My blogger friend Pam Spaulding has a great post up at Huffington Post that looks at some of the likely fallout from the latest directive from utterly insane Virginia Attorney General Ken Cuccinelli. As I have recounted a number of times, I frequently receive calls for LGBT individuals who have received job offers in Virginia concerning the status of employment non-discrimination laws in the state. Up until now, one of the few bright spots has been the non-discrimination policies adopted by Virginia's leading colleges and universities which have put in place non-discrimination policies that include sexual orientation. In addition to these colleges and universities, a number of municipalities have adopted similar policies (nearby Virginia Beach is one such municipality). Will the next shoe to drop be Cuccinelli directing these municipalities to likewise cease in decist in protection gay employees? Taken even further, does this mean that public schools cannot have policies to protect students from bullying based on sexual orientation? Cuccinelli has opened a Pandora's Box and I can easily see extremists - e.g., the haters at The Family Foundation - using his action to challenge non-discrimination all around the Commonwealth. Here are highlights from Pam's piece:*
The swing voters in Virginia that placed Bob McDonnell into the Governor's mansion have definitely given the green light to institutionalized homophobia. Now emboldened, even more anti-gay Virginia Attorney General Ken Cuccinelli II has made a sweeping declaration that all anti-discrimination policies at the Commonwealth's campuses that protect LGBT people must now be rescinded. Buh-bye recruiting goals for top talent Virginia!
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The blog of Queer & Allied Activism at the University of Virginia is worth a click to read its open letter to AG Cuccinelli and Gov. McDonnell. A snippet:
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It is unbelievable that our "jobs governor" and his attorney general want state employees to be able to fired, or never hired to begin with because of who they are. This move sets the tone for the state and university and sends the message that LGBTQ individuals are not welcome in Virginia and is a clear flip flop on his campaign promise not to promote a social agenda. As students, we need to be worrying about our class work, not contemplating how our daily lives are going to change or whether our jobs, or even our lives are safe because of the negative attitude our government is taking.
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In a time when steps should be taken to bar discrimination in all forms, embrace diversity, and provide equal benefits for all people, we feel like the leadership in Virginia has taken a huge step backwards with these actions. And these actions are being watched closely by those in Virginia and beyond. Such blatant targeting of a minority group has no place in Virginia, or anywhere for that matter. Virginia is already an unfriendly place for LGBTQ individuals, with McDonnell's removal of sexual orientation protections with his executive order (reversing the order made by former governors Kaine and Warner) to the controversial Marshall-Newman Amendment, which defines marriage in the state of Virginia as being between a man and a woman. This act by Attorney General Cuccinelli makes Virginia an even more hostile place to live and work.
What does it say to all of the employees who came out of the closet during the tenures of Govs. Kaine and Warner, knowing it was safe to do so on the job, free of fear of a superior targeting them because of their sexual orientation? You cannot unring the bell. The closet door cannot be fixed once it's kicked off of hinges. Virginia's AG has just told the homophobes to get out the torches and pitchforks.
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Who else is to blame when the guillotine falls? The independent and progressive voters who chose to stay home when it was clear McDonnell was ahead. The independents lured by McDonnell's "jobs" messaging, when it was clear he had a grade A wingnut social conservative background. . . . Virginia is for lovers. I predict these "lovers" in government will be seen in court soon.
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In reality, the issue is already in court with the case of Moore v. Virginia Museum of Natural History pending before the Virginia Supreme Court. The Virginia Supreme Court could end this witch hunt for gays once and for all by relying on U.S. Constitutional protects to cut Cuccinelli off at the knees. Time will tell whether or not the justices have the courage to do the right thing.
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