In to the Vortex - Moore v. Virginia Museum of natural History

With all of the political maneuvering by Virginia Governor Bob McDonnell in the wake of Attorney General Ken Cuccinelli's directive to Virginia public colleges and universities to rescind non-discrimination policies that included sexual orientation as an enumerated class - including the Governor's Executive Directive 1 (2010) issued yesterday - would think the situation could not get more convoluted and confusing. Yet, now the Supreme Court of Virginia will hold oral arguments on the case of Michael Moore v. Virginia Museum of Natural History on March 31, 2010. Moore was an employee of the Virginia Museum of Natural History who was terminated in November, 2006, for being gay. The Williams Institute has references to the case here as an case where an gay employee was terminated because of his sexual orientation by a public entity in Virginia. The irony is that yours truly, who is neither a litigation attorney nor an appellate case attorney, now finds himself schedule to to present oral argument on March 31, 2010 before the Supreme Court of Virginia on March 31, 2010. Little did I know when I agreed to assist Michael Moore (pictured above) back in late 2006 because he could find no other attorney in Virginia to help him that circumstances would lead to this point.
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The case has been fully briefed - the Virginia Attorney General's briefs make statements diametrically opposed to statement is Gov. Bob McDonnell's Executive Directive 1 (2010) - and it is hard to tell what the Virginia Supreme Court will rule in the matter. If the Court adopts the Attorney General's arguments in the case, it will confirm that McDonnell's Executive Directive 1 (2010) is a meaningless political stunt. If the Court accepts the arguments in the briefs submitted on behalf of Moore, employment discrimination - at least when involving state agencies and departments - based upon sexual orientation/religious belief will be struck down as illegal under the U.S. Constitution. I am clueless as to how the Virginia Supreme Court will rule, but if the Court rules against Moore, it will likely cut the Governor's latest move off at the knee caps and endanger the prospects of Northrop Grumman moving its headquarters of Virginia. If the Court rules for Moore, Pat Robertson, The Family Foundation and other Christian Right puppeteers of Gov. McDonnell and Attorney General Cuccinelli will be having apoplexy.

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Truth be told, Virginia has a major problem in terms of negative PR and should the Court rule against Moore, chances of Northrop Grumman - not to mention other corporations that afford equal rights and protections to LGBT employees - coming to Virginia may be toast. Candidly, I never envisioned myself involved in a case that could have such severe consequences on the entire Commonwealth of Virginia, not to mention my client. I guess one never knows what fate may lay at one's feet.