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VA Legislator Charges Fed With Promoting A “Class 6 Felony”

Jim Burroway

June 3rd, 2011

Virginia Delegate Robert G. Marshall (R-Prince William) sent a letter to the Richmond Federal Reserve Bank demanding that they remove the rainbow flag that is flying outside the building in honor of Pride month:

In a letter to Richmond Fed President Jeffrey M. Lacker, Marshall says the homosexual behavior “celebrated” by the bank “undermines the American economy” and is a class six felony in Virginia.

“The Richmond Fed’s endorsement of costly, anti-social, immoral behavior is rejected by 6,000 years of Western Religious and moral teaching,” writes Marshall, who is among the General Assembly’s most conservative members and has long been outspoken on gay-rights issues. “You want the American people to trust your [judgment] in economic matters when your spokesperson celebrates an attack on public morals?”

Marshal seems to have missed the memo in which the U.S. Supreme Court struck down sodomy laws in 2003’s Lawrence v. Texas.



Timothy Kincaid
June 3rd, 2011 | LINK

Constitution? Smonstitution!

He’s all about protecting Teh Fambly

Bruce McRoberts
June 3rd, 2011 | LINK

Remember what I said about “a state in two minds” in my last comment? This is what I meant. Fortunately, he’s insane even for the Rural Redneck Virginia half of the state, and the Fed seems to be relatively stolid so far.

John B. Chilton
June 3rd, 2011 | LINK

How about a twitter campaign to offset the hate in the comments the article in eliciting?

Send the Richmond Fed a thank you and encouragment by tweeting them at


June 3rd, 2011 | LINK

I used to be a resident of of Virginia and in 1990 I watched the candidate I supported take his place as the first African American governor of Virginia. Barely 20 years ago and no we have these hate mongers holding the governor’s seat, Hoochy-Koochy-Nellie as attorney general and a plethora of flatulent gassbags in the legislature.

I’m so glad I moved.

June 3rd, 2011 | LINK

There’s been a Western religious and moral teaching for 6,000 years now?

Ooooooooooooh, he’s a young earth creationist. Gotcha.

Steven B
June 3rd, 2011 | LINK

Yup, class 6 felony, still on the books in Virginia.

Mike Kevitt
June 3rd, 2011 | LINK

The Fed. Res. is a Federal agency, so it has no business celebrating anything except its assigned function. But, that Virginia “law” against that flag is a violation of free speech, so it’s a criminal document. Plus, what a laugh!, all the “social” and other “costs” of homosexual activity, which anybody can engage in without fear of law, and has the RIGHT to engage in without fear of criminal documents and their criminal enforcers. And, any PRIVATE entity has the right to fly that flag.

Mike Kevitt
June 3rd, 2011 | LINK

In my comment I just made, above, I made a factual mistake. It appears the “law” in question is against homosexual activity, not against that flag. But, it still violates the unalienable right of free association. It’s still a criminal ducument, not a law

Goodboy PA
June 4th, 2011 | LINK

The statement by Delegate Marshall is absolutely true. Technically, acts of oral or anal sex continue to be a Class 6 felony in Virginia, affectionately referred to in the Virginia criminal code as “Crimes Against Nature” (Sec 18.2-361). Punishment for conviction is…

“(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.”

This is a STATE crime, to this day, and the state continues to authorize the arrest, detention and prosecution of persons caught violating 18.2-361.

While conviction (at any jurisdictional level) remains highly unlikely, it remains CORRECT to call violations of 18.2-361 to be criminal acts.

The only way for this NOT to be the case is for the Virginia legilature to repeal that section of state law. UNTIL THEN, it is permissible for arrests and charges to be filed, although nearly any judge would dismiss the charges in light of the Lawrence decision.

The LAWRENCE DECISION DID NOT REPEAL anti-sodomy laws. It merely made conviction a practical unlikelihood.

So, yes… you can STILL be arrested in Virginia and (theoretically) prosecuted. Since this is true, you would permenently have an “arrest record” if a police officer wanted to target you.

THIS PROVES THE IMPERRATIVE NEED for all states to repeal their anti-sodomy laws and remove the criminal stigma that continues to be attached to them.

June 4th, 2011 | LINK

@ Mike. The Federal Reserve is NOT a federal agency. It is as federal as Federal Express. It is a private, central Bank. Yes, that’s right, greedy business men decide the money supply of our nation.

June 5th, 2011 | LINK

I didn’t read them, for the same reason I don’t read Yahoo comments anymore. I can imagine it’s full of ignorant remarks and spammed comments by redneck idiots and right wing nut jobs.

June 5th, 2011 | LINK

Okay, that’s wierd…I was commenting on the post above this one…I think.

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