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The board that oversees Virginia’s juvenile correctional facilities has agreed to ban discrimination based on sexual orientation despite being counseled against such action by Attorney General Ken Cuccinelli II.
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In a unanimous vote Wednesday, three members of the Board of Juvenile Justice, all of them appointed by former Democratic governor Timothy M. Kaine, backed the ban, rejecting Cuccinelli’s contention that only the General Assembly can designate a special class of citizens.
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It was unclear exactly what the implications of the ban would be for Virginia’s five juvenile corrections facilities and for the more than 800 young people housed in the institutions.
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But the vote marked another instance where Cuccinelli’s office has become involved in an agency or board policy decision on discrimination.
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8 percent of boys and 23 percent of girls in juvenile detention identify their sexuality as other than heterosexual.
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In at least three other instances since McDonnell and Cuccinelli were sworn into office last year, state agencies have had to weigh protections based on sexual orientation against advice from the state’s top elected officials.
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In April, the State Board of Social Services accepted the advice of Cuccinelli and the McDonnell administration and overwhelmingly voted to continue a practice that some argue allows faith-based organizations in Virginia to discriminate in adoptions.
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But earlier, the state’s public colleges appeared to reject Cuccinelli’s counsel that they rescind policies that ban discrimination on the basis of sexual orientation.
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Last year, the Board of Corrections reaffirmed a policy prohibiting discrimination on the basis of sexual orientation, overruling concerns expressed by a representative from Cuccinelli’s office.
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My advice to non-Virginians is to avoid Virginia because of its official hostility to LGBT citizens. Likewise, I would strongly urge LGBT individuals to think twice before moving to Virginia. Frankly, I look forward to the day when I can get the Hell out of Virginia once and for all and move to a state where I am not viewed as a fourth class citizen.
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