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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
JOANNE HARRIS and JESSICA DUFF, and CHRISTY BERGHOFF and VICTORIA KIDD, themselves and all others similarly on behalf of situated,
No.
5:
13-cv-00077
Plaintif,
v.
ROBERT F. MCDONNELL, in his official capacity as Governor of Virginia; JANET M. RAINEY, in her official capacity as State Registrar Vital Records; THOMAS E. ROBERTS, in his of
offcial capacity as Staunton Circuit Court Clerk,
Defendants.
above-captioned case. The testimony set forth in this Declaration is based on first-hand
knowledge, about which I could and would testify competently in open Court if called upon to
do so. This Declaration is submitted in support of
I requested that Jenner's library staff obtain from the offcial Library of
recordings of the floor proceedings from the Virginia House of Delegates for various days on
which the House considered certain measures related to the marriage rights of same-sex couples.
3. Jenner's library staff coordinated the request with Ms. Virginia Dunn, the Archives &
Jenner received the video recordings requested for various days of floor proceedings from 2004,
2005, and 2006.
4. I personally viewed these video recordings, and transcribed certain statements made by
members of
the House of
my knowledge, the
statements quoted herein are accurate transcriptions of verbal statements made during the course
of debate on the House floor.
5. One of the DVDs provided by the Library of
Delegates 2005 Regular Session, Disk 1 of 1, February 8, 2005 House Copy, Jay Sears News
Service." That disk contains two video recording fies-a recording of
House as Delegate Marshall of Prince Wiliam said, "Homosexuals are supposed to be portrayed
as victims of circumstance, victims of
Disk 1 of 1, February 8, 2005 House Copy, Jay Sears News Service, at Afternoon Session,
1 :29:09-1 :29:21.
7. During the afternoon session of
not a civil rights issue." Id. at Afternoon Session, 1 :32: 18-1 :32:20.
about the introductory "Resolve Clause" included in House Joint Resolution 586, that it "is here
for two reasons. . .. Secondly, it is here because of a Supreme Court decision, Romer, Governor
marriage, - ah - if
I were with the opponents of this, I would suggest that this is a way to slip in theology, because
we in nowhere state in the code what the design of marriage in (sic)." Library of
Virginia,
Virginia House of
Delegates 2005 Regular Session, Disk 1 of 1, February 26, 2005 House Copy,
Delegates 2006 Regular Session, Disk 1 of 1, January 13,2006 House, Jay Sears News Service."
That disk contains two video recording files-a recording beginning at 9:59 AM, and a recording
beginning at 10:34 AM ("Second Session").
18. During the Second Session of
Alexandria quoted George Washington while stating his opposition to the proposed amendment,
see id. at Second Session, 1 :00:22-1 :01 :27; Delegate Marshall responded, to laughter from other
delegates, "is the Gentleman aware of what George Washington did to persons who exercised
same-sex persuasions in his units?" Library of Virginia, Virginia House of
Delegates 2006
Regular Session, Disk 1 of 1, January 13,2006 House, Jay Sears News Service, at Second
Session,
1:01:33-1:01:47.
"Marriage is a legal and moral union between a man and a woman, which has the form of
reproduction and the attendant responsibilities that ensue therefrom, even if the fact of
reproduction does not occur. Therefore any claim that two men or two women may marry each
other is simply nonsense. It does not make logical sense. However there are attempts to
radically alter an institution which that antedate history. And this has come about by social
engineering
"We have the - ah - notion that Virginia should not discriminate. Anybody can apply for a
mariage license; there's no inquiry on there as to your sexual interest or appetites. The only
qualification is the qualifications of age and sex, nothing else. And to suggest otherwise is itself
to tamper with this institution." Id. at Second Session, 16:00-16:25.
21. During the Second Session of
Alexandria noted that the legislature had already enacted three measures banning same-sex
marriage, id. at Second Session, 17:38-18:13, and Delegate Marshall responded, "In 1975 when
the ERA was raging, we did define that. We further modified that to say we're not going to
accept out of
state same-sex mariages," id. at Second Session, 18:28-18:37, and "we further
modified that to say we won't accept these imitations, which are the further permutations of
the
legal staff of
Fairfax offered an amendment to re-insert the "Savings Clause" that had been eliminated from
the Conference Committee measure passed in 2005. See id. at Second Session, 31 :04-31 :23.
23. During the Second Session of
that Lambda Legal Defense Fund was responsible for the Lawrence decision, id. at Second
Session, 1 :31 :08-1 :31 :36, presumably referring to the United States Supreme Court's decision
overturning Texas's sodomy ban as unconstitutionaL. See Lawrence v. Texas, 539 U.S. 558
(2003).
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and that this Declaration was prepared in the District of Columbia on September 30,
2013.
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