How They Voted on God, Guns And Gays
Deeds, McDonnell on Schools, Taxes, Too

By Anita Kumar
Washington Post Staff Writer
Sunday, September 27, 2009

RICHMOND -- Voters elected Democrat R. Creigh Deeds and Republican Robert F. McDonnell to the General Assembly in the same year, 1991. For the next 14 years, the future candidates for Virginia governor were divided on the most contentious issues of the day.

Today, their voluminous legislative records of almost 40,000 votes show a stark contrast in their philosophies on the role of government, the spending of taxpayer dollars and restrictions on abortion, gay rights and guns.

Deeds's record shifted in some areas through the years, although he remained a fairly consistent advocate for smaller class sizes and higher standards for those caring for children, restrictions on same-sex couples and increased taxes.

"Government cannot do everything, but there are some things it has to do,'' Deeds said. "I'm a guy that understands . . . you have to look at real-world solutions in the problems we face."

McDonnell's mostly consistent record shows he opposed new taxes and favored less regulation in most areas, including public schools and day-care centers, while supporting government-imposed restrictions in others, such as abortion and birth control.

"I have a strong belief in the private sector and the free enterprise system," McDonnell said. Deeds's "record reflects more of a belief in government solutions and government regulations. . . . It's a very different view of the role of government."

Deeds and McDonnell did find themselves on the same side on a handful of major issues, including welfare reform and the creation of a children's health insurance program, and scores of less prominent issues widely supported by both parties.

Occasionally, Deeds, a conservative Democrat from a rural area, would vote alongside McDonnell and other Republicans -- requiring the words "In God We Trust" to be displayed prominently in every school, designating English as the state's official language and increasing the penalty for killing a fetus.

Deeds and McDonnell served in the House of Delegates together for a decade until 2001, when Deeds won a seat in the Senate, where he still serves. McDonnell left the House after narrowly defeating Deeds for attorney general in 2005.

Education

Deeds and McDonnell differed on almost every major education bill.

Year after year, Deeds supported reducing class sizes at schools and day-care facilities and requiring more teachers and guidance counselors. McDonnell opposed those efforts, saying that local schools should determine their own staffing needs.

McDonnell's votes reflected an interest in alternative education opportunities. He voted for a 1998 bill that authorized charter schools; Deeds opposed it. He supported a 2004 bill to allow high school graduates to home school their children. Deeds voted to keep the requirement that parents have a college degree. McDonnell voted to loosen requirements for supervisors of children in day care by allowing them to be accredited by groups other than the state. Deeds opposed the bill but eventually voted for it after changes were made.

Deeds supported an overhaul of day-care regulation in 1993. McDonnell tried to exclude religious facilities from the new requirements but eventually voted for it.

Those records -- particularly with regard to class size -- prompted the Virginia Education Association to endorse Deeds and begin running TV ads against McDonnell last week.

Taxes

McDonnell has generally opposed new taxes and supported tax cuts, while Deeds has often voted for increases.

Deeds opposed a bill to study whether to reduce or eliminate the tangible personal property tax. He voted to raise sales and use taxes in Northern Virginia for transportation. He voted repeatedly to boost the gas tax.

And in 2003, Deeds opposed an elimination of the estate tax, although he tried to introduce a compromise that, among other things, would have made farmers exempt. Deeds voted to sustain the governor's veto of the original proposal.

McDonnell occasionally supported increases in taxes or fees, twice voting with Deeds against amendments to eliminate the sales tax on groceries. In 1999, he voted for a bill that reduced taxes on food, as did Deeds.

In 2004, in one of the defining moments of modern Virginia politics, Deeds and McDonnell split on whether to support a $1.4 billion tax increase initiated by then-Gov. Mark R. Warner (D) to boost spending on education, health and public safety. Deeds was one of 31 Democrats and Republicans in the Senate to support it, while McDonnell joined the fiscally conservative Republicans who opposed it in the House.

Law and Order

Deeds and McDonnell, both lawyers and former prosecutors, agreed on many law-and-order issues, including supporting Republican Gov. George Allen's proposal to abolish parole, fining people who assist in suicides and easing reporting restrictions for victims of childhood sexual abuse.

But the two men differed on civil litigation and other judicial issues. Deeds supported creating separate family courts, imposing a moratorium on the death penalty until a study could be completed on capital punishment and making it easier for patients to sue health maintenance organizations. McDonnell opposed those measures.

The two men split on whether to allow prisoners to appeal their cases to the Supreme Court for reasons other than DNA testing. Deeds said yes; McDonnell, no. They were on opposite sides on whether clergy should be required to report suspected child abuse to the state. Deeds said yes; McDonnell, no.

Social Issues

McDonnell supported bills that banned a procedure some of its opponents refer to as partial-birth abortion, required minors to obtain parental consent before getting an abortion and mandated a 24-hour waiting period for women seeking one. All three passed.

Deeds supported bills that required parents to be notified if their child was seeking an abortion but not bills that required parental consent or a waiting period. He voted for a ban on partial-birth abortion but later changed his mind because he said he worried that the bills were unconstitutional.

Deeds voted to allow pharmacists to dispense emergency contraception, the so-called morning-after pill, prior to the FDA's decision allowing it to be sold over the counter, while McDonnell did not.

Planned Parenthood has been canvassing neighborhoods and calling voters to share what they describe as McDonnell's extreme record. But Victoria Cobb, president of the conservative Family Foundation of Virginia, said McDonnell supported bills that most residents across the state support. "We are talking about very reasonable measures," she said.

Both Deeds and McDonnell voted to exclude sexual orientation from a list of hate crimes. They voted against recognizing same sex-marriages and for a measure urging Congress to propose a constitutional amendment describing marriage as between a man and a woman. Deeds changed his votes on those measures when both were amended in their final versions.

Deeds and McDonnell voted to put on the ballot a state constitutional amendment prohibiting civil unions and same-sex marriage. Deeds said he voted for the amendment because he believed that it codified laws banning same-sex marriage. But he said he came to regret his decision and to believe that the language was discriminatory and said so publicly before the 2006 balloting.

Charley Conrad, president of the Virginia Partisans Gay and Lesbian Democratic Club, which has endorsed Deeds, attributes his views to a rural upbringing and said he trusts that Deeds's views have changed. "He likes to say he is a work in progress,'' he said.

Gun Control

Given their other differences, Deeds and McDonnell hold remarkably similar records on guns. Deeds often sided with Republicans, including McDonnell, and rural Democrats in opposing gun control bills.

They voted repeatedly to stop localities from enforcing more restrictive gun laws than the state, including proposed bans at community centers and parks. Both voted to limit government lawsuits against gun manufacturers and against firearm bans on school campuses.

The two split over a bill that limited handgun purchases to one a month. Deeds voted no; McDonnell, yes.

But both men have changed their views. After the 2007 Virginia Tech shootings, Deeds began to support closing the loophole that allows some private vendors at gun shows to make sales without background checks. McDonnell now supports repealing the one-gun-a-month law because of improvements he says have been made in instant background checks.

Deeds's gun-friendly record earned him the National Rifle Association's endorsement in 2005 but cost him the support of former governor L. Douglas Wilder. This year, the NRA switched to McDonnell, citing his record as attorney general and Deeds's "flip-flop" on the gun show loophole.

Staff researcher Meg Smith contributed to this report.