Big Brother in Our Personal Lives

Dick Black thinks it's his job to:

Define what a family is;
Decide what you and your children can read;
Make your family planning decisions for you;
Legislate your private intimate behavior;
Withold medically accurate information from citizens

Black's "Family rule" is anti-family

In 2003 the bipartisan Virginia Housing Development Authority voted unanimously to remove the agency's "Family Rule," which prohibited VHDA lending to adults not related by marriage or blood. Virginia was the only state in the union to engage in this sort of housing discrimination, a practice prohibited by federal law for private lenders.

In 2004 Dick Black attempted to reinstate this rule with HB 187, claiming that "irregular households" threatened to destroy "family life." Although Black's intended target was the gay and lesbian community, the "irregular households" affected by this rule included parent-grandparent headed families, low-income and elderly friends trying to pool their resources to purchase a home, and other unintended victims. A broad coalition of the business community, real estate industry, mortgage banking industry, advocates for the disabled, the gay and lesbian community and other fair-minded Virginians joined in opposing Black's bill, while it was only supported by extreme religious right groups.

Fellow Republican Terrie Suit led the floor fight against HB 187, arguing that reinstating the rule would hurt those families in greatest need of housing assistance. She cited a low-income single mother who wanted to buy a home with the mother of her imprisoned boyfriend, and who was denied a loan under the rule, as well as a pair of widows who would otherwise have been unable to afford a home. In spite of this and other testimony, Black blamed "homosexual activists" for the defeat of his bill.

Sources: HB 187, Virginian-Pilot, Feb. 16, 2004, Fairfax Connection, Jan. 14, 2004

Black in our bedrooms

In 2004, legislators attempted to repeal Virginia's clearly unconstitutional sodomy law. Following the U.S. Supreme Court's decision in Lawrence v. Texas, all state laws regulating the private intimate acts of consenting adults were rendered unconstitutional, and most have been repealed.

But according to Dick Black, "We will certainly retain whatever part of the Virginia law that we can. In many direct and indirect ways, the ban on sodomy suppresses unnatural sex acts and their effect on our culture." Furthermore, says Black, "Changes to the law such as this begin to nibble away at the edges of laws that have been in place for centuries, not just over the last twenty years, but for centuries" (in other words, the sodomy ban dates back to the time when Virginia law also enforced slavery).

Virginia's "Crimes Against Nature" law is one of a handful of such laws that criminalize common intimate acts between both same and opposite sex consenting adults. But repealing the ban would encourage homosexuality and "unravel the moral fabric of the Commonwealth of Virginia," says Black.

The repeal bill's patron, Del. Brian J. Moran, D-Alexandria, said that those comments exposed the true nature of the opposition to the bill - bigotry against gay and lesbian people. The archaic law remains on the books, in defiance of the Constitution and the opinion of the vast majority of Virginians, according to a poll conducted by Rasmussen Research.

Sources: HB 1054, Log Cabin Republicans, Daily Press, June 27, 2003, People for the American Way

Black wants to censor material in our public libraries

As a newly appointed Library Board of Trustees member in 1997, Dick Black introduced an internet filtering policy that violated the guidelines of the American Library Association (ALA). Black's policy required that permanent filtering software be installed on all public library computers, making any material considered unsuitable for children inaccessible to all patrons, adults included.

The Library Board of Trustees had previously removed the ALA Bill of Rights and Freedom to Read document from Loudoun County library policies, making the Loudoun County library system the only public library system in the United States to do so. According to Black, "The ALA is a very, very radical organization." (The full ALA policy was finally restored in 2000.)

When Black and his fellow trustees refused to make reasonable provision for adult access to legitimate, constitutionally protected information, they were sued under the 1st Amendment by People for the American Way and local civil liberties watchdog group Mainstream Loudoun.

The 1998 ruling declared that Black's Loudoun library internet use policy was "unconstitutional in every respect." The ruling has set a legal standard for internet use policies in public libraries that protect the rights of all patrons. The Supreme Court subsequently ruled in 2003 that it is unconstitutional to deny adults unfiltered access to the internet in public libraries.

See how Black deliberately exposed public library patrons and employees to violent pornography

Sources: Loudoun Easterner, Oct. 22, 1997, Loudoun Easterner, Apr. 21, 1999, Mainstream Loudoun, Washington Post, December 28, 1998

Black's idea of "choice": abstinence, rhythm or wishful thinking**

Dick Black is known as a vocal opponent of reproductive freedom, and has been part of a small cadre who introduce legislation each session intended to restrict access to abortion. The 2003 session saw an unprecedented number of such bills, as well as a new focus on restricting women's access to contraception.

Public health officials and moderate legislators in Virginia have traditionally recognized that access to birth control is the most effective means of reducing abortion, given that half of all pregnancies are unintended and half of those end in abortion. Logically, an individual with strong objections to abortion would be expected to encourage better access to contraception. Dick Black's statements and actions in the legislature suggest a motivation other than reducing the number of abortions.

Emergency contraception (EC) is a higher dose of the same hormones found in common birth control pills, and works to prevent pregnancy in exactly the same way. It is classified by the FDA as a method of contraception, and does not disturb an established pregnancy.

Arguing in favor of a bill permitting pharmacists to dispense EC, which needs to be administered as soon as possible to be effective, Del. James H. Dillard (R, Fairfax) said "This will lead, without question, to fewer abortions. If there was ever a time when the pro-choice and the antiabortion people want to get together, this is it."

Black, however, insisted that EC is an abortifacient, saying "This is a baby pesticide that we're looking at. This is a toxic method for getting rid of a child." Black has defined "a child" as "a living organism with the DNA of Homo sapiens," indicating that he opposes all forms of contraception. His strategy is to redefine such common methods of contraception as the birth control pill as an abortifacient.

Black has also stated that he is concerned that the use of birth control is "contributing to a low birth rate" in the United States. Black's objective isn't "protecting human life," it's regulating our private sex lives and enforcing procreation.

Sources: Washington Post, Feb 1, 2001, Washington Post, Jan. 2, 2003, Washington Times, Jan. 21, 2004, Virginia Pilot, Feb. 10, 2004, Weldon Cooper Center for Public Service, July, 2003

**Choice for who? Black seems to think married men are entitled to sex on demand

When Terrie Suit (R - Virginia Beach) introduced a 2002 bill (HB 488) that removed the "marital rape exemption" from the rape statute, Dick Black argued on the floor of the House against the idea that a husband could ever be legitimately charged with raping his wife - that, by definition, there is no such thing as marital rape.

Black claimed to have been involved in the prosecution of "a great many rapes," but explained that in those cases involving a husband and wife "there was the benefit of having had a separation" between them. "I don't know how on earth you could validly get a conviction when they are living together, sleeping in the same bed, she's in a nighty, and there's no injury. We've got to establish rules to reasonably ensure that we're not going to convict an innocent person."

There we have it. Dick Black's idea of a reasonable rule is that if a woman is in the same bed with you and is wearing "a nighty," she has consented to sex.

This bill ultimately passed. Another bill in 2004, HB 655, would have eliminated the different standard for other kinds of sexual assault when the victim and perpetrator are married to each other. This bill was tabled in the Courts of Justice committee. Sexual assault by a spouse is still only a crime in Virginia when the spouses are living apart or when "bodily harm" is caused in the commission of the assault.

Source: House floor discussion, Feb. 7, 2002, HB 488, HB 655

Black says punishing gay and lesbian Virginians will "affirm" marriage

With the 2004 enactment of HB751, the so-called "Affirmation of Marriage Act," the American Civil Liberties Union filed a court challenge to this law that prohibits persons of the same sex from entering into a civil union, partnership contract or other arrangement purporting to bestow the privileges or obligations of marriage. "This is one of the most reprehensible acts of the Virginia General Assembly in years," said ACLU of Virginia Executive Director Kent Willis. "It is a mean-spirited and morally indefensible measure that serves no purpose but to frighten gays and lesbians away from the state."

It is also poorly drafted, with no definition of "other arrangements" or "privileges or obligations of marriage," leaving those terms to the whim of judges and of anyone who might want to challenge a private contractual arrangement between two people of the same sex. According to the ACLU, the law could be used to void medical care directives, wills, child care arrangements, joint ownership of property and other financial agreements made between gay and lesbian partners, or between any persons of the same sex. The constitutionality of the law is very much in question, because the Constitution of the Commonwealth clearly prohibits the government from interfering with the ability of citizens to enter into private contracts. At best, it leaves the Commonwealth vulnerable to wasting tax dollars defending this law as its limits are tested.

Dick Black, who co-patroned this vindictive legislation with Bob Marshall (R-Manassas), claims that it was necessary to prevent marriage "look-alikes" (Virginia has explicitly prohibited same-sex marriage and civil unions since 1997). He also has stated that "mutual love is not the basis of marriage," and that polygamous heterosexual marriage "would make more sense" than monogamous life-long partnerships between two people of the same sex.

A bill to rescind this law was defeated in the House Courts of Justice Committee in January. When Black had the opportunity to support a motion to accept substitute language which would have simply clarified the language about contractual rights, he declined to do so.

Sources: HB 751, HB 1633, HB 2490, Cato Institute, ACLU, Public debate between Black and Jay Fisette (D-Arlington County Board), sponsored by the Arlington Committee of 100, Oct. 13, 2004, Washington Post, May 9, 2004, Washington Post, June 13, 2004, Virginian-Pilot, May 22, 2004, Leesburg Today, June 18, 2004

Black to young victims of sexual abuse: Tough luck

Dick Black objected to language added in 2004 to the standards for Family Life Education that mandates discussion of resources available in the event of sexual assault. The information includes the availability of counseling and legal resources, and the importance of seeking immediate medical attention. Language that included emergency contraceptives as a medical option was removed from this bill, but Black found the entire topic offensive, urging colleagues not to add "all this dark and downbeat stuff" to the curriculum.

Black asserted that this content was unnecessary because young people who are sexually assaulted "should seek guidance from their parents." Jennifer Woolley, advocacy coordinator for Virginians Aligned Against Sexual Assault, pointed out that sexual assault survivors cannot always seek advice from parents because a parent is sometimes the perpetrator. "So we're to presume the parents are a bunch of molesters," Black said, drawing a sharp rebuke from Del. Dillard, R-Fairfax, sponsor of the bill and chairman of the House Education Committee. "Stay within the bounds of civility, sir," Dillard admonished him, adding that he found it "ironic that abortion opponents would fight a measure intended to prevent unwanted pregnancies."

Black says: Less information is always better

Dick Black patroned HB191, which would have removed rules requiring that couples being issued a marriage license be provided information on family planning, reproductive health care, birth defects and avoiding sexually transmitted diseases. Several lawmakers said Black was targeting the clerks' brochures because they contained information about contraception. His colleagues voted down the bill, with fellow Republican Gary Reese asking "Are we to say the state has no interest in birth defects, in stopping the spread of HIV ... in helping people plan their families?" He added, "We have, in this chamber, cast too many votes for ignorance."

Sources: HB 191, Loudoun Connection, February 25, 2004

Black needs a refresher course in high school biology

In 2003 Dick Black voted against legislation providing that contraception is not subject to or governed by abortion laws, and in 2004 co-patroned a bill to prohibit college campus health services from distributing a higher dose of the common birth control pill known as emergency contraception (EC), often administered as a precaution in the event of rape.

According to state Sen. Janet D. Howell (D-Fairfax), Black and his allies are not just trying to make it impossible to get abortions in Virginia. They also want to deny women access to birth control. "We have people actually arguing about whether pharmacists have the right to dispense contraception," says Howell.

Dick Black believes that life begins at fertilization, not conception, a belief that contradicts all medical knowledge of pregnancy. Pregnancy begins at the point of conception, when a fertilized egg is implanted in the uterus. Unimplanted fertilized eggs are not considered to be alive because they have not begun the process of cell division; many of these zygotes are in fact shed during normal menstruation. The assertion that preventing implantation aborts an existing preganancy is simply not medically accurate. The assertion that contraceptive methods like the common birth control pill and EC are abortifacients or "baby pesticide" is simply a lie.

Sources: Sources: SB 1104, HB 1414, Washington Times, Jan. 21, 2004, Virginian-Pilot, Feb. 10, 2004, Virginian-Pilot, Feb. 17, 2004, Virginia Family Values PAC, Kaiser Daily Reproductive Health Report, Richmond Times-Dispatch, Feb.17, 2004

Black wants to tell private employers who they may insure

HB1016, sponsored in 2004 by James Dillard (R - Fairfax), simply allows insurance policies to be extended to any person designated by the insured group member with the mutual consent of the insurer and the group policyholder. Virginia law currently limits coverage to the insured group member's legal spouse and children, making it impossible for an employer to choose the policy that best serves the needs of their own employees and company interests. More . .

Black gets his medical information from football players

The Senate Education and Health Committee rejected a 2004 bill that would have required doctors to administer pain medication to a fetus when performing abortions after the first trimester. Dick Black patroned a similar bill in the House, also defeated in the Senate.

According to neurosurgeon Dr. Robert Rashti, who testified against the Senate bill, testimony in favor of it represented "junk science" and did not reflect "mainstream medical understanding." Rashti added, "Either (the legislators) don't understand what they're reading because they're not medical, or they're consciously misrepresenting information to the Senate committee. I certainly feel I have a much better background than anyone on their team, who were not neuroscientists."

"Their team" included former Washington Redskins stars Charles Mann and Art Monk, who spoke with Black and Sen. Ken Cuccinelli (R-Fairfax) in support of the measure at a news conference. Ben Greenberg, executive director of Planned Parenthood Advocates of Virginia, remarked that "we have a Senate Education and Health Committee that is consistently rejecting their proposals and is consistently finding that their legislative initiatives are not credible. They're getting so desperate they're now trying to bring football players out and suggest that they know more than the medical community."

Sources: HB 1315, SB 371, Richmond Times-Dispatch, Feb. 13, 2004, Richmond Times-Dispatch, March 4, 2004, Virginian-Pilot, Feb. 17, 2004 , Virginian-Pilot, March 3, 2004

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