New Laws Taking Effect Today in Virginia (More of Northam’s Extreme Agenda!)

This summer, school boards across Virginia (and the nation) have been exploding over “Critical Race Theory” being taught to public school students, which divides people into either “the oppressed” or “the oppressors” based primarily on race, “sexual orientation” and “gender identity.” Now we have to brace for new laws taking effect today that were passed by the 2021 General Assembly, ranging from harmful to ridiculous, with a few [somewhat] helpful new laws.  While the 2021 Session was conducted almost entirely virtually, with the Senate meeting in Richmond at the Virginia Science Museum, that did not stop the current Democratic majority in the legislature from advancing more of their extreme agenda.

Below is a summary of some of those new laws.

Harmful Laws

Headlining the list of harmful laws is the legalization of adult recreational use of marijuana (SB 1406, D-Ebbin and HB 2312, D-Herring).  Adults 21 and older are now allowed to possess up to one ounce of marijuana and not be subject to any civil fine and grow up to four plants, but it still remains illegal to cultivate, manufacture, sell or buy adult-use marijuana beginning until 2024. 

The laws contain a re-enactment clause which requires the General Assembly to re-approve the commercialization provisions in 2022.  The laws also provide localities the ability to opt-out of commercial marijuana through a local referendum that would need to be held by December 31, 2022.  (Stay tuned for guidance on how you can petition your locality to opt-out of commercialized marijuana.)

Parents everywhere should be concerned about the new “Nanny State” Laws (SB 1310, D–McClellan and HB 1864, D-Price), which create a new category of employee called a “domestic worker,” which includes anyone who is paid “directly or indirectly” to be home companions, babysitters (other than family members, friends, or neighbors), a nanny to care for one’s children, tutors, in-home nurses, caretakers, home health aides, personal care aides, etc.  Under these laws a parent could be considered an “employer,” which opens them up to civil lawsuits under the Human Rights Act from the Attorney General and/or disgruntled applicants or former employees.  For example, parents could now be sued for "sex discrimination" if they hire a woman over a man to take care of their young children as a babysitter or nanny in the home without them being there, or for “religious discrimination” if they specifically hire someone of their own faith as an in-home tutor.  These laws also permit the Commissioner of Labor and Industry to conduct an in-home inspection of the premises when a complaint is filed!

Who can become a parent in Virginia will dramatically change as legislation (SB 1321, D-Boysko) amends the current law to allow any “person with a legitimate interest,” which could include any number of interested people, to file a petition to the circuit court for adoption of a child.  For example, under this bill a live-in boyfriend or same-sex partner will now be able to petition the court for adoption regardless of the best interests of the child.

Of course, in order to protect the radical left’s liberal agenda – including elevating “sexual orientation” and “gender identity” above constitutionally protected religious liberty – they need a judicial system packed with more judges who do not hold an originalist view of the U.S. and State Constitution.  Beginning today, the Court of Appeals increases from 11 to 17 judges and the right of appeal is broadened.  When the General Assembly convenes for a special session this August, they’ll most likely seek to appoint more radical judges that advance their extreme agenda.

As local public school boards are approving indoctrinating students with Marxist “anti-racist/anti-biased” curriculums in schools, teachers will now be required to undergo vague and undefined “Cultural Competency Training” (SB 1196, D-Locke and HB 1904, D-Jenkins). Based on the Southern Poverty Law Center (SPLC) curriculum that many schools are beginning to implement, it’s clear “cultural competency” is code language for more Marxist indoctrination like “Critical Race Theory.”

Whereas in 2020 the liberal majority in the legislature, aided by Governor Ralph Northam, a pediatric neurosurgeon, passed legislation eliminating over 40 years of pro-life achievements that will endanger more women and result in more abortions, this year the same majority passed legislation that will use public dollars to help pay for more abortions in Virginia.  Starting today, legislation (SB 1276, D-McClellan and HB 1896, D-Hudson) will become effective that allows coverage of abortion on demand in health insurance plans through Virginia's Obamacare health exchange, which uses taxes to pay for managing the exchange and for subsidizing health plans in many cases.

In addition to using tax dollars to pay for abortion, the General Assembly also passed another bloated budget that establishes the Joint Subcommittee on Tax Policy, proposed by Senator Janet Howell (D-Fairfax), chair of the Senate Finance and Appropriations Chair.  We will closely monitor this special committee because its aim is to evaluate “tax brackets, tax rates, credits, deductions, and exemptions,” which could lead to dramatic changes to Virginia’s tax code, or worse – recommend repealing important tax preferences, like the EISTC program for low-income families.

Some Helpful Laws

The biggest battle regarding education was over passage of SB 1303 (R-Dunnavant), which was intended to require school divisions to allow parents the option of in-person education during the remainder of the 2020-2021 school year.  That did not happen as the version of the bill that was signed into law still allows school boards to be able to continue online-only schooling during a COVID emergency declaration and permits teachers to still be able to work remotely. And because the legislation is effective starting today, it will only benefit families and students for the upcoming 2021-2022 school year.

A new law (SB 1356, R-Kiggans) will ensure pastor visitation during a declared public health emergency.  This bill would require the Boards of Health and Social Services to include in its regulations a requirement that each hospital, nursing home, certified nursing facility, hospice, and assisted living facility allow patients or residents to receive visits from a rabbi, priest, minister, or clergyman upon request, or virtually if in-person visitation is absolutely not optimal, during a declared public health emergency.  With the Governor’s declared public health emergency ending yesterday, hopefully pastors will be able to resume their normal visitation practices without interference from the government or hospitals.

Finally, despite sports betting and casinos being legalized last year, the Governor kept his word and amended legislation to prohibit unregulated locations from owning such gambling devices, something that was approved last year. Any violators could face a $25,000 fine and the state or locality can also seek the money within the devices. 

This prohibition on “skill games” is currently being challenged in court by former NASCAR driver Hermie Sadler, represented by Senator Bill Stanley (R-Franklin), who says if violates his First Amendment rights, as well as the Asian American Business Owners Association (AABOA) who have filed a complaint with the Attorney General’s Office alleging that the state’s ban on skill gaming unfairly targets minorities.  It’s possible this prohibition could be temporary until these issues are resolved.

To see the full list of laws taking effect today, click HERE. 

The General Assembly will convene for yet another special session on August 2, in order to fill judicial vacancies and allocate more than $4.3 billion in federal relief funding. Of course, we’ll keep a watchful eye on special session to see if the majority in the legislature attempt to fund more programs that advance its liberal agenda.