Friday, March 19, 2010

Has Cuccinelli Just Endorsed Using Virginia's Unconstitutional Sodomy Statute to Harrass Gays?

The other day I did a post on The Bilerico Project with respect to Equality Virginia's ongoing efforts to engage Virginia's public colleges and universities in pressuring Virginia Governor Bob McDonnell and the Virginia General Assembly. Previously, Equality Virginia had encouraged Virginia residents and alumni of Virginia colleges and universities to call the Governor's office and the Attorney General's office to express their dismay and displeasure with the anti-gay approach adopted by both McDonnell and Cuccinelli. From what I have heard, both offices were inundated with calls with some VCU students bombarding Cuccinelli's office with calls. One reader left a comment on my Bilerico article that describes his experience calling these elected officials and part of it is VERY troubling and suggests that Cuccinelli is by no means done with his anti-gay crusade. This comment - which is extremely troubling - was left on my Bilerico post and I have confirmed with the writer that it is a legitimate account of his experience:
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I telephoned both the Office of the Governor of Virginia and the Office of the Attorney General of Virginia concerning the very public stance they've taken concerning non-heterosexually oriented persons in their state.
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I also took this chance to complain to the Attorney General concerning a practice of some of Virginia's local law-enforcement jurisdictions, where they continue to make arrests for violations of Virginia's sodomy laws, imprisoning men for violations of those laws, then having the judges dismiss those charges when the men are brought to trial - not at arraignment, but at actual trial. I reminded the Virginia AG's Office of Lawrence v. Texas, and how the Supreme Court had issued a decision which negated all sodomy laws, nationwide.
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The AG's Office informed me Virginia has not repealed their sodomy laws, so that arrest under those laws was still justified, and the process in place was correct: local jurisdictions follow the laws on the books, a trial court dismisses those charges to conform with federal court decisions; that was "how the system works."
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Then the kicker: "Y'all don't even live here, so it really doesn't affect you. Goodbye." Click.
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I have heard instances where such arrests have indeed been improperly made, but to have the Virginia Attorney General's office to endorse arrests under a statute struck down by the United States Supreme Court is an outrage and certainly raises yet more questions about Cuccinelli's fitness for office. I encourage readers to call the Governor's office and the Attorney General's office on this issue: Attorney General - (Office of the Attorney General; 900 East Main Street, Richmond, VA 23219; 804) 786-2071; Governor - Virginia Governor Bob McDonnell, State Capitol, Richmond, VA 23219; Fax:(804)371-6351; Tel:(804)786-2211;

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