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From GayRVA: Attorney General Requests VA Colleges Remove Non-Discrimination Policies for LGBT

Posted by: ian – Mar 09, 2010

In a bold move certainly geared towards appeasing his socially conservative constituents, Attorney General Ken Cuccinelli issued the following advice to the General Assembly:

“It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college or university from including “sexual orientation,” “gender identity,” “gender expression,” or like classification, as a protected class within its non-discrimination policy, absent specific authorization from the General Assembly,” Kuccinelli wrote.

We disagree for a variety of reasons, however we'll defer commentary to GayRVA as they've collected statements from Equality Virginia and the VA ACLU.

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2 Comment(s)

This statement from Equality Virginia is an outright lie:

"Virginia Attorney General Ken Cuccinelli Jr. has sent a letter to the governing boards and presidents of the Commonwealth's public colleges and universities directing them to rescind policies that ban discrimination on the basis of sexual orientation, arguing that the colleges have no legal authority to adopt such statements."

The letter did no such thing. It gave advice and told universities that such policies lacked authority. He does not have the power to "direct" universities to rescind policies, and the letter did not state that in any way, shape or form.

You do harm to your cause when you over state the truth like this.

— Posted by: Anonymous on March 9, 2010 - 11:43pm

I don't think the statement by Equality Virginia is truly disingenuous, although it is errant. It is correct that Cuccinelli does not have the authority to direct universities to rescind policies. However, Cuccinelli is advising the General Assembly to directly prohibit colleges from protecting their students and faculties from gender-based discrimination, noting that the Virginia Human Rights Act states policy to safeguard Virginians & all those within the Commonwealth from unlawful discrimination, and that the General Assembly has many times failed to create a gender-based protected class outside of normally defined sexism.

Cuccinelli's assertions are clearly bigoted and his modus operandi is obviously not to protect universities from enacting unenforceable policies. I maintain that his goal is divisive politics and affirming his long record of queer and gender-role antagonism.

— Posted by: ian on March 10, 2010 - 12:06pm

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