Kaine, Holton voting NO

Governor Tim Kaine Becomes 200th Lawyer to Join Virginia Legal Review Committee;

Governor Linwood Holton and First Lady Anne Holton Also Sign On

Virginia Governor Timothy M. Kaine today became the 200^th lawyer in Virginia to sign the statement of the Virginia Legal Review Committee, which expresses concern about the significant and largely unpredictable legal consequences of the amendment to the Virginia constitution proposed in Ballot Question #1. Governor Kaine’s wife, First Lady Anne Holton, and father-in-law, former Republican Governor Linwood Holton, also signed the statement.

Governor Kaine made his announcement standing in front of the Executive Mansion with his wife and in-laws.

Representing a combined 75 years of marriage, Governors Kaine and Holton and the two Holton First Ladies also announced today that they will be voting NO on Ballot Question #1 on November 7^th.

Governor Kaine reaffirmed his strong personal belief in marriage between one man and one woman. “Virginia law on that point is well-settled and is not challenged by the proposed amendment,” Governor Kaine said. “But the vague language of the amendment could upend this well-settled law.”

The Governor reviewed the range of potential unintended consequences presented by the proposed amendment, including the denial of domestic violence and family court protection to unmarried victims of family abuse, and the threat to the validity of private agreements between any unmarried individuals.

Speaking from her perspective as a former judge, First Lady Anne Holton, characterized the proposed amendment as a “legal morass.” “Defense lawyers will be obligated to represent their clients by using every loophole in the language of the amendment,” the First lady said. “There are lots of loopholes in the proposed amendment for them to use to try to overturn a conviction.”

Governor Holton described the Bill of Rights in the Virginia Constitution, which Ballot Question #1 would amend, as a “sacred document” that “must be protected.” “The Bill of Rights has never in Virginia’s 200 year history been amended to take rights away,” Governor Holton said. “I urge voters to vote No on this effort to do so.”

Former First Lady “Jinks” Holton spoke as the non-lawyer in the family. “I’m not a lawyer,” she said, “but I know that when hundreds of lawyers are already fighting over what the language means, we shouldn’t be voting to put it in the constitution.”

The Virginia Legal Review Committee is made up of lawyers and legal scholars who have signed a statement expressing concern about the “significant and largely unpredictable legal consequences” of Ballot Question #1, the proposed amendment to the Virginia Bill of Rights that will be before the voters on November 7^th.

Video from the event is available here.

UPDATE: Here is the statement released by Democratic Caucus Chairman Brian J. Moran:

Today former Governor Linwood Holton, the first Republican governor since reconstruction, joined Governor Kaine, former Governor Warner, former Governor Robb and I, in opposition to the amendment on this fall’s ballot. The amendment goes too far in infringing on the rights of married individuals, endangers our ability to be competitive in the new economy, and threatens our protections of women and families. I continue to urge Virginians’ to vote NO on ballot question #1.

As a former Prosecutor, I can say with certainty that this amendment poses problems for our ability to protect victims of domestic violence, particularly in providing protective orders to women and children in danger. October is Domestic Violence Awareness Month, and I hope we don’t take a step backward in our laws to protect domestic violence victims.

I’m honored and proud to be on the same side with these great Virginians on this important issue and to join their voice urging Virginian’s to vote NO. I hope that Virginia voters will heed today’s bi-partisan message and vote NO this November 7th.