Cuccinelli (R-Va.Attorney General) says public colleges can’t protect gays

[underpants]

Source: Richmond Times-Dispatch

Attorney General Ken Cuccinelli says Virginia's public colleges and universities cannot prohibit discrimination against gays because the General Assembly has not authorized them to do so.

In a letter Thursday to the presidents, rectors and boards of visitors of Virginia public colleges, Cuccinelli said Virginia law and public policy "prohibit a college or university from including 'sexual orientation,' 'gender identity,' 'gender expression' or like classification, as a protected class within its nondiscrimination policy, absent specific authorization from the General Assembly."

Cuccinelli said the recipients must consider the letter "as the opinion and advice" of the office of the attorney general. He said public colleges or universities that have included sexual orientation in their policies acted without proper authority and that those policies are invalid.

Cuccinelli cited a 2006 opinion by McDonnell, his predecessor as attorney general. McDonnell determined that an executive order by then-Gov. Timothy M. Kaine barring discrimination based on sexual orientation was unconstitutional because the General Assembly had not authorized it. He also cited opinions by other attorneys general going back to 1982.

Unlike his immediate two predecessors as governor, Mark R. Warner and Kaine, McDonnell did not issue an executive order specifically barring discrimination on the basis of sexual orientation.


Read more: http://www2.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/CUCC06_20100305-222004/328673/

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Virginia AG, Ken Cuccinelli, Tells Public Colleges To End Protections For Gay Students, Staff
http://www.huffingtonpost.com/2010/03/06/virginia-ag-ken-cuccinell_n_488477.html

[Lucky Luciano]

1. what an ass! nt

[LiberalFighter]

2. Will they pass a law to prohibit non-heterosexuals from attending their universities?

Will they change their constitution to deprive non-heterosexuals the enjoyment of life and liberty, acquiring and possessing property, and pursuing and obtaining happiness and safety?

[underpants]

6. If the gays were to have guns in Va. they would call out the Nat.Guard

and have the State Troopers swoop in

(see guns in bars law passed last week here in Va.)

[Dappleganger]

9. There ARE gays in Va with guns...

I know a number of them. They have them because they've been threatened enough to fear for their lives in certain areas by certain people.

[saigon68]

17. Good thing they aren't in ChiTown

They would get a good going over after being arrested and confined to the cook cty jail

[Zhade]

26. Saved my friend's life -- he was going to be hauled from his car...

...by a redneck driver that tried and failed to steal his parking space and blocked hm in with a truck.

My friend just lifted his shirt a bit to show the gun he had on him (registered concealed) and the guy paled and ran.

I don't like guns, but I can't deny that they can be and often are the only way for us queers to stay alive. And that's just wrong!

[Dappleganger]

33. It's very sad...

but guns can be the great equalizer when otherwise the odds are against you.

[greiner3]

15. Would that also apply to;

Gays with guns in gay bars?

[Jkid]

22. There's no need.

It's called hetrosexual privilege.

[Dappleganger]

3. Make sure to read the entire article

it will piss you off!

As a former Virginian it's appalling that they elected such an activist jerk of a AG. I hope that there are protests by students and faculty alike. The AG is being reactionary towards DC and is afraid of tey gay spreading...truth is that VA is one of the most anti-gay states in the nation on BOTH sides of the aisle. It's sickening that the only civil rights VA lawmakers uphold are for white landowners, ya know?

[underpants]

4. Cucinnelli is horrific (maybe even worse than "Bobblehead" McDonnell)

he is an "up and comer" in the Republican ranks and he is doing it by following the playbook

You are right this is just embarassing. I like that Va.Tech is just saying "we are ignoring your ignorance"

the other schools are just finding ways to get around it I am sure but you are right the Dems need to stop being so damned scared of this.

[Dappleganger]

8. Good for Tech.

Dh is a two-time graduate (undergrad and master's in mechanical engineering). I graduated from Radford...can't imagine how this is going to end well if the policy remains in place. No good can come from such an activist AG.

[mahatmakanejeeves]

38. Did you know that Cuccinelli's undergraduate major

was also mechanical engineering? He went to UVa for his BSME and to George Mason for his law degree.

I urge interested listers to head over to Equality Virginia where there is a link to the actual letter.

Equality Virginia

[enlightenment]

25. I think they can use a law/statute that is already on the books

The state passed a restructuring act in 2005, that granted much greater autonomy to the public colleges and universities, if they complied with the act - which has twelve broad points. Most deal with finances . . . but number twelve says that the institutions will assure the safety and security of all Commonwealth students on the campuses.

I'd think that part of providing that security would include protecting GLBT students from discrimination, since removing that restriction could open a real can of worms.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC23000000004000100000000
Title 23 - EDUCATIONAL INSTITUTIONS.
Chapter 4.10 - Restructured Higher Education Financial and Administrative Operations Act

[66 dmhlt]

31. As it is written, so let it be done.

You make a very encouraging point.

§ 23-38.88. Eligibility for restructured financial and administrative operational authority.

(snip]

B. The Board of Visitors of a public institution of higher education shall commit to the Governor and the General Assembly by August 1, 2005, through formal resolution adopted according to its own bylaws, to meeting the state goals specified below, and shall be responsible for ensuring that such goals are met, in addition to such other responsibilities as may be prescribed by law. Each such institution shall commit to the Governor and the General Assembly to:

(snip}

12. Seek to ensure the safety and security of the Commonwealth's students on college and university campuses.

This may be a more direct link to the applicable cited Code:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+23-38.88

[atreides1]

32. It does piss me off, and I live in Virginia

The blame for electing this ass hat goes to the Repuke fundies and those Idiots, I mean Independents who bought this man's line of BS.

In my view Independents are nothing more then a bunch of lazy fucks who sit on the fence and vote in what ever direction the wind is blowing at the time. If they have this much pull to affect elections here, New Jersey, and Massachusetts why don't they get off their asses and actually form a party that will last longer then a clove cigarette.

Of course I'm sure that some Democrats voted for this clown as well, probably those from the area he use to represent here in Northern Virginia.

So now we all get to suffer for the next 4 years at the hands of two theocratic ass hats, McDonnell and Cuccinelli, and Bolling the Lt Governor who spent more time sitting on company boards meetings then he did attending to his duties as Lt. Governor.

[spicegal]

5. I live in Virginian, and am really wishing people would raise some hell on this. It's disgusting,

but can't say I'm surprised. I knew Cuccinelli was going to be trouble during the campaign. You could tell he was a "culture warrior", intent on using his AG position to go after just this sort of thing. I'm also sure he did it with McDonnell's blessing.

[underpants]

7. HI!

fellow Richmonder :hi:

I saw this at the gas station (front page of the Richmond Times-Disgrace of course) and had to post it

Cucinnelli is a pro forma template Republican and I am sure he is one of the "next great bright lights" for their party

[No Elephants]

12. If you live in Virginia, you are the "people" to raise some hell on this. Go for it!

It has to start with someone.

[Neurotica]

27. He even bragged about how he was going to use the AG spot to impose his

morals (or something to that effect). The WaPo had a huge story about this prior to the election.

It's not like people didn't know. And I blame the more moderate Republicans for not taking a stand.

At least some local Republican bloggers are upset by this and are trying to get Republican leaders to speak out against this action.

[Faygo Kid]

10. Elections matter. This is just the start in Virginia.

Awful and sickening. McDonnell and Cuccinelli will make turning back the clock their top priority, no matter how much they ranted about roads, jobs, etc. during the election.

Wait until the women of Virginia see what those two have in store for them.

[No Elephants]

13. "Elections matter." Shhh. Virginia is close to D.C. Someone in D.C. might hear you.

Someone in Virginia might hear you, too because Kaine apparently got nowhere with this issue, either (though he at least did try).

"J. Tucker Martin, Gov. Bob McDonnell's director of communications, said "the legal analysis . . . is consistent with all prior opinions from the office of the attorney general over the last 25 years on the subject."

{snip}

Cuccinelli said the General Assembly has defined protected classes on the basis of race, color, religion, national origin, sex, pregnancy, childbirth, age, marital status or disability, but "on numerous occasions considered and rejected creating a protected class on the basis of sexual orientation."

{snip}

"Cuccinelli cited a 2006 opinion by McDonnell, his predecessor as attorney general. McDonnell determined that an executive order by then-Gov. Timothy M. Kaine barring discrimination based on sexual orientation was unconstitutional because the General Assembly had not authorized it. He also cited opinions by other attorneys general going back to 1982."

[malletgirl02]

35. I tried

I tried, I voted for Deeds because I knew this would happen if Mcdonnell got in.

[Faygo Kid]

37. All the best, thanks for your work, and good luck.

I don't have to tell you that you are going to need it.

[ixion]

11. sounds like another self-loathing (R) closet homosexual

IMO.

[donquijoterocket]

19. or

Another habitue of the C street theocracy project which he'd admit to just about as quickly as he'd admit to homosexual tendencies.I suppose that as most institutions affected receive an amount of state funding this lowlife has a club over their head.Were I a GLBT student I'd be looking for the first ride out of old Virginny.

[KeepItReal]

21. Seems like a classic example of it

Put this guy in the mental Rolodex....and wait.

[No Elephants]

14. Virginians need to harass the State Legislature.

[LiberalEsto]

16. Boycott Virginia

Don't spend a penny on anything made in Virginia or sold from Virginia. Don't travel to Virginia.

And don't forget to let the Virginia Chamber of Commerce know you're doing this, and why.
http://www.vachamber.com/

[Joey Liberal]

18. Screw Virgina and their Nazi Repugs.

Apologies to the many good Democrats there.

[Bill McBlueState]

20. 'they get public money, so the public can tell them what to do'

I suspect this is the logic behind it.

But I want to know -- to what extent do Virginia's 'public' universities actually get public funding? In many states, public higher education has almost gotten to where it's 'public' in name only.

[Name removed]

23. Deleted message

Message removed by moderator. Click here to review the message board rules.

[KamaAina]

24. The MCC should open up campus ministries

religion is defined as a protected class. :P

[boppers]

41. MCC? eom

[KamaAina]

42. Metropolitan Community Church

a denomination based in the LGBTQ community.

http://en.wikipedia.org/wiki/Metropolitan_Community_Church

The Metropolitan Community Church (MCC) or The Universal Fellowship of Metropolitan Community Churches (UFMCC) is an international Protestant Christian denomination. The Fellowship is considered by many to be a liberal mainline church. There are 250 member congregations in 23 countries, and the Fellowship has a specific outreach to lesbian, gay, bisexual, and transgender families and communities.

The Fellowship has Official Observer status with the World Council of Churches. The MCC has been denied membership in the US National Council of Churches, but many local MCC congregations are members of local ecumenical partnerships around the world and MCC currently belongs to seven state-wide councils of churches in the United States.

[lsewpershad]

28. A closet

gay me thinks

[COLGATE4]

29. Unfortunately, Cuccinelli is legally correct.

An Attorney General Opinion is not law. Until a Court or the Legislature has spoken on the subject there is no certainty. In many areas of our society sexual orientation has unfortunately not yet been deemed to be a protected class (which has the protection oantidiscriminatory laws). The people of Virginia should be outraged and demand that their Legislature remedy the situation rather than depending on the vagaries of a given Attorney General at the given moment.

[hayu_lol]

30. Hmmmmm...Any of those schools accept FEDERAL funding?

Some protections come with that handout.

Was a time when Virginia was a kinder-gentler state compared with the rest of the south. They've come a long way Baby.

[happyslug]

39. He seems to be correct, the real issue is what affect does this letter have?

A letter is NOT an Legal Opinion, as that term is used in many other states. I do NOT know what Virginian Law as to Opinions of the Attorney General, some states (Pennsylvania for one) has a rule that the Opinion of the Attorney General has the same affect as a law unless a court rules on the subject of the opinion otherwise. This only goes to official opinions of the Attorney General NOT a letter like the one sent by the Attorney General. Through it is within the power of any attorney to give advice in regard to the law. The Opinion cited by the Attorney General was a 2006 opinion on the Governor's ability to extend discrimination protection to cover Sexual orientation. The 2006 Attorney General Opinion said the Governor could NOT, it is up to the State Legislature to do so.

The 2006 Attorney General Opinion that is the base for this letter:
http://www.oag.state.va.us/OPINIONS/2006opns/05-094w.pdf

List of Opinions of the Virginia Attorney General:
http://www.oag.state.va.us/opinions/index.html

[Arkana]

34. Will the colleges step up and do it anyway?

[malletgirl02]

36. Probably

I think it is very likely they will.

[Blue_Tires]

40. Virginians who couldn't be bothered to vote last November, I thank you...

:sarcasm: