Late yesterday afternoon Virginia's Governor Bob McDonnell reversed his policy on discrimination based on sexual orientation. In his first Executive Directive, state employees are protected from discrimination based upon their sexual orientation.
McDonnell's move is damage control after the state's Attorney General, Ken Cuccinelli created a firestorm by advising all state institutions of higher learning that Virginia law did not support fully inclusive non-discrimination policies in their institutions and they should be removed.
As the following article states, Cuccinelli made a mess and McDonnell is attempting to clean it up.
Regardless of McDonnell's motivation, this is a limited victory for Lesbian and Gay Virginians who work for the state. If McDonnell had directed that all LGBT were to be protected from all discrimination in all circumstances, a complete victory for full equality would have been achieved. Unfortunately, this is not the case. Thus, we have damage control.
For Transgender Virginians, the $64,000,000 question is: When will we get some relief from discrimination at any level?
McDonnell's Sexual Discrimination Ban Applauded
Posted: Mar 10, 2010 11:14 PM EST
Updated: Mar 10, 2010 11:30 PM EST
The gay and lesbian community at UVA and in Charlottesville are applauding Governor Bob McDonnell's Executive Directive issued late Wednesday that bans discrimination in state agencies, schools, and departments based on sexual orientation. Edward Strickler is with UVA Pride, an association representing the University's lesbian, gay, bisexual, and transgender community. "Everyone that I know was delighted," said Strickler. "We were very glad that the Governor was courageous in this way and bold to say all Virginians are worthy of respect and equal justice." A day earlier, more than 24 UVA Pride members and supporters met to come up with a game plan to fight back, and the controversy caused by Attorney General Ken Cuccinelli's opinion that colleges and universities rescind portions of non-discrimination policies that include "sexual orientation" was gaining steam statewide. UVA Center for Politics Director Larry Sabato said, "The Attorney General made quite a mess and the Governor had to clean it up." Sabato understands how the public could perceive this fight playing out as a case of "good cop, bad cop", but the Governor and Attorney General share little more than their Republican party affiliation. "The Governor comes across as reasonable and inclusive," said Sabato. "The Attorney General comes across as somebody who literally picked an unnecessary fight that didn't have to be fought." It's a fight many expected to last much longer. Now, Charlottesville's gay community is celebrating the Governor's quick clarification of Virginia's non-discrimination policy. "I had expected we were in for a lengthy and difficult battle, so I'm very happy that this has been resolved so quickly and so sensibly," said Charlottesville attorney Andre Hakes. Attorney General Cuccinelli issued a response late Wednesday saying, "I applaud Governor McDonnell for the tone he is setting for the Commonwealth of Virginia. I will remain in contact with the Governor and continue to work with him on issues important to Virginia. I expect Virginia's state employees to follow all state and federal anti-discrimination laws and will enforce Virginia's laws to the fullest extent." Reported by Matt Talhelm
University Of Virginia President John Casteen's Letter:
To All Students, Faculty Members, and Staff:
I am including a copy of Governor McDonnell¹'s Executive Directive No. 1, which was issued this afternoon. You may receive this document directly from the Governor later tonight. This directive prohibits discrimination against any person (including students and employees) within the public colleges and universities, and grounds this prohibition in Constitutional protections that belong to all of us.
Please read the document carefully, and note particularly these sentences in the second paragraph: ³The Equal Protection Clause of the United States Constitution prohibits discrimination without a rational basis against any class of persons. Discrimination based on factors such as one¹'s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution. Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited.²
Because the public colleges and universities are Executive Branch agencies, this directive applies to the University of Virginia. The Governor¹'s citation of the 14th Amendment (the Equal Protection Clause) moves this issue to the highest level of law in the United States. Impasses of the kind that the Governor¹'s Executive Directive resolves occur from time to time. They are not commonplace, but of course neither is the combination of wisdom and bravery embedded in the Governor¹'s directive.
As impasses are resolved, it is not unusual for the Governor and other state officials to provide implementation guidance. The Governor and others who have worked on these issues throughout the week need to devote their time now to the State¹'s budget crisis and to other matters that must be addressed as the General Assembly wraps up this session¹'s work. This directive¹'s eloquence and clarity set it apart from many policy statements that come from all sorts of sources.
Perhaps needless to say, I am personally grateful to the Governor for it. This had become an uncommonly troubling issue, one that cuts to the core of our common claims to the most fundamental kinds of personal security under the rule of law. Discussion will undoubtedly continue, as it should in a free society that thrives on open discourse. But as rightly alarmed as many of us and I myself were by last week's Attorney General's letter, I was struck through the week by the wisdom and dignity of the discussion that occurred. Let us hope that the subsequent discussion will rise to the level of the model struck in the directive.
I am profoundly grateful to Governor McDonnell, to others who have helped to reason through this matter, and of course to you for the civility and decency with which you have pondered these issues. And thank you for the notes of advice that have come this week.
Best wishes,
John Casteen |
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