Virginia’s Governor Weakly Overrides Attorney General’s Statement Allowing LGBT Discrimination In Virginia

03/11/10-by Bridgette P. LaVictoire
Yesterday, Virginia Governor Bob McDonnell bowed to pressure from college administrators and students as well as LGBT groups and reversed Attorney General Kenneth Cuccinelli’s directive stating that colleges did not have the authority to ban discrimination against gays and lesbians. Governor McDonnell had campaigned on the promise that he would not reverse the policies of his predecessors when it came to discrimination. Instead, McDonnell rather pointedly did so and did not extend the policies of his predecessors regarding discrimination against gays and lesbians.

Matters became worse when AG Cuccinelli weighed in and tried to implement a full out ban on banning discrimination. At that point, pressure mounted, and Governor McDonnell issued his own directive regarding the issue.

Governor McDonnell comes, largely, from the Fiscal Conservative wing of the Republican Party despite his background within the Social Conservative wing. In what is a rather large slip up, McDonnell decided to appeal to the Social Conservatives when even within his own party, more and more people are supportive of LGBT Rights. This includes rather prominent figures within the Party, and the most notable among them is young Meghan McCain, daughter of Senator John McCain. In addition to her, former Vice-President Richard Cheney has stated that he is in support of same-sex marriage and other LGBT rights.

Virginia itself is undergoing a massive change in its social and political makeup. The state is slowly turning more and more blue, and a Social Conservative is more likely to find themselves in political trouble than a Fiscal Conservative. Additionally, with the passage of marriage equality in Washington, DC, Virginia stands to loose population and business to the city. Too tough a stance on LGBT rights could result in Virginia losing out majorly. Businesses might choose to locate to Delaware, Maryland or Pennsylvania instead of Virginia when the state’s LGBT protections do not mesh with their own, and businesses could end up losing valuable human assets if they move to that state.

Of course, Governor McDonnell can now play both sides against each other and claim that he was forced by those ‘darned liberals’ to extend rights to gay and lesbian groups. What is more, by his directive, he issues a weak statement on LGBT rights instead of a strong one that would happen with an executive order. This means that the protections afforded to LGBT Americans in Virginia’s State Government are pretty much up to the discretion of the person officiating over that office instead of being a blanket ban. This allows the colleges and universities to ban discrimination, but would not prevent the Department of Motor Vehicles, for instance, from discriminating against gay or lesbian employees.

All in all, Governor McDonnell is hoping that no one will take a good look at what he has done and say “what a nice Moderate Republican” instead of wondering what kind of games he is playing with the rights of a minority group.

What follows is Governor McDonnell’s letter to the state agencies as well as a clip from the Rachel Maddow Show covering this particular issue.

Dear Fellow State Employee:

Early in the Administration, the Governor authorized the issuance of an Equal Opportunity in the Workplace Directive to employees of the Office of the Governor that reflects his strong position that employment discrimination for any reason other than merit and ability has no place in state government. While the separation of powers doctrine precludes the Governor from changing the Virginia Human Rights Act via Executive Order, he wants to be clear that discrimination in state employment will not be tolerated. As the chief executive officer for the Commonwealth, the Governor wants to establish a clear standard of conduct ensuring that all cabinet members, agency heads, managers, supervisors and employees of the Executive Branch understand and enforce state and federal law prohibiting employment discrimination. Independent agencies and state supported colleges and universities should likewise adopt a similar standard of conduct. This standard of conduct is set forth in the attached Executive Directive One.

It is the Governor’s Directive that Executive Branch agencies attract and retain the best and the brightest people to state public service, and that all feel welcome and appreciated as they serve the citizens of the Commonwealth. We have a talented state workforce, which is doing excellent work in very tough budget times. We also have outstanding cabinet members and managers, where excellence and fair treatment is the great norm, and discrimination is the extremely rare exception.

On behalf of the Governor, I want to thank you for your cooperation and assistance with implementing this Directive, and for making Virginia state government a welcoming and productive place to fulfill one’s professional

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Read the letter: McDonnell bars discrimination against gays