Feb 15, 2008  |  By: CHRIS JOHNSON  | COMMENTS     

Gay rights advocates in Virginia tasted success when the House of Delegates approved a medical registry bill Tuesday, but encountered defeat after a number of other bills went up in flames.

The House passed the medical registry legislation, House Bill 805, by a vote of 95-4. The bill, sponsored by Del. David Englin (D-Alexandria), would set up a state registry for living wills and advanced medical directives.

The documents would express an individual’s wishes in advance regarding medical treatment in case the individual was incapacitated. Those in same-sex relationships could designate their partner as the person who would make medical decisions on their behalf.

Englin said he is pleased that the House approved the legislation “with such strong bipartisan support.”

Four Republicans voted against the legislation: Kathy Byron (R-Campbell County), Clarke Hogan (R-South Boston), Bill Janis (R-Glen Allen) and Sam Nixon (R-Chesterfield).

A spokesperson from Byron’s office, speaking on the condition of anonymity, said Byron voted against the bill because “she doesn’t think that the Department of Health should be regulating this or adding another responsibility to its already pretty big plate.”

The spokesperson said Byron’s biggest concern was that users would have to remember a pass code to access the registry.

The committees that read the legislation made changes before the bill came to the House floor. The Health, Welfare and Institutions Committee approved a substitute mandating that Virginia send annual notices to people who filed directives to remind them that such documents are in place.

Also, the substitute changes the fees for filing a directive. The original bill called for a $10 fee for filing a document, but the substitute bill leaves the decision of the fee amount to a regulatory board.
On Feb. 8, the Appropriations Committee approved another substitute that would allow the Health Department to solicit federal or private funds to maintain the registry.

After approving the bill, the House sent it to the Senate, where it awaits evaluation. The Senate already approved on Jan. 29 an almost identical piece of legislation, Senate Bill 290, sponsored by Sen. George Barker (D-Fairfax).

Other legislation failed to meet the approval of legislators. A Counties, Cities and Towns subcommittee voted on Feb. 6 to pass by indefinitely on a bill that would have allowed Fairfax County to add sexual orientation to Human Rights Ordinance concerning hiring practices, which is applicable to both public and private employers.

The subcommittee decision to pass by indefinitely on the bill, H.B. 675, means that the body will not look at it again for the remainder of the legislative session. Del. Charles Poindexter (R-Franklin County) offered the motion, which was approved with four Republicans voting “yes” and two Democrats voting “no.”

Del. Ken Plum (D-Fairfax), the sponsor of the bill, said he had introduced the legislation about a half-dozen times before.

“I keep hoping we’re going to make progress because certainly I think the progress has been in the general public,” Plum said.

The Virginia Family Foundation and the Virginia Catholic Conference testified against the bill before the subcommittee.

Jeff Caruso, executive director of the Catholic Conference, said his organization “opposes unjust discrimination of any individual,” but also said “there’s a just and necessary distinction to be made between a marital relationship on the one hand and other forms of voluntary relationships on the other.”

The Catholic Conference is the representative of the two Catholic dioceses in Virginia on public policy matters. Caruso said the bill would have interfered with how the dioceses run their schools.

Caruso said if a Virginia Catholic school discovered that a teacher “was living with a same-sex partner, then that would be something that really wouldn’t be in synch with the values of the employing institution.”

“The schools should be free to make decisions that are in accord with their own values and their own mission,” he said.

Another bill sponsored by gay legislator Del. Adam Ebbin (D-Alexandria) failed in subcommittee Feb. 7. The bill, H.B. 865, would have allowed private employers to extend life insurance policies to same-sex partners.

A Commerce and Labor subcommittee made a motion to report the bill favorably. Four Democrats and one Republican voted in favor of the bill, but six Republicans voted against the bill.

Ebbin said he was disappointed the bill failed despite support from the insurance industry.

“It was clear that the bill was permissive — it wouldn’t ...