Governor Overrides AG on Campus Issues
The drama in Richmond this week arose from an Attorney General letter to Virginia's colleges and universities stating that they could not have adopt anti-discrimination policies broader than what is in the State Code.
As a legal matter, that's a dubious point. As a political matter, it's a sure loser.
Senator Donald McEachin (D-Henrico) sponsored a bill earlier this year, SB 66, which would have prohibited state employees from being fired or discriminated against based on their sexual orientation. I co-sponsored the bill. It passed the Senate on a 23-17 vote, i.e. along party lines. In the House, it was defeated.
That's not new. Similar bills have been defeated before. What was new was the AG's recent insistence that a principle not mandated by state law (e.g. non-discrimination) cannot be individually applied by state institutions. Historically we give the executive branch the leeway to operate as it sees fit as long as it doesn't break state law or violate individual rights. Non-discrimination clauses do neither as long as they don't violate First Amendment rights.
Yesterday the Governor clarified that he will adopt a non-discriminatory policy, whether or not it's in the State Code. The Governor's statement effectively overrules the AG, as the Governor runs the executive branch. (note that Governor Kaine and Warner had formal non-discrimination policies adopted by executive order).
The legal points are arcane and, frankly, our campuses don't suffer discriminatory conduct -- with or without a law. The real point is that the AG is again gratuitously starting legal battles that he cannot win.
I served with Ken Cuccinelli in the Senate and I count him as a friend, although I didn't vote for him in November. I know he can do a lot better than this.
Well Ms. Johnson, your chickens have come home to roost!
This nonsense is typical of conservatives. This is what they do. In being conservative, they cling to the old institutions of racism, greed and lying for political gain.
This was a manipulation to eliminate the gains that have been made in society by some very brave individuals in the minorty. The AG basically said, "We wash our hands of any legal standing you have. You're on your own. Don't count on the government to support equality."
While this does not rise to the level of high crimes and misdemeanors, I suggest it is time to start a petition of recall of the AG. I'm not sure that we can recall him, but I for one would sign even a symbolic petition to let him know our displeasure.
Well.. it made my job pretty easy in terms of deciding whether or not to vote for him in the future as gov....
he's clearly defined himself and his intentions in that regard.
I definitely agree with you on this point: "As a legal matter, that's a dubious point. As a political matter, it's a sure loser."
I haven't been following this story too closely -- why did the AG choose to write this letter now? It seems kind of out of the blue. The letter makes Cuccinelli look like a mean spirit with nothing better to do than quibble about school policy.
Since Cuccinelli is your friend, do you think you could talk some sense into him?
Actually it's a public service to not talk sense to any who aspire to office who hold these kinds of views.
Cuccinelli did the honest thing. He is carrying out his office according to his deeply-held principles (I would assume).
I respect him for being honest about his views and acting on them forthrightly.
I don't agree with him but he should act according to his principles and we, as voters, need to be cognizant of our responsibilities to vote those into office that have principles we support.
that's a LOT BETTER than some of the dishonest feather-dancing BS we see with some candidates, eh?
I am actually ecstatic that he let us know his true feelings about these things. Other than the embarrassment factor when traveling outside the state it's good to know that he feel sexual orientation is a thing that can be discriminated against. I definitely will not be voting for AG Cucinelli for Governor, if and when that time comes.
To illustrate the ridiculousness of this point he made with his letter, if it were carried through, the schools could discriminate against straight people and fill Virginia Colleges and Universities with LGBT people. And he, the AG, has stated that he would not countermand that, although I don't think that situation is what he was thinking when he wrote his letter.
well what he did was more damaging than saying foolish stuff. He basically invited those who would do such a thing to go do it while the AG would pretend otherwise.
we went through a similar thing back in the 60's with massive resistance where those with responsibilities for all citizens chose to look away.