Nov 04, 2005  |  By: ELIZABETH WEILL-GREENBERG  | COMMENTS     

Several of Virginia’s most anti-gay politicians are facing robust challenges in next week’s election and gay rights advocates in the state expressed relief that gay issues were not widely used as a wedge this year.

“Voters are tired of the focus the General Assembly has on social issues,” said Dyana Mason, Equality Virginia’s executive director. “People recognize that there are more important things to worry about.”

“Bread and butter” issues, like education, transportation and quality of life are most important to Virginia’s voters, said Mark Rozell, a professor of public policy at George Mason University.

Both Democrats and Republicans played down gay rights issues this election season so as not to lose middle-of-the-road voters, he said.

“Each side wants to mobilize their base voters, but neither wants to do it in a way that alienates the middle electorate,” he said.

While gay rights issues may not have factored prominently in Virginia’s local and statewide campaigns, those elected will likely help set the tone for or against gay rights in next year’s legislature. Mason said Virginia can expect the second round of the marriage amendment fight, which passed the Senate and Assembly last year. Before it can go to a voter referendum, both houses have to approve it again.

The last legislative session saw the defeat of several anti-gay measures, including a ban on gay adoption and Gay-Straight Alliances in public schools.

“It’s going to be another tough year,” Mason said.

Where they stand

Gubernatorial candidate Jerry Kilgore (R) has criticized the Supreme Court’s decision in Lawrence vs. Texas and supported the Marriage Affirmation Act, which bars gay couples in Virginia from forming contracts that resemble marriage rights.

“Any ground we have gained in the past four years we stand to lose in the Kilgore administration,” warned Josh Israel, president of the Virginia Partisans Gay & Lesbian Democratic Club.

Kilgore received national attention when he hired the controversial Scott Howell as a media strategist. Howell ran the 2002 Georgia campaign that was criticized for its portrayal of U.S. Senator Max Cleland as unpatriotic. Cleland lost three limbs in the Vietnam War.

As state attorney general, Kilgore said the Fairfax School Board did not have the authority to include sexual orientation discrimination in its non-discrimination policy, according to Equality Virginia.

His opponent, Tim Kaine (D), supports including sexual orientation in Virginia’s employment non-discrimination legislation and opposed the Marriage Affirmation Act. However, he supports a constitutional amendment banning same-sex marriage and opposes civil unions.

Kaine also supports Virginia’s current adoption law, which allows single people and married couples to adopt, according to Delacey Skinner of the Kaine campaign. Some gay rights activists have criticized his position on adoption as confusing.

State Senator Russell Potts (R-Winchester), an independent gubernatorial candidate, voted to repeal the state sodomy law in 2005 and supports adoption rights for gays. However, he also voted in favor of the marriage amendment.

Another closely watched statewide race is for attorney general.

Republican Bob McDonnell, an Assembly delegate from Virginia Beach, argued in 2003 to block the reappointment of Circuit Court Judge Verbena Askew of Newport News, claiming that her perceived sexual orientation meant she violated the state’s “crimes against nature law.” The Virginia Family Foundation, a social conservative group in Virginia, supports McDonnell.

McDonnell voted for the Virginia marriage amendment and a resolution urging Congress to pass a Federal Marriage Amendment, according to Equality Virginia. He also has not signed Equality Virginia’s employment non-discrimination pledge. McDonnell voted against a law to allow private companies to offer domestic partner health insurance, something his opponent supported. McDonnell also supported the failed anti-gay adoption bill.

According to the Virginia Public Access Project, a campaign finance tracking organization, McDonnell received $36,000 from Pat Robertson, the founder of the Christian Broadcasting Network.

The Democratic challenger, Sen. Creigh Deeds (D-Bath), also voted in favor of the marriage amendment but voted against the final version of the Marriage Affirmation bill. Unlike McDonnell, Deeds signed Equality Virginia’s employment non-discrimination pledge.

‘Right-wing nut case’

Some of the most vocally anti-gay state representatives are facing viable challenges this year. Del. Dick Black (R-Loudoun), co-author of the 2004 Marriage Affirmation Act, is running for re-election in the 32nd District.

“[Black] is quite possibly the most anti-gay, anti-choice, right-wing nut case in any state legislature in the country,” Israel said. “The race is very close and if Poisson wins I think that it will send a very loud signal to Virginia Republicans that they’re not going to win on division and demagoguery.”

Earlier this year, Black introduced a bill that would have prevented gay Virginians ...