian finalized a preliminary ruling ordering Aaron and Melissa Klein to pay $135,000 in emotional damages to a gay couple. Their crime: refusing to make a same-sex wedding cake. His justification: “This case … is about a business’s refusal to serve someone because of their sexual orientation. Under Oregon law, that is illegal.” Moreover:

In the ruling, Avakian placed an effective gag order on the Kleins, ordering them to “cease and desist” from speaking publicly about not wanting to bake cakes for same-sex weddings based on their Christian beliefs. …

“The Commissioner of the Bureau of Labor and Industries hereby orders [Aaron and Melissa Klein] to cease and desist from publishing, circulating, issuing or displaying, or causing to be published … any communication to the effect that any of the accommodations … will be refused, withheld from or denied to, or that any discrimination be made against, any person on account of their sexual orientation,” Avakian wrote.

Lawyers for plaintiffs, Rachel and Laurel Bowman-Cryer, argued that in making this statement, the Kleins violated an Oregon law banning people from acting on behalf of a place of public accommodation (in this case, the place would be the Kleins’ former bakery) to communicate anything to the effect that the place of public accommodation would discriminate.

Thus, gay rights trump freedom of religion and freedom of speech. Avakian’s action is a national outlier now. But I fear it will become the norm. Many progressives, like Avakian, are closet totalitarians. They will not be satisfied simply to allow gays to marry — they will not rest until dissenting views are driven underground.

Could such a thing happen in Virginia? I hope not. But I can tell you this: While I support gay marriage, I will oppose with every fiber of my being any effort to extinguish the freedoms of religion and speech of Americans who oppose it.

Dave Brat’s Bizarre Statements

 By Peter Galuszka

Almost a year ago, Dave Brat, an obscure economics professor at Randolph- Macon College, made national headlines when he defeated Eric Cantor, the powerful House Majority Leader, in the 7th District Brat Republican primary.

Brat’s victory was regarded as a sensation since it showed how the GOP was splintered between Main Street traditionalists such as Cantor and radically conservative, Tea Party favorites such as Brat. His ascendance has fueled the polarization that has seized national politics and prevented much from being accomplished in Congress.

So, nearly a year later, what has Brat actually done? From reading headlines, not much, except for making a number of bizarre and often false statements.
A few examples:

  • When the House Education and Workforce Committee was working on reauthorizing a law that spends about $14 billion to teach low-income students, Brat said such funding may not be necessary because: “Socrates trained Plato in on a rock and the Plato trained Aristotle roughly speaking on a rock. So, huge funding is not necessary to achieve the greatest minds and the greatest intellects in history.”
  • Brat says that the Affordable Care Act (Obamacare) is a step towards making the country be more like North Korea. He compares North and South Korea this way:  “. . . it’s the same culture, it’s the same people, look at a map at night, half the, one of the countries is not lit, there’s no lights, and the bottom free-market country, all Koreans is lit up. See you make your bet on which country you want to be, right? You want to go to the free market.” One problem with his argument:  Free market South Korea has had a single payer, government-subsidized health care system for 40 years. The conservative blog, BearingDrift, called him out on that one.
  • Politifact, the journalism group that tests the veracity of politicians’ statements, has been very busy with Brat. They have rated as “false” or “mostly false” such statements that repealing Obamacare would save the nation more than $3 trillion and that President Obama has issued 468,500 pages of regulations in the Federal Register. In the former case, Brat’s team used an old government report that estimated mandatory federal spending provisions for the ACA. In the latter case, Politifact found that there were actually more pages issued than Brat said, but they were not all regulations. They included notices about agency meetings and public comment periods. What’s more, during a comparable period under former President George W. Bush, the Federal Register had 465,948 pages, Politifact found. There were some cases, however, where Politifact verified what Brat said.
  • Last fall, after Obama issued an executive order that would protect up to five million undocumented aliens from arrest and deportation, Brat vowed that “not one thin dime” of public money should go to support Obama’s plan. He vowed to defund U.S. Citizen and Immigration Services but then was told he couldn’t do so because the agency was self-funded by fees from immigration applications. He then said he would examine how it spent its money.

The odd thing about Brat is that he has a doctorate in economics and has been a professor. Why is he making such bizarre, misleading and downright false statements?

Beware Stalling Growth in Northern Virginia

northern virginia mapBy Peter Galuszka

For at least a half a century, Fairfax County, Alexandria and Arlington County have been a growth engine that that has reshaped how things are in the Greater Washington area as well as the Old Dominion.

But now, apparently for the first time ever, these Northern Virginia localities have stopped growing, according to an intriguing article in The Washington Post.

In 2013, the county saw 4,673 arrivals but in 2014 saw 7,518 departures. For the same time period, Alexandria saw 493 arrivals and then 887 departures. Arlington County showed 2,004 arrivals in 2013 followed by 1,520 departures last year.

The chief reason appears to be sequestration and the reduction of federal spending. According to a George Mason University study, federal spending in the area was $11 billion less  last year than in 2010. From 2013 to 2014, the area lost 10,800 federal jobs and more private sectors ones that worked on government contracts. Many of the cuts are in defense which is being squeezed after the wars in Afghanistan and Iraq.

The most dramatic cuts appear to be in Fairfax which saw a huge burst of growth in 1970 when it had 450,000 people but has been slowing for the most part ever since. It still grew to 1.14 million people, but the negative growth last year is a vitally important trend.

Another reason for the drop offs is that residents are tired of the high cost and transit frustrations that living in Northern Virginia brings.

To be sure, Loudoun County still grew from 2013 to 2014, but the growth slowed last year from 8,904 newcomers in 2013 to 8,021 last year.

My takeaways are these:

  • The slowing growth in NOVA will likely put the brakes on Virginia’s move from being a “red” to a “blue” state. In 2010, Fairfax had become more diverse and older, with the county’s racial and ethnic minority population growing by 43 percent. This has been part of the reason why Virginia went for Barack Obama in the last two elections and has Democrats in the U.S. Senate and as governor. Will this trend change?
  • Economically, this is bad news for the rest of Virginia since NOVA is the economic engine for the state and pumps in plenty of tax revenues that end up being used in other regions. Usually, when people talk about Virginia out-migration, they mean people moving from the declining furniture and tobacco areas of Southside or the southwestern coalfields.
  • A shift in land use patterns and development is inevitable. The continued strong growth of an outer county like Loudoun suggests that suburban and exurban land use patterns, many of them wasteful, will continue there. The danger is that inner localities such as Fairfax, Arlington and Alexandria, will be stuck with more lower-income residents and deteriorating neighborhoods. The result will be that localities won’t have as much tax money to pay for better roads, schools and other services.
  • Virginia Republicans pay lip service to the evils of government spending and have championed sequestration. Well, look what a fine mess they have gotten us into.

The rest of the Washington area is seeing slowing growth, but appears to be better off. The District’s in-migration was cut in half from 2013 to 2014 but it is still on the plus side. Ditto Montgomery and Prince George’s Counties.

NOVA has benefited enormously from both federal spending and the rise of telecommunications and Web-based businesses. It is uncertain where federal spending might go and maybe increased private sector investment could mitigate the decline. Another bad sign came in 2012 when ExxonMobil announced it was moving its headquarters from Fairfax to Houston.

In any event, this is very bad news for NOVA.

Amateur Hour at the General Assembly

virginia_state_capitol502By Peter Galuszka

If you are an ordinary Virginian with deep concerns about how the General Assembly passes laws that impact you greatly, you are pretty much out of luck.

That’s the conclusion of a study by Transparency Virginia, an informal coalition of non-profit public interest groups in a report released this week. Their findings  came after members studied how the 2015 General Assembly operated.

Among their points:

  • Notice of committee hearings was so short in some instances that public participation was nearly impossible.
  • Scores of bills were never given hearings.
  • In the House of Delegates, committees and subcommittees did not bother to record votes on 76 percent of the bills they killed.

“Despite a House rule that all bills shall be considered, not all are. Despite a Senate rule that recorded votes are required, not all are,” states the 21-page report, whose main author is Megan Rhyne, executive director of the Virginia Coalition for Open Government. Transparency Virginia is made up of 30 groups, including the American Civil Liberties Union, NARAL Pro-Choice Virginia, the the Virginia Education Association and the League of Women Voters in Virginia.

The scathing report underscores just how amateurish the General Assembly can be. It only meets for only 45 days in odd-numbered years and 60 days in even-numbered years. The pay is pin money. Delegates make only $17,640 a year and senators earn $18,000 annually.

It is not surprising then that a part-time group of 100 delegates and 40 senators can’t seem to handle their 101 committees and subcommittees that determine whether the consideration of thousands bills proceeds fairly and efficiently.

“A Senate committee chair did not take comment on any bills on the agenda except for the testimony from the guests of two senators who were presenting bills,” the report states. In other cases, legislators were criticized by colleagues for having too many witnesses. Some cut off ongoing debate by motioning to table bills. Bills were “left in committee” never to be considered.

The Virginia Freedom of Information Act requires that open public meetings be announced three working days in advance. A General Assembly session is considered one, long open session. But the FOIA is often subverted by sly legislators who manipulate the agendas of committees or subcommittees or general sessions.

Agendas of the General Assembly are not covered by the FOIA because there is too much work to cram in 45 or 60 days. In the case of local and state governments, similar meetings are, presumably because they meet more regularly. House and Senate rules do not stipulate how much notice needs to be given before a committee or subcommittee session. So, crucial meetings that could kill a bill are sometimes announced suddenly.

The setup favors professional lobbyists who stand guard in the Capitol ready to swoop in to give testimony and peddle influence, alerted by such tools as “Lobbyist-in-a-Box” that tracks the status of bills as they proceed through the legislature. When something important is up, their beepers go off while non-lobbyist citizens with serious interests in bills may be hours away by car.

The report states: “While most of Virginia’s lobbyists and advocates are never more than a few minutes from the statehouse halls, citizens and groups without an advocacy presence may need to travel long distances.” Some may need to reschedule work or family obligations, yet they may get only two hours’ notice of an important meeting. That’s not enough time if they live more than a two-hour drive from Richmond.

The report didn’t address ethics, but this system it portrays obviously favors lobbyists who benefit from Virginia’s historically light-touch approach when it comes to limited gifts. That issue will be addressed today when the General Assembly meets to consider Gov. Terry McAuliffe’s insistence that a new ethics bill address the problem of allowing consecutive gifts of less than $100 to delegates or senators.

The only long-term solution is for Virginia to consider creating a legislature that works for longer periods, is better paid, more professional and must adhere to tighter rules on bill passage. True, some 24 states have a system somewhat like Virginia and only New York, Pennsylvania and California have truly professional legislatures.

The current system was created back in Virginia was more rural and less sophisticated. But it has grown tremendously in population and importance. It’s a travesty that Virginia is stuck with amateur hour when it comes to considering legislation crucial to its citizens’ well-being.

A New, Improved Ken Cuccinelli?

ken-cuccinelliBy Peter Galuszka

Is one-time conservative firebrand Ken Cuccinelli undergoing a makeover?

The hard line former Virginia attorney general who lost a bitter gubernatorial race to Terry McAuliffe in 2013 is now helping run an oyster farm and sounding warning alarms about a rising police state.

This is remarkable switch from the man who battled a climatologist in court over global warming; tried to prevent children of illegal immigrants born in this country from getting automatic citizenship; schemed to shut down legal abortion clinics; tried to keep legal protection away from state gay employees; and wanted to arm Medicaid investigators with handguns.

Yet on March 31, Cuccinelli was the co-author with Claire Guthrie Gastanaga, executive director of the American Civil Liberties Union of Virginia of an opinion column in the Richmond Times Dispatch. Their piece pushes bipartisan bills passed by the General Assembly that would limit the use of drones and electronic devices to read and record car license plate numbers called license plate readers or LPRs.

Cuccinelli and Gastanaga say that McAuliffe may amend the bills in ways that would expand police powers instead of protect privacy. “The governor’s proposed amendments to the LPR bills gut privacy protections secured by the legislation,” they write. The governor’s amendments would extend the time police could keep data collected from surveillance devices and let police collect and save crime-related data from drones used during flights that don’t involve law enforcement, they claim.

When not protecting Virginians from Big Brother, Cuccinelli’s been busy oyster farming. He has helped start a farm for the tasty mollusks on the historic Chesapeake Bay island of Tangier. According to an article in The Washington Post, Cuccinelli got involved when he was practicing law in Prince William County after he left office.

He would visit the business and get roped into working at odd jobs. He apparently enjoyed the physical labor and the idea that oysters are entirely self-sustaining and help cleanse bay water.

Environmentalists scoff at the idea, noting that as attorney general, Cuccinelli spent several years investigating Michael Mann, a former University of Virginia climatologist who noted that humans were responsible for the generation of more carbon dioxide emissions and that has brought on climate change.

Some have pointed out that if Cuccinelli had had his way, he would have helped quash climate science, generated even more global warming and sped up the inundation of Tangier Island by rising water levels.

It will be interesting to see if Cuccinelli intends to rebrand himself for future political campaigns and how he tries to reinvent himself.

Cruz, “Liberty” and Teletubbies

AP CRUZ A USA VA By Peter Galuszka

Where’s the “Liberty” in Liberty University?

The Christian school founded by the controversial televangelist Jerry Falwell required students under threat of a $10 “fine” and other punishments to attend a “convocation” Monday where hard-right U.S. Sen. Ted Cruz announced his candidacy for president.

Thus, Liberty produced a throng of people, some 10,000 strong, to cheer on Cruz who wants to throttle Obamacare, gay marriage, abolish the Internal Revenue Service and blunt immigration reform.

Some students stood up to the school for forcing them to become political props. Some wore T-Shirts proclaiming their support of libertarian Rand Paul while others protested the university’s coercion. “I just think it’s unfair. I wouldn’t say it’s dishonest, but it’s approaching dishonesty,” Titus Folks, a Liberty student, told reporters.

University officials, including Jerry Falwell, the son of the late founder, claim they have the right as a private institution to require students to attend “convocations” when they say so. But it doesn’t give them the power to take away the political rights of individual students not to be human displays  in a big and perhaps false show.

There’s another odd issue here. While Liberty obviously supports hard right Tea Party types, the traditional Republican Party in the state is struggling financially.

Russ Moulton, a GOP activist who helped Dave Brat unseat House Majority Leader Eric Cantor in a primary last summer, has emailed party members begging them to come up with $30,000 to help the cash-strapped state party.

GOP party officials downplay the money problem, but it is abundantly clear that the struggles among Virginia Republicans are as stressed out as ever. Brat won in part because he cast himself as a Tea Party favorite painting Cantor as toady for big money interests. The upset drew national attention.

Liberty University has grown from a collection of mobile homes to a successful school, but it always has had the deal with the shadow of its founder. The Rev. Falwell gained notoriety over the years for putting segregationists on his television show and opposing gay rights, going so far as to claim that “Teletubbies,” a cartoon production for young children, covertly backed homosexual role models.

Years ago, the Richmond Times-Dispatch published a story showing that the Rev. Falwell took liberties in promoting the school he founded in 1971. Brochures touting the school pictured a downtown Lynchburg bank building with the bank’s logo airbrushed off. This gave the impression that Liberty was thriving with stately miniature skyscrapers for its campus.

Some observers have noted that Liberty might be an appropriate place for the outspoken Cruz to launch his campaign. The setting tends to blunt the fact that he’s the product of an Ivy League education – something that might not go down too well with Tea Party types – and that he was actually born in Canada, although there is no question about his U.S. citizenship and eligibility to run for question.

Hard-line conservatives have questioned the eligibility of Barack Obama to run for U.S. president although he is likewise qualified.

With Cruz in the ring and Liberty cheering him, it will make for an interesting campaign.