Sunday, February 28, 2010

Did New Virgina AG Ask Virginia Universities to Overturn Sexual Orientation Policy?

I have said a number of times that Virginia's new attorney general, Ken Cuccinelli, makes Christianist governor Bob McDonnell look moderate and sane. As the Washington Post is reporting it seems that the always rabidly homophobic Cuccinelli may be trying to pressure the University of Virginia and William and Mary - and likely other Virginia colleges and universities - to rescind their non-discrimination policies that include protections based on sexual orientation. A number of the top colleges and universities in Virginia adopted such policies not only because it was the right thing to do, but also because without the policies they were rendered non-competitive in recruiting and retaining top faculty and personnel. I am sure Cuccinelli - who if he could would turn Virginia into a Bible thumping theocracy - finds tolerance of gays offensive. He and his buddy Bob Marshall in the Virginia General Assembly would rather stone LGBT Virginians and drive us from the state. Here are highlights from the Washington Post blog:
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In a letter urging Northrop Grumman not to choose Virginia for the site of its new corporate headquarters, a Maryland state senator claims that Virginia Attorney General Ken Cuccinelli (R) is trying to get universities to overturn policies barring discrimination on the basis of sexual orientation. The assertion was neither confirmed nor denied Friday by Cuccinelli's office or the College of William and Mary, the institution to which the senator, in an interview, said he was referring.
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"Virginia's new Attorney General is reportedly seeking to have Virginia's universities rescind their policies banning discrimination based on sexual orientation," he wrote. In an interview, Madaleno said he had heard from associates in Virginia that William and Mary had received legal advice from Cuccinelli regarding its nondiscrimination statement.
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Brian Whitson, a spokesman for William and Mary, said it was university policy not to comment on any legal advice given to the public school by the attorney general's office, which formally serves as its counsel. He said he could not confirm whether the school has received any guidance from Cuccinelli on the issue and referred questions about the attorney general's position to his office. Chief Deputy Attorney General Chuck James Friday also would not confirm whether such a memo exists, citing attorney-client confidentiality.
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James and Cuccinelli spokesman Brian Gottstein did say, however, that it has been the longstanding opinion of the attorney general's office that the authority to extend legal protections on the sexual orientation rests with the General Assembly, which has repeatedly declined to pass legislation to do so.
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"There's been consistent advice from the attorney general's office for more than a decade: the General Assembly is the only authority that can determine protected classes," Gottstein said. "It is a legislative determination and Virginia universities and colleges have no authority to determine what are protected classes in Virginia."
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According to Whitson, there are no plans to remove language about sexual orientation from William and Mary's existing policy. The Faculty Assembly recently asked that the policy be expanded to also include "gender identity and expression," a request the school's president is now examining.
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"We're working on a way to do it in a way that relates only to William and Mary and avoids the appearance of trying to set policy beyond our campus," Whitson said. "With or without the clarification, we do not discriminate at William and Mary."
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While it is true that prior attorney generals have sought to undermine the universities' policies, what the article omits stating is that ALL of the attorney generals doing so have been far right Republicans. Cuccinelli is a menace and I can only hope that at some point his insanity evidences itself in such a way that he's forced from office. If he and Bob McDonnell are the "new" GOP, the nation is in grave danger.

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