2024 HOD Candidate Questionnaire Response

Name Marty Gearheart

Office Sought House of Delegates

Party Affiliation Republican

District 37

Your Hometown Bluefield

Campaign Website 

On June 24, 2022, the US Supreme Court overturned Dobbs v. Jackson Women's Health Organization, effectively overturning Roe v. Wade. As a result, the WV legislature enacted a near total ban on abortion less than three months later. With no access to or Constitutional protections for abortion, what do you think abortion policy should look like in West Virginia?

Current law is how abortion law should look. 

Several West Virginia municipalities have passed ordinances that expand the definition of racial discrimination to include discriminating against traditional or natural hair textures and styles. Would you support expanding this protection statewide?  Why or why not?

No

Many states have created laws that seek to limit the teaching of "divisive concepts" or "critical race theory".  West Virginia narrowly missed passing a similar law during the 2022 Legislative Session.   What is the value or harm in teaching these topics and what role should the legislature play in determining this curriculum?

CRT appears simply to be teaching blame. I find that harmful. 

Currently there is no statewide law protecting people in matters of employment, housing, and public accommodations based on their sexuality or gender identity. Proponents claim these protections are necessary to end the ongoing discrimination against the LGBTQ community. Opponents claim that such protections infringe upon religious beliefs. What do you believe and would you support or oppose a statewide law?

I do not support the expansion of protected classes. 

During the 2024 legislative session, the Senate passed legislation mandating, “In God We Trust” be posted in all West Virginia schools and permitting teachers to discuss ‘creationism’ and ‘intelligent design creationism’ as part of public-school science curricula. What role do you think religion should play in the public school system, and why?

Religion is part of the founding and establishment of our country.  I do not that religion should be taught, however, I do not think personal expression of faith should be suppressed. 

In 2023, West Virginia lawmakers passed HB2007, severely restricting access to gender affirming healthcare services for West Virginians under the age of 18. Proponents of the legislation claimed it was about keeping kids safe, and opponents argued in favor of parental rights and medical freedom. What role, if any, do you believe government should play regarding medical decisions relating to gender affirming healthcare services, and why?

Children do not have the rights of adults. This treatment is life altering and potential dangerous based on the opinion of a child that is less than fully formed mentally, physically, and spiritually. I support the legislation. 

Though abolished in 1965, lawmakers have introduced multiple bills designed to reinstate the death penalty. What are your thoughts on capital punishment in general, and would you support or oppose the effort to reinstate the death penalty in West Virginia?

I think the death penalty could be appropriate under very narrow circumstance. 

There is increasing tension with communities of people who are unhoused or face housing insecurity. Police breakups of encampments are common, and municipalities have shown growing opposition to low-barrier housing and recovery housing. How would you address community concerns while protecting the rights of unhoused people?

Much of the phrasing used in this question reflect the response you desire.  There is no reason for one to not have shelter in today's world. Services, unemployment, welfare, charity care are all available.  There is a hand up. Many may prefer a handout. 

Police violence has been in the forefront of national headlines for several years.  Some propose more civilian oversight of law enforcement through civilian review boards that could review incidents and policies.  Others view these boards as "anti-police" and point out that civilians are ill-equipped to understand the nature of police work.  Do you support the use of civilian review boards?  What other steps, if any, should the state take to provide transparency and accountability for police?

Police have supervisors and ultimately the governing entity that hired them to evaluate and review. They also must face the judiciary for illegal actions. 

Jails in West Virginia are above capacity and are bankrupting some counties.  Prisons are understaffed, making them dangerous for residents and staff alike.  What steps, if any, should West Virginia take to address these issues?

Many steps have been taken including pay raises for correction workers.  I have had a bill in the system for years for a pilot for a self-sustaining prison for specific offenders that offers work and an opportunity for early release. 

Currently, people coming out of incarceration on probation, parole, or supervised release for a felony conviction are unable to vote. When, if ever, do you think people should lose their right to vote?  When, if ever, should that right be restored?

For felons I don't support the restoration of this right. 

Across the country, there is controversy about what is obscene.  Often these focus on sexual education, content that discusses sexual orientation or gender identity, profanity, and references to sex.  This controversy has led to renewed attempts to censor or restrict access to controversial material.  What do you think is the proper role of the government in restrict material like this and where do you draw the line at what is obscene?

Material available to minors should not be obscene.