Friday, February 26, 2010

Bob McDonnell is More Honest Than Tim Kaine

Like many, I am unhappy with Virginia Governor Bob McDonnell's decision to exclude sexual orientation non-discrimination protections from his new executive order that replaces predecessor orders signed by former governors Mark Warner (now in the U. S. Senate) and Tim Kaine (now DNC chair). I believe that the Virginia General Assembly needs to trump McDonnell and pass legislation that would give gay state employees true employment non-discrimination protections. Until that day occurs, an Executive Order signed by the Governor may give the appearance of protection, but I had the experience to see first hand just how ineffectual Kaine's Executive Order 1 (2006) was in practice and how former Governor Kaine made no serious effort to back the Executive Order's enforcement. The following is a press release authorized by my client, Michael Moore:
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PRESS RELEASE
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There has been much discussion in the media concerning Virginia Governor Bob McDonnell’s exclusion of sexual orientation from his new Executive Order which supersedes Executive Order 1 (2006) signed by former Governor Tim Kaine at the beginning of Kaine’s administration. Unfortunately, what is missing from the discourse is the ineffectiveness of Executive Order 1 (2006) and former Governor Kaine’s apparent utter failure to stand behind his own executive order. In the case of Moore v. Virginia Museum of Natural History now pending before the Supreme Court of Virginia, Michael Moore, who was fired by the Virginia Museum of Natural History located in Martinsville, Virginia, because he is gay sought protection under Executive Order 1 (2006). Throughout the administrative complaint process under Executive Order 1 (2006), Governor Kaine’s office was kept regularly up to date. Yet, despite the “Three Stooges” like nature of process as handled by the Virginia Department of Human Resource Management (“DRHM”), Governor Kaine did nothing to seek adherence to his executive order - even though the head of the Department of Natural Resources which oversees the Museum was Kaine’s own appointee.
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On appeal from the determination of DHRM which found improper discrimination against Moore based on his sexual orientation, but up held Moore’s dismissal on the basis of other false and fabricated allegations by Museum staff (which were inconsistent on their face), the Circuit Court of the City of Martinsville found that Executive Order 1 (2006) gave Moore no cause of action and the Court, which ignored constitutional issues, dismissed Moore’s appeal. The Virginia Court of Appeals side stepped the case and now the matter sits before the Supreme Court of Virginia waiting for oral argument. Had Kaine actually stood behind Executive Order 1 (2006) and demanded accountability from his appointees, the case could have been easily resolved. In reality, Executive Order 1 (2006) was an empty political gesture. While Governor McDonnell’s attitude towards LGBT Virginians is deplorable, McDonnell is at least honest about his agenda. Governor Kaine merely gave LGBT Virginian’s a false hope that their civil rights might actually be protected.
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For further information contact Michael B. Hamar- (757) 622-2008; mike@hamarlaw.com
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Now Tim Kaine is DNC Chair and in that position he is showing a similar reluctance to take any real stand for LGBT Democrats. Is it any surprise that Congressional Democrats are waffling on the repeal of Don't Ask Don't Tell even though a majority of Americans believe the anti-gay ban needs to go? Talk and actions merely for show are cheap. With Kaine at the helm of the DNC it's no wonder that Obama feels he can continue to throw LGBT Americans under the bus.

1 comment:

lat20004 said...

I totally agree with your description of former Governor Kaine and his inability to be forthcoming about his true feelings towards the LGBT community and their equal rights. His position now as the top Democratic officer of the DNC is troubling on many levels. The trajectory of discrimination towards LGBT people in VA took a serious turn downward after he was inaugurated in 2006.