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Pro-homosexual legislation killed in House Rules Committee Senator Jeffrey Kessler co-sponsored and promoted passage of SB-600, a bill granting civil right status for homosexual behavior  Democrat - Marshall County- Senate District 2 Chairman - Senate Judiciary Committee Senator Jeffrey V. Kessler-(D Marshall) has been a consistent advocate for special homosexual rights legislation since he assumed the powerful role of Senate Judiciary Chairman. He was appointed chairman of the Senate Judiciary during the 2003 session. His efforts to further the homosexuals' agenda with this legislation were almost successful in the 2008 legislative session. Senate Kessler has sponsored the following recent pro-homosexual bills. SB-600, SB-686, SB-23, and SB-422. Here's our view of how Senator Kessler and other sponsors were able to get 32 of 34 senators to pass the bill and advance it to the House Judiciary Committee for further consideration. History of SB-600: SB-600 originated in Senate Judiciary Committee. Bill sponsors were senators McCabe (D), Foster (D), Wells (D), Kessler (D), Bailey (D), Minard (D), Hunter (D) and White (D). Advancing out of this committee on fast track, and with little advance notice, the bill passed the WV Senate on February 26, 2008. Senator Kessler, while not the lead sponsor, co-sponsored and took the lead in promoting this legislation which would have granted “civil rights” status within the WV Human Rights Act, and West Virginia Fair Housing Act for bi-sexual, homosexual, and gender identity (sex change) lifestyles, within employment and housing regulations. This legislation would have mandated West Virginia employers to hire, and West Virginia landlords to rent to, these individuals. If the bill became law, those found in violation of the new law could be sued and have civil penalties imposed by a West Virginia court of law for refusing to hire or rent to homosexual. In our opinion, the sponsors of SB-600 sought to use President Clinton's Executive Order #13087, entitled “Equal Employment Opportunity Based on Sexual Orientation”, as a tool to get SB-600 passed in the WV Senate. Clinton's executive order (E.O.) dealt specifically with non-discrimination in employment within federal agencies. Clinton's E.O. presented no federal mandate to states, West Virginia included, to codify this E.O. into state laws. After the vote, it was learned there was considerable misunderstanding on a federal requirement within the ranks of several senators who voted in favor of this bill. On the senate floor, Senator Dave Sypolt (R-Preston) asked Kessler "is age and sexual orientation already part of the 'federal' act?" Kessler replied, “sexual orientation, not age.” Click here to listen to Sypolt and Kessler floor conversation.. Senator Sypolt was one of several senators who would NOT have voted for this legislation, had they known there was no federal mandate for its passage. After learning the fact the Clinton E.O., lacked authority mandating a federal requirement to support passage of SB-600, several senators composed and signed a letter opposing SB-600's passage. They said, "We will work diligently within the remaining week of the session to defeat the bill in the House of Delegates and by any other means we are able to employ." Click here to read the senators' letter. Several other senators, including democrats, indicated they would have signed the opposition letter as well, had they known of the letters existence. In the waning days of a legislative session, there is a voluminous amount of legislation which has to be voted on and clear the originating body in order to receive passage according to Senate and House rules. Such was the case on SB-600, which came out late in the session from the Senate Judiciary Committee, in what we believe was part of a timely strategy to avert closer scrutiny of this legislation by the full legislative body before a final vote. Why didn’t Senator Kessler, or other sponsors of the bill, inform their senate colleagues that the Clinton's E.O. carried no federal mandate to bring our state into compliance with a federal law? Senator Kessler is an attorney in Marshall county and should know the difference between a federal law and a presidential executive order. As such, we believe he had an obligation to explain the difference. This is especially true if he was going to refer to the E.O. in any way, as it related to SB-600, on the senate floor just prior to a vote on passage. It is our belief, Kessler and others, saw Clinton's executive order as a way to convey, directly or indirectly, some type of legal authority to senators on the need for passage of SB-600, thereby gaining momentum for passage. On February 26, 2008, the same day of passage of SB-600 in the Senate, President McCoy consulted with Liberty Counsel, concerning this legislation. Liberty Counsel is a nonprofit litigation, education and public policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family. Attorney Stephen Crampton, Vice President of Legal Affairs and General Counsel, confirmed to McCoy that the Clinton E.O. merely prohibited non-discrimination in "employment" and only within federal agencies, but placed no mandate upon the West Virginia Legislature to amend its laws as it pertained to this legislation. Furthermore, the scope and language of SB-600 exceeded Clinton's directive by including “sexual orientation” as a civil rights protected class in both the WV Human Rights Act and WV Fair Housing Act. On March 4, 2008, at the public hearing held in the House of Delegates chambers, President McCoy, armed with this information in hand, simply reiterated his belief on the matter. On March 9, 2008, the Charleston Gazette reported in a news article, WVFF President Kevin McCoy had informed House delegates that Senator Kessler had misled or even tricked senators into voting for the bill by not informing the Senate that the bill would extend protections to homosexuals. This story omitted the fact McCoy had stated that Senator Kessler inappropriately utilized the Clinton E.O. in the Senate to influence passage of SB-600. Neither President McCoy nor Chairman Ray Lambert was ever contacted by this newspaper to get an opposing view of the events which took place prior to its publication. Shortly after the public hearing in the House chambers, Senator Kessler angrily approached President McCoy and accused him of calling him a liar. President McCoy informed the senator that he had misinformed his senate colleagues on the NEED for passage of SB-600. Senator Kessler then showed President McCoy the Clinton E.O. #13087 and stated, “I’ve got it right here!”, referring to the executive order by President Clinton. McCoy informed Kessler that the Clinton E.O. had no authority to compel West Virginia legislators to pass SB-600 and bring the state into compliance with a presidential executive order. The discussion heated up to the point where McCoy told Kessler, "We are tired of this kind of legislation coming out of your committee and we're going to have to get the word out on your activities in Marshall county." Senator Kessler then responded, "Come on up to Marshall county so I can kick your *ss!” Kessler repeated his threat to McCoy again, as he was escorted away by two other senators who were observing their heated discussion from a short distance. This unfortunate and regrettable incident was heard, in its entirety, by WV Family Foundation Chairman Ray Lambert and other bystanders. After the public hearing, House Judiciary Chairwoman Carrie Webster (D-Kanawha) immediately took up Senate Bill-600 for consideration and for a vote on passage, which would advance the bill out of her committee. President McCoy then introduced into the committee the letter provided from the senators opposing SB-600, as well as the documentation from Liberty Counsel refuting the authority of the Clinton E.O. Chairwoman Webster simultaneously presented a letter from the WV Human Rights Commission, signed by the Commissioners, supporting passage of this homosexual legislation. Click here to see their letter. Upon McCoy's introduction of the senators’ letter in the House Judiciary, Chairwoman Webster requested Senator Randy White (D-Webster), a co-sponsor of the SB-600, to come to her committee. She asked him to give an explanation as to why some of his fellow senators drafted and signed a letter stating they would not have voted for the bill had they known there was no federal mandate to pass it. Senator White had no explanation, stating only that he believed the senators were cognizant of what the legislation sought to accomplish. After a heated debate, the vote was taken and the bill passed out of the House Judiciary. The final vote was 14-7-4 (14 for- 7 against and 4 absent). Click here for the actual roll call vote, to see who voted for the bill. After passing out of the House Judiciary Committee, SB-600 had only to clear the powerful House Rules Committee, chaired by House Speaker Richard Thompson (D-Wayne), before advancing to the House floor for a full and final vote. Fortunately for West Virginia families, the bill was never placed on the special calendar, and subsequently, it died in committee. Homosexual activists have already made tremendous inroads in implementing their agenda within our state. The City of Charleston, City of Morgantown, West Virginia University and Marshall University have already enacted ordinances or discrimination policies, which adds “sexual orientation” as a protected civil rights class. One only needs to visit the above websites to understand the inevitable outcome of adding "sexual orientation" to West Virginia state laws! It is in municipalities and universities today, it will be in K through grade 12 in the near future, if we are not vigilant in our opposition to homosexual promotion. Imagine the furor which would erupt from secular humanist, and homosexual activist, if Christians began promoting the historical biblical teachings against homosexuality, or the Genesis account of creationism, in public education, as the origin of mankind in these same taxpayer funded institutions! Senator Kessler’s effort to get SB-600 passed and into law is seen by our organization as a means to provide immediate cover for these municipalities and state institutions, who have stepped out prematurely in support of homosexual behavior, and without the legislative authority, to implement their own pro-homosexual agenda into West Virginia public policies. Even more alarming, the WV Supreme Court has already expanded the politically correct initiative “Committee on Equality in the West Virginia Judiciary” adding the definition of “sexual orientation” into its ethics rules and Code of Judicial Conduct, Canon 3(B)(5). We believe this activism by the Court was a contributing factor in creating the environment for a favorable decision in a stunning ruling by the high court on June 27, 2005. In Burch v. Smarr, the Court granted custody of a lesbian lover of a five year old boy over the maternal grandparents! (See: Burch v. Smarr-Case Profile and AFA CLP Legal Opinion on the WV Supreme Court)We invite Senator Kessler, and other sponsors of SB-600, who are evidently sympathetic to homosexual discrimination, to consider introducing legislation in the 2009 legislative session furthering the ability of groups, which oppose homosexuality on moral grounds, to have equal access in West Virginia’s state institutions to counter the promotion of this lifestyle perversion. For additional information on the activities of the WV Human Rights Commission, and their homosexual activism in promoting the homosexual agenda, see the links below. These documents include WV HRC's reply to President McCoy's letter, requesting an investigation into some commissioners using their office, and WV HRC resources, to promote SB-600 and the minutes taken at the three commission meetings, where the issue of the Commissioners’ involvement in promoting SB-600 was discussed. WV HRC Minutes: February 27, 2008, April 10, 2008 and June 12, 2008. Once the PDFs are open, search for "sexual orientation" and/or “SB-600”. For more information on the radical homosexual agenda being promoted in America, visit: Americans for Truth If you desire to contact Senator Kessler, here's his contact information. Capitol Address: |
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