Kaine's Ban On Smoking Rejected by Legislature

Republicans say Kaine's veto of the death penalty bills proves the governor is a liberal out of touch with the majority of residents.

"His defeat shows it's a law-and-order state," said House Majority Leader H. Morgan Griffith (R-Salem).

Kaine, a Catholic, is morally opposed to the death penalty but pledged during his 2005 run for governor that he would uphold the state law. Since taking office, Kaine has overseen four executions but stopped one because the inmate was suspected of being mentally ill.

When he vetoed the death penalty bills last month, Kaine said he believes that Virginia executes enough people. The state has put 98 inmates to death since 1976, more than any state besides Texas.

"While the nature of offense targeted by this legislation is very serious, I do not believe that further expansion of the death penalty is necessary to protect human life," Kaine said in his veto message.

During Wednesday's debate, Del. C. Todd Gilbert (R-Shenandoah) pointed out that the slaying of a police officer is already covered by Virginia's death penalty statute.

"The fact we protect our police officers is a statement we are protecting the very symbol of our legal system in Virginia," Gilbert said. "Certainly witnesses, who also are the very symbol of our system, deserve our protection."

Later, when talking about the bill on accomplices, Gilbert referred to Charles Manson, who was the mastermind behind the execution-style slayings of actress Sharon Tate and six others in Los Angeles in 1969.

Because there was never evidence that Manson shot or stabbed anyone himself, "he could not get the death penalty in Virginia today," Gilbert said. "I hope the governor understands who Charles Manson is."

House Minority Leader Ward L. Armstrong (D-Henry) said he was offended by Gilbert's remarks. Kaine's opposition to the death penalty is rooted in his religion, Armstrong said.

Kaine "knows who Charles Manson is," Armstrong told Gilbert. "But he is a man of strong religious conviction, and I think he issued these vetoes after much thought and ponderance. The governor knows full well the magnitude of this situation."

Armstrong and a majority of other House Democrats voted to override Kaine's vetoes.

"Virginia families deserve the safest streets we can provide, and that means the maximum deterrent for our most violent offenders," said Del. Brian J. Moran (Alexandria), chairman of the House Democratic Caucus.

Kaine found broader support for his proposal to ban smoking in bars and restaurants, even though it was rejected.

Health advocates had hoped that Virginia would become the 22nd state to ban smoking in restaurants. A ban would also have been a symbolic victory, because Philip Morris USA, the world's largest cigarette maker, is based in Richmond.

But Griffith and other GOP leaders argued that Kaine's proposal was too broad because it did not make exceptions for pushcarts, hot dog stands and catering services. The governor's amendment, they said, would ban smoking at catered weddings, sporting events, county fairs and private clubs.

"I would submit to you, this is too far-reaching," Griffith said. "You are going to have a problem if you tell the Moose or the Elks Club that, in their private club, they can't smoke a cigarette."

Kaine has said he will consider another attempt to ban smoking in bars and restaurants when the legislature reconvenes in January.