According to the Richmond Times Dispatch the Attorney General has advised public institutions of higher learning in Virginia that they cannot make sexual orientation a protected class.

Attorney General Ken Cuccinelli says Virginia’s 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: the law and public policy 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.“

What kind of state do we now live in?  The Richmond Times Dispatch further  states:

He said the recipients must consider the letter “as the opinion and advice” of the office of Attorney General.

And the recently elected Attorney General said those colleges or universities that have included sexual orientation in their policies acted without proper authority and those policies are invalid.

Tucker Martin, Gov. Bob McDonnell’s director of communications, noted that “the legal analysis . . . is consistent with all prior opinions from the Office of the Attorney General over the last 25 years on the subject.“

But Martin added: “The governor will appoint board members based solely on their ability and on their strong commitment to educational excellence in Virginia. The governor expects that no Virginia college or university, or any other state agency, will engage in discrimination of any kind.“

Governor McDonnell can’t have it both ways.  Is he saying that colleges cannot forbid bias on the basis on sexual orientation but people aren’t to discriminate?     What kind of bizzaro-speak is that?  Do we now have an honor system?  How far will this go?  Can we fire the gay History professor because he is seen having dinner with a male companion?  Can we decline admissions to anyone who openly confesses to being gay?  Or can students scream “faggot” and “queer” at those suspected of being gay as they walk across campus?

Supposedly a directive from the governor’s office forbids discrimination for anything other than merit or qualification.  We all know how those 2 abstractions can be abused.  Those words have vague meaning when trying to prove discrimination.

The Richmond Times Dispatch has posted statements from several of the state schools.  All seemed to have very guarded remarks:

Most of the state’s public universities have policies prohibiting discrimination based on sexual orientation. Today they were exploring how to react to Cuccinelli’s letter.

“Our policy covers some things the attorney general says it can’t,“ said University of Mary Washington Rector Nanalou Sauder. She said the board and UMW administrators will need to discuss what action the university can take.

“We expect that there’s going to be significant reaction from the university community as they learn about it,“ said Virginia Commonwealth University spokeswoman Pam Lepley.

College of William and Mary spokesman Brian Whitson said the letter would need to be closely reviewed before the college can determine how to proceed.

“William and Mary has had a long tradition of inclusion and diversity,“ he said.

The University of Virginia had no comment. “The university received a letter—marked privileged and confidential—from the attorney general. Any questions about the letter will need to be addressed to the attorney general or his office,“ spokeswoman Carol Wood said in a statement.

Virginia Democrats expressed strong disapproval:

Democrats, including Warner, the Democratic Party of Virginia and the Young Democrats of Virginia condemned Cuccinelli’s opinion.

“I am puzzled why the Attorney General would authorize our public colleges and universities to discriminate,“ Warner said in a statement.

“A decision on whether to hire, promote or offer admission should be based on whether or not the individual is qualified—period.“ “I think Governor McDonnell would be wise to reign (sic) in his Attorney General and get him back to doing the work of the people,“ said C. Richard Cranwell, chairman of the state Democratic Party.

“I believe the Attorney general’s advice will hurt the ability of our colleges and universities to attract the very best faculty, staff and students and damage the Commonwealth’s reputation for academic excellence and diversity,“ Warner said.

Perhaps a good class action law suit in in order.   Does the General Assembly have to approve all policy at colleges and universities?  Cuccinelli is a bigot and he is spreading his bigotry throughout the Commonwealth.  He should be recalled.  Unless Virginia is an anomaly, 10% of its residents are gay.  Is Cuccinelli attempting to codify discrimination against them?   This move is a giant step backwards for civil and human rights in Virginia.

Washington Post Article on Cuccinelli

Link to letters sent to colleges and universities

132 Thoughts to “Cuccinelli Says Public Colleges Can’t Protect Gays”

  1. NEED…BWAAAAhahahahaahah. Those old geezers.

    Rick, back on your leash. ENOUGH.

    Whoever encouraged Rick: STOP! He can get much worse. MUCH MUCH worse.

  2. I expect all the college newspapers will be out today, hanging Kookoonelli in effigy. I am sure his decision has gained national attention. It didn’t make SNL however.

    Remember that his edict is 2 fold: employment and student body related.

  3. Interesting. When did Cuccinelli send his letter to the colleges and universities? Friday? This week is spring break. Does anyone other than me think that might have been accidentally on purpose?

    Is he hoping that the news will dissipate in a flood of spring break grain alcohol? Does he hope the students will be awash in apathy upon their return?

    I was doing a morning stroll to pick up some student newpaper links when the light blinded me…those guys are all on spring break this week. See NEWS SOURCES on the top tab.

  4. PWC Taxpayer

    So Moon, & Co. are you objecting to the fact that the State of Virginia has not created a new sexual minority as a legal class for special priveleges, protections, admissions and subsidies or the fact that Cucinelli has asked that state owned universities not create their own law, and the creation of additional new legal liabilities to the State? As I read the letter, all Cucinelli is doing is putting a shot accross the bow of such universities that the State is not and will not be a party to such extra-legal recognition.

    This is not a question of whether it is appropriate to teach elementary school children that this deviant behavior is or is not acceptable nor is it a case where assult laws do not protect such individuals — so don’t go there. It is a warning that such universities may be on their own in this area until and unless the General Assemby acts otherwise. Yeah, he’s really out there. IMHO, its about time we had a lawyer and not a rank climbing politician for Attorney General

  5. Rick Bentley

    PWC, I make a leap like that because it seems that Cuccinelli is preoccupied with gay issues. Why is he thrusting himself into college policies? What “issue” is he trying to address?

  6. Rick Bentley

    Need to Know, your post reminded me of this whole “controversy” –

  7. Rick Bentley

    Were I hostile to Greg or to HSM I would create a fake flyer or fake e-mail announcement claiming there would be a screening of “Weapons of Ass Destruction” in the City Council Chambers next Thirsday night.

  8. Rick Bentley

    (sponsored by Johnson & Johnson)
    (and Ken Cucinelli)

  9. Rick Bentley

    All jokes aside, this is just so small-minded and backwards thinking – it’s just bizarre to me. To some extent it’s a tempest in a teapot.

  10. Totally agree Rick. Tempest in a teapot. Cuccinelli wants to be the cultural warrior rather than the AG. Many conservatives have turned on him over this one also.

    Tax, my position is stated in the original post.

  11. Rick, I would like you to email me that “weapons of ass destruction” fake flyer before you distribute it. snicker!

  12. That ‘controversy’ was deplorable. That was politics at its nastiest. Living proof that chivalry is indeed dead.

    And there is yet another person who is overly consumed with certain sexual habits and condoms. 🙄

  13. Juturna

    I read the article on Too Conservative. Our Attorney General clearly put a lot of effort into this decision considering the only case he can cite to support his position is from 1899 which prevented a mechanics lein from being placed on UVA citing it was a state institutions and only the GA could allow a change in law to allow leins on public properties. As TC goes on to say – the GA established the Board of Visitor which gives the schools authority to establish rules and regs at their schools. He also sums it up by saying that any statement that appears to not dissuade discrimination is bad.

    I’d say Mr. C’s personal agenda drove this baby and anticipate more to come.

  14. Rick Bentley

    “Come see for yourself the filth that Jeanette Rishell’s campaign manager wants to make accessible to your adult children. Jules Jordan”s “Weapons of Ass Destruction” will screen this Thursday night at City Council Chambers. Seats are limited so get there early. Show your support for decency and community values. “

  15. Rick Bentley

    After overwhelming attendance, next Thursday the organization will screen a double-feature of “Nailin’ Palin” and “Cumback Pussy #6 : All Star Poop Chute Salute”. Only by studying anal-themed porn in depth can we truly make a stand against it. Come watch, come see the depths of human depravity. Popcorn will be sold in the lobby. Guest speaker Ken Cucinelli will provide a commentary through the films “What is legal and what isn’t, and what God frowns upon”.

    The following Thursday we will move further into earth-shattering depravity : gay porn. “Batman and Throbbin” will be screened with guest speakers Mark Foley, Larry Craig, and Ted Haggard.

  16. Poor Richard

    The spirit of Colonel Fitts lives on through Cooch and, apparently from
    his postings, an obsessing Mr. Bentley.

  17. Geez….now Kulture Ken has become the laughing stock of the nation.

    Rick, didn’t a local blogger go after some gay or supposedly gay Washington Post reporter a few years back? What IS this obsession? Who cares!!!

  18. PR, is that an adult film?

  19. Rick Bentley

    I looked it up. It’s the repressed father in “American Beauty”.

    FYI, in the original screenplay the two kids get jailed for the murder while the father lets it happen, even though he killed the Kevin Spacey character. And when the Annette Bening character sees her dead husband, her main concern is for the blood spatter on her clothes.

    Not a great movie IMO but interesting. The same guy who wrote it (Alan Ball) created “Six Feet Under” which is/was awesome.

  20. Thanks Rick. Remember, F here in pop culture. I count on you to keep me informed.

    I wait for films to come out on dvd or blue ray and then forget their titles. How lame.

  21. Rick Bentley

    Orphan = best film I saw in 2009

    The Hurt Locker = overrated mediocre film (with all due respect to our real soldiers, who more movies should be made about)

    Avatar = complete crap

  22. Poor Richard

    “American Beauty ” won an Oscar for best picture in 1999 and
    Kevin Spacey garnered the award as best actor.

  23. Rick Bentley

    Yeah but it wasn’t all that great a movie. Evocative (in a depressing way) – yes. Thought-provoking – yes. Funny in places – yes. Coherent – no. The humor undercuts the attempt to be serious – yes.

  24. Rick, do you go to the movies a lot or wait for dvd?

  25. Rick Bentley

    I go a lot. My wife and I go once every week (date night) and sometimes more often. And if I see something artsy or foreign, I go without her. I probably see 8 new movies out a month.

    When we were watching my grandson more a few years ago, we went out much less, and during 2001-2006 or so I/we didn’t see nearly as much.

    I backfill things I missed on DVD. And, I watch netflix’ed movies all the time on DVD (older movies and lots of foreign films).

  26. Rick Bentley

    My current reviews –

    Shutter Island – really weak. Nothing new here. I can describe it in six words but it’s a spoiler.

    Valentine’s Day – Nice movie, I was pleasantly surprised at how good this is. Romanic and good-hearted.

    Crazy Heart – pretty good. Doesn’t fall into cliche.

    Avatar – complete trash, a bad joke of a movie that I think people are only impressed with because they hadn’t seen modern 3-D yet.

  27. Captain Idiot-Face

    Rick Bentley :
    The following Thursday we will move further into earth-shattering depravity : gay porn. “Batman and Throbbin” will be screened with guest speakers Mark Foley, Larry Craig, and Ted Haggard.

    Libs….always forgetting the real headliners! Special Appearances by Barney Frank, Jim McGreevey, and Eric Massa!!!

  28. Captain Idiot-Face

    Rick Bentley :
    The following Thursday we will move further into earth-shattering depravity : gay porn. “Batman and Throbbin” will be screened with guest speakers Mark Foley, Larry Craig, and Ted Haggard.

    They’re trying to engage Rahm Emmanuel for a special “shower session”, but Rahm’s been awfully busy working out lately.

  29. Rick Bentley


  30. Rick Bentley

    Funny. Also David Patterson will speak on the dangers of mistaken identity in sexual encounters – the speech is entitled “Check the Adam’s Apple”.

  31. Captain Idiot-Face

    My best Andrew Dice Clay: “OHHH”

  32. Thanks for the info Rick. I almost never see movies in the theater.

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