ThinkProgress Logo

Stories tagged with “Bob Marshall

Politics

Virginia Advances ‘Gangbanger Bill of Rights’ To Withhold Gun Crime Evidence From Federal Government

Virginia Del. Bob Marshall (R)

A Virginia House of Delegates committee endorsed a controversial bill Friday that would prevent any state or local government entity from providing information about gun crimes based on any federal law enacted after 2012. If enacted, the bill could prevent local police from sharing records with the Federal Bureau of Investigations.

The bill, authored by arch-conservative Delegate Bob Marshall (R-VA), aims to:

Prevent any agency, political subdivision, or employee of Virginia from assisting the Federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or Executive Order or regulation issued, after December 31, 2012, infringing the individual Right to Keep and Bear Arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.

On a party-lines 15-7 vote Friday, the Republican majority on the Committee on Militia, Police and Public Safety sent the bill to the full House.

Virginia blogger Ben Tribbett called the bill a “Gangbanger Bill of Rights,” noting that it could impede an FBI investigation of evidence found at a crime scene that involved a gun clip or assault weapon banned in future legislation and could prevent Virginia police from testifying in federal court cases.

The bill has the strong support of the Virginia Citizens Defense League, which notes that the bill “bill prohibits state agencies, local governments, or employees thereof from assisting the federal government in any searches, seizsures [sic] related to firearms, ammunition, or magazines. Also any federal attempt to create a private sale background check requirement will be treated likewise.” The group proudly displays on its website a quote calling it “a gun-rights organization that makes the NRA look moderate.”

Update

Delegate Alfonso Lopez (D), who voted against the bill in committee, told ThinkProgress, he believes the bill is unconstitutional. “Say the federal government was investigating a gun-runner in Virginia,” he observed, “local police would not be allowed to assist the FBI or the ATF with providing addresses, contact information, or phone numbers. It has unintended consequences, is overly broad, and is the wrong direction for Virginia to be going.”


Update

Delegate Patrick Hope (D), who also opposed the bill in committee, told ThinkProgress that if passed, “This bill will turn Virginia into a haven for fugitives of the federal government. If you’re a criminal, you should come to Virginia, because under this law we would ignore any commonsense legislation that comes out of Washington. It will be a danger to public safety. This is not a joke — but it’s something you’d think you’d see in The Onion.


Update

The House of Delegates re-referred the bill to the Appropriations Committee for a fiscal study. The appropriations left it dead for the year.

LGBT

Virginia Legislature Confirms Once-Blocked Openly Gay Judge Tracy Thorne-Begland

Judge Tracy Thorne-Begland

The Virginia House of Delegates and Senate approved a package of judges Tuesday, including Tracy Thorne-Begland. The House of Delegates had blocked his nomination in May over his sexual orientation, but endorsed him by a 66-28 margin this time.

In May, House Republicans blocked the confirmation of Thorne-Begland, a former Richmond prosecutor and Navy pilot, to a District Court judgeship. Delegate Bob Marshall (R) led the opposition, calling Thorne-Begland “a homosexual activist.” The House’s discrimination was widely panned and the Richmond Circuit Court opted to appoint him to the vacancy the House of Delegates had left open by rejecting his nomination.

With his temporary appointment about to expire, the House Republicans changed their mind and allowed his confirmation. The Senate unanimously approved the package moments later, meaning Thorne-Begland will get a full six-year term.

Justice

Virginia Republican Legislator Actually Wants To Require Concealed Weapons In Schools

Virginia Delegate Bob Marshall (R)

A day after Virginia Gov. Bob McDonnell (R) said he would be open to arming school faculty, a state legislator is taking the idea a step further. Virginia Delegate Bob Marshall (R) has submitted a bill that would not only permit faculty to bring concealed guns into schools, but would require schools have armed staff.

The Washington Post reports:

Marshall’s proposal goes beyond the governor’s comments, which were made in the course of a radio interview Tuesday. Marshall would not only allow staff with concealed handgun permits to carry them in schools, but require school districts to designate some staff members to do so. Those employees would have to be certified in gun safety and competence, Marshall said.

Marshall told the Richmond Times Dispatch, “I’ll bet there are people who have concealed-carry permits in most every school in the commonwealth. They’d be the ones to volunteer to get certified.”

While a growing list of pro-gun lawmakers have indicated that they will reconsider gun control in the wake of Friday’s tragedy, some are using the tragedy to push for even more guns. McDonnell, Gov. Rick Perry (R-TX) and Republican legislators in Oklahoma, Nevada, and South Dakota have embracing the idea of arming adults in schools.

Virginia Senate Minority Leader Richard Saslaw strongly objected to McDonnell’s suggestion, saying, “And when that fails to stop this, what’s next? Arm the students? If teachers wanted to carry guns in order to do their day job, they would have become policemen.”

Update

On Fox News Wednesday, Marshall defended what he termed “a very modest proposal,” explaining, “We’re making a mandate, just like we did requiring them to have someone on campus to be able to administer one of these EpiPens.” When asked by host Neil Cavuto if the armed staffers could themselves be a threat, Marshall noted that “human beings screwed up the Garden of Eden, so nothing is perfect.”

Watch the video:

Justice

Anti-Gay Virginia Lawmaker Explains His Decision To Block Gay Judge: ‘Sodomy Is Not A Civil Right’

Gay judicial candidate Tracy Thorne-Begland during his military service

Earlier this week, the Virginia House of Delegates rejected Tracy Thorne-Begland, a former Navy pilot and top Virginia prosecutor, for a seat on Virginia’s lowest ranking trial court because, in the words of Del. Bob Marshall (R-VA), Thorne-Begland’s gay “lifestyle is exactly contrary to” his obligation to uphold the state constitution. On CNN this morning, Marshall doubled-down on this view, explaining that he blocked Thorne-Begland because the judicial candidate had the audacity to serve his country while gay:

MARSHALL: [Thorne-Begland] had to misstate his background in order to be received into the military in the late 1980s. There was a specific question, “are you a homosexual?” He had to say no. He took an oath of office which he had to defy. . . . Dr. Martin Luther King and Rosa Parks never took an oath of office that they broke. Sodomy is not a civil right. It’s not the same as the Civil Rights Movement. You have to look at the past, and, in fact, look, in late 2011 he was critical of the, you know, Don’t Ask/Don’t Tell. He criticized our attorney general simply for explaining what the law of Virginia is with respect to certain protected classes.

Watch it:

First of all, “sodomy,” as Marshall so quaintly puts it, is a civil right. That was the holding of Lawrence v. Texas, which established that consenting adults have a right to be free from government interference in their “private sexual conduct.”

Additionally, while it may in fact be true that Thorne-Begland once misrepresented his sexuality in order to serve his country in the United States Navy, it is important to understand exactly what he signed up for when he told this potential lie. Tracy Thorne-Begland was a Navy pilot, and his superiors did nothing to hide from him the dangers inherent in this job. When Thorne-Begland was stationed at Virginia Beach, he was informed that 25 percent of pilots are killed in action over the course of a 20 year career. This was the job he might have lied in order to sign up for — to risk his life every day in defense of his county. Bob Marshall, by contrast, never served a day in the United States military.

Nor, apparently, did Marshall familiarize himself with civil rights history during all that time he spent not serving his country. Martin Luther King may not have taken an oath of office, but his entire career was rooted in a campaign to peacefully defy unconstitutional laws. And while there is some dispute over whether Rosa Parks’ famous decision to keep her seat on a Montgomery bus violated a city ordinance or merely a racist custom, her refusal to stand is widely perceived as an act of civil disobedience that triggered a movement of opposition to Jim Crow laws. A judge’s oath is to the Constitution, and Thorne-Begland acted with the greatest respect for our founding document when he fought back against the unconstitutional and now-repealed Don’t Ask/Don’t Tell policy.

Justice

Virginia House Rejects Judge Because He Is Gay

Virginia Delegate Bob Marshall (R)

Tracy Thorne-Begland served his country for 20 years in the Navy. After his discharge, he then rose to become one of the top prosecutors in the city of Richmond, Virginia. He was sponsored for a low-level trial judgeship by a bipartisan mix of state lawmakers, and seemed a shoo-in for the job. And then this happened:

Delegate Bob Marshall said he will seek to remove the name of Richmond prosecutor Tracy Thorne-Begland from a list of proposed District Court judicial appointments.

“I don’t even think it’s proper to put his name forward because of his behavior,” said Marshall, who called Thorne-Begland “a homosexual activist,” in a press release.

Thorne-Begland has been nominated to serve as a judge for Richmond’s General District Court, but, Marshall challenges the nomination on the grounds of the prosecutor’s sexual orientation.

We have a constitution which says marriage is between one man and one woman and if he’s taking an oath, he has to uphold and defend that as a judge,” said Marshall.

“If his lifestyle is exactly contrary to that… I don’t see how he could do that,” he said.

Last night, the Virginia House of Delegates fell 18 votes short of the 51 needed to appoint Thorne-Begland to the state bench, effectively killing his opportunity to become a judge. Had he been appointed, Thorne-Begland would have been the only openly gay judge on the Virginia bench.

Moreover, its worth noting that the General District Court is the very lowest court in Virginia, hearing little more than misdemeanors and small dollar civil suits. So it’s unlikely that a gay rights issue could even come before Thorne-Begland if he joined this court.

Health

VA Governor Downplays Mandatory Ultrasounds By Saying It’s Only Required In A ‘Small Minority’ Of Cases

Virginia Gov. Bob McDonnell (R) signed a mandatory ultrasound bill into law last month, which will require all women who have an abortion in the state to have an ultrasound first, after backing off his earlier support for a more far-reaching version of the bill that would have required a more invasive ultrasound.

Despite his opposition to “invasive” TSA pat-downs, McDonnell still agreed with requiring women to undergo an additional medical prodecure because they “have a right to know” all available medical information before making a decision.

But his focus on a woman’s right to know ignores that the bill adds an unfunded, unnecessary burden for women seeking an abortion. In an interview with Bloomberg’s All Hunt, McDonnell stood by his “right to know” line without addressing if the law was a mandate:

MCDONNELL: The truth is that in almost all the cases already these ultrasounds are already required for medical reasons. [...] The important part, really, is to be able to show the woman the ultrasound along with all the medical information. [...]

HUNT: Suppose she and her doctor don’t think that’s necessary. You would still mandate it, though, right?

MCDONNELL: Well, again, it’s in a fairly small minority cases where it’s not being performed. But this is the policy that the legislature set. I thought it was the right policy.

Watch here:

The additional requirement throws up another barrier for women who want to have an abortion in Virginia. This invasive law, along with burdensome and expensive state regulations on abortion clinics, are Republican lawmakers’ attempts to limit women’s access to abortion procedures by making it difficult or forcing clinics to close.

Twenty of Virginia’s 23 abortion clinics affected by the new regulations that have gone into place reported that they already meet or will comply with the standards, such as larger hallways, bigger parking lots, and certain health and cooling controls. But complying with the standards was expensive, costing the clinics betweeen $150,000 to $3 million a piece. “These are difficult economic times,” Laura Meyers, president and CEO of Planned Parenthood Metropolitan Washington, told the Washington Examiner. “To put more onerous regulations on health care providers that are not necessary seems very counterproductive.”

Justice

Chief Sponsor of Virginia ‘Personhood’ Bill Calls The Affordable Care Act ‘Rape’

Virginia Delegate Bob Marshall (R)

Yesterday, the Virginia House of Delegates passed a so-called “Personhood” bill which purports to give fertilized eggs the same legal rights as actual human beings. As ThinkProgress has previously explained, these bills could outlaw many forms of birth control, and they also attempt to ban abortion even when a woman is raped.

This is hardly the only example of this Personhood bill’s chief sponsor, Del. Bob Marshall (R-VA) showing disregard for women who have been sexually assualted. In a brief he submitted earlier this week opposing the Affordable Care Act, Marshall claims that requiring most Americans to carry health insurance or pay slightly more income taxes is just like rape:

As the Government admits, the individual mandate is designed specifically to “internalize” the risks and costs of health care, which it has the temerity to call “classic economic regulation of economic conduct.” In fact, the mandate is classic sumptuary legislation, prohibiting personal spending choices which offend the moral or religious beliefs of Congress. Thus, the Government’s individual mandate is not a regulation of commerce; it is a compelled societal duty. Indeed, the individual mandate is not voluntary commercial intercourse; it is forcible economic rape.

Marshall, of course has a long history of such opposition to modernity. An arch-nullificationist, Marshall once claimed that children with disabilities are God’s punishment to women who had abortions, and his disregard for reproductive choice and the Constitution is rivaled only by his disdain for gay people.

Nevertheless, Marshall’s latest statement is beyond the pale even by his standards. Enacting an economic regulation that is essential to the Affordable Care Act’s protections for people with preexisting conditions is absolutely nothing like rape.

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up