Virginia Localities Are Adding Gay Employment Protections

The political puppets of The Family Foundation ("TFF") in Richmond have succeeded in blocking efforts to protect employees in Virginia from discrimination based on sexual orientation. Like other anti-gay faux "family values" organization's, TFF's agenda is basically one of making life as much of a living Hell for LGBT Virginians as possible and then pretending that it is the Christianists, not LGBT citizens, are being persecuted. I learned long ago, that if TFF head, Victoria Cobb's lips are moving, it's pretty good bet she lying. Faced with a lack of progress at the state level, more Virginia localities are adding sexual orientation and gender identity language to their non-discrimination policies in the hopes of attracting top talent and giving a less backward appearance to their jurisdictions. With Bob "Taliban Bob" McDonnell and Ken "Kookinelli" Cuccinelli continuing to make Virginia look like a gathering of Neanderthal's it's a tough sell for localities to say that they are progressive. Locally, Virginia Beach and Chesapeake have adopted their own gay friendly policies and other cities are contemplating a similar move. Time will tell how the trend plays out. The Virginian Pilot looks at the trend:
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Of the roughly two dozen Virginia localities with policies in place to protect gay and lesbian government workers, South Hampton Roads is home to two – Chesapeake and Virginia Beach.
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Norfolk may soon join them. While the city doesn’t include sexual orientation in its employment policy, Norfolk Mayor Paul Fraim said the guiding principle “is not to discriminate against anyone for any reason.” Fraim said City Attorney Bernard A. Pishko told him City Manager Marcus Jones could put that policy in writing without City Council’s approval. Fraim said he will recommend that Jones do so.
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But even as jurisdictions consider adding them, questions remain about how much legal weight these policies have. Past guidance from the Virginia Attorney General’s Office suggests local governments lack the authority to impose them unless the municipalities are granted that power by the General Assembly.
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When McDonnell became governor, he did not mention sexual orientation in an executive order on employment policy. But after Cuccinelli’s advice to colleges sparked a controversy, McDonnell followed up with a directive to state executive branch agencies that prohibits “discrimination based on factors such as one’s sexual orientation or parental status” because it violates the Equal Protection Clause of the U.S. Constitution.
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Family Foundation president Victoria Cobb disagrees. Localities that approve those policies may succeed in making a political statement but not much else, said Cobb, whose organization has opposed efforts to expand gay rights.
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To Cobb, the legal question was settled in an April 2000 state Supreme Court ruling against Arlington County’s plan to extend health benefits to employees’ domestic partners, including those of the same sex. The court found that it violated the Dillon Rule, which holds that local governments have only those powers granted to them by the state legislature.
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Others aren’t so sure. Bill Hefty, an attorney and lobbyist who specializes in local government issues, isn’t aware of definitive case law on the subject.