Jan 06, 2006  |  By: ELIZABETH WEILL-GREENBERG  | COMMENTS     

Despite 2005 election results that some say indicate Virginia voters are tired of anti-gay politics, the coming legislative session will likely see its fair share of measures backed by social conservatives, including those seeking to further limit the rights of gay residents.

In November, some of Virginia’s most strident social conservatives lost their Assembly seats. In addition to the defeat of state Attorney General Jerry Kilgore (R) for governor, delegates Dick Black (R-Loudoun County) and Brad Marrs (R-Chesterfield County) also failed to convince voters to return them to Richmond.

Marrs distributed a campaign letter criticizing his opponent for accepting a donation from a gay businessman, and Black introduced a failed bill in the 2005 session to ban gay couples from adopting children. Black also co-authored the Marriage Affirmation Act in 2004.

“While the last election should be used as a warning signal to work on everyday issues that concern the broadest cross-section [of Virginians], we have to see if they accept that message, or if they want to continue to take a combative approach,” said Del. Adam Ebbin (D-Alexandria), the General Assembly’s only openly gay member.

Battle lines being drawn

But those election results are unlikely to deter legislators from resurrecting some of last year’s bitter battles. Del. Bob Marshall (R-Prince William), co-author of the Marriage Affirmation Act, recently told the Associated Press, “I got elected — why the hell should I back off?”

“Some of those people are stuck on controlling other people’s lives,” said Toni-Michelle C. Travis, associate professor of government and politics at George Mason University. “Simultaneously, Gov.-elect [Tim] Kaine will try to focus the General Assembly on policy issues such as transportation, education, the broader issues.”

A spokesperson for Kaine confirmed those were his priorities.

“We only have a very limited number of days to get things accomplished,” said Delacey Skinner, Kaine’s spokesperson. The governor, she said, will “stay very focused on his legislative agenda.”

Marriage, adoption, GSAs

But some worry that hot-button social issues will continue to dominate the legislative calendar and distract Virginia’s General Assembly. Gay rights activists say this year will be about fighting anti-gay bills, leaving little time for other initiatives.

“The session is primarily going to be defensive,” said Dyana Mason, executive director of Equality Virginia. “A number of General Assembly members seem interested in restricting the rights of Virginia’s gay and lesbian population.”

Mason said she expects another round in the marriage amendment fight, as well as more proposals to restrict the right of gays to adopt children and efforts to ban Gay-Straight Alliances in schools.

Sex education also is on the General Assembly’s radar. Del. L. Scott Lingamfelter (R-Prince William), an avid opponent of opening civil marriage to gays, has filed a bill to emphasize abstinence education in school curriculum, according to the Virginia government website. The bill states that family life classes that include mentions of sex must “emphasize that abstinence is the accepted norm and the only guarantee against unwanted pregnancy.”

The bill also requires that family life courses include materials that emphasize honor and respect for monogamous heterosexual marriage; provide information on the transmission of sexually transmitted diseases; inform students on laws addressing … the unlawfulness of sexual relations between unmarried persons.”

Executive order targeted

Conservative groups also have vowed to challenge the executive order issued by outgoing Gov. Mark Warner, a Democrat, which added sexual orientation to the state’s ban on employment discrimination against public employees.

Warner added the language to the budget bill, which, if approved, has the force of law. Kaine said he also would sign the order once he takes office.

“Let’s be clear: this is not about hiring discrimination,” Family Foundation executive director Victoria Cobb said in a statement. “This is an act that elevates homosexuality to a protected class and is yet another endorsement of that lifestyle by our government.”

The Family Foundation is asking members to contact their representatives to challenge the Executive Order. The group also plans to work to pass the constitutional amendment that would ban same-sex marriage. The Family Foundation has scheduled a marriage lobby day for Jan. 16.

The Family Foundation was not available for comment.

Gay rights advocates should focus on refining the language in the marriage amendment, said Josh Israel, president of the Virginia Partisans Gay & Lesbian Democratic Club.

Virginia legislators must approve the marriage amendment one more time before it can be put to voters in November. The amendment language is so vague that it could eliminate many rights besides marriage, he said.

“Most of the legislators are not trying to take away ...