You are here: Home » Featured » Virginia AG Cuccinelli Defends Stance On LGBT Discrimination In Virginia’s Universities

Virginia AG Cuccinelli Defends Stance On LGBT Discrimination In Virginia’s Universities

03/14/10-by Bridgette P. LaVictoire
Virginia Attorney General Ken Cuccinelli II is defending his letter in which he states that he believes that institutions such as colleges and universities do not have any basis for legal protections for gays and lesbians. He stated that universities “don’t have any more authority than the General Assembly gives them, which is a similar position as the localities. And until the General Assembly gives them more authority, they’re quarantined by what they’ve got.” Of course, in the face of local and national pressure, Virginia Governor Bob McDonnell weakly issued a directive to tell state agencies not to discriminate against gays and lesbians, but, of course, that directive has about as much legal authority as a wet pieces of paper in the rain.

AG Cuccinelli does concede that the discrimination of gays and lesbians is an irrational one, as stated in Governor McDonnell’s directive, and that the courts have found that discrimination based upon an irrational category is unconstitutional. Which, on its face, would mean that AG Cuccinelli’s beliefs on this one are his own personal biases instead of being anything borne of legality. Federal law trumps state and local law.

AG Cuccinelli was also not surprised that the push back against his statements came from the universities. He stated that campus activism is a long standing tradition in the United States. Part of the reason why the push back happened in the universities, it should be noted, is that his letter was directed specifically against the universities.

Jon Blair, executive director of the gay rights advocacy group Equality Virginia, has called upon Governor McDonnell to make sure that his directive is enforced and that protections for gays and lesbians be written into the legal codes of Virginia. Whether or not McDonnell, who is a Republican, follows any suggestion like that will remain to be seen. While the more Libertarian wing of the Republican Party is gaining traction of late, the Social Conservatives are still very much in force within the GOP and they have a very dim view regarding anti-discrimination laws covering gays and lesbians.

Cuccinelli not giving in on colleges’ gay bias policies