Daily Progress: McDonnell Takes Studen Queries

Recently Virginia’s Republican Governor Bob McDonnell visited the the University of Virginia in Charlottesville where he fielded political questions from students.  One student ask his stance on protections for LGBT state employees.

According to the post on Daily Progress:

McDonnell was also asked to articulate his stance on anti-discrimination protections for gays. Attorney General Ken Cuccinelli had written a letter advising universities that their anti-discrimination polices could no longer protect gays, because the governor didn’t list them as a protected class in his executive order prohibiting discrimination. Governors typically issue the orders after taking office.

McDonnell, a former attorney general, overrode Cuccinelli on the matter.

The governor said he didn’t list gays among the protected classes in the executive order in keeping with an opinion he had penned earlier, while he was attorney general. That opinion argued that only the General Assembly can give such protections to new groups.

But his personal stance has been that he wouldn’t tolerate such discrimination, he said.

Read more here!

Cuccinelli: Enforcing Discrimination Is My Job

Even though Virginia’s Governor Bob McDonnell spoke out against discrimination for LGBT Virginians after Attorney General Cuccinelli warned the state’s universities they were breaking the law by adding “sexual orientation” to their anti-discrimination policies, it looks as though he has a job to do and he’s going to do it come hell or high water…that job…enforcing discrimination.

According to The Washington Post:

Virginia Attorney General Ken Cuccinelli II said Friday that it remains his legal advice that the state’s public colleges and universities should remove language dealing with sexual orientation from campus anti-discrimination policies.

Read more here!

VA’s Nondiscrimination Directive Protects Gays

STANDARD OF CONDUCT FOR CABINET MEMBERS, EXECUTIVE BRANCH AGENCY HEADS, MANAGERS, SUPERVISORS AND EMPLOYEES CONCERNING EMPLOYMENT DISCRIMINATION

As the chief executive officer for the Commonwealth of Virginia, I hereby establish a standard of conduct to ensure that all cabinet members, Executive Branch agency heads, managers, supervisors and employees understand and enforce state and federal law prohibiting employment discrimination. Employment discrimination of any kind will not be tolerated by this Administration.

The Virginia Human Rights Act recognizes the unlawfulness of conduct that violates any Virginia or federal statute or regulation governing discrimination against certain enumerated classes of persons. The 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 one’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. Consistent with state and federal law, and the Virginia and United States Constitutions, I hereby direct that the hiring, promotion, compensation, treatment, discipline, and termination of state employees shall be based on an individual’s job qualifications, merit and performance.

No employee of the Executive Branch shall engage in any discriminatory conduct against another employee. Allegations of any violation of the law or this standard of conduct shall be brought promptly to the attention of the Director of the Department of Human Resource Management for review and corrective action. Any cabinet member, agency head, manager, supervisor or employee who discriminates against a state employee or prospective employee in violation of the law or this standard of conduct shall be subject to appropriate disciplinary action, ranging from reprimand to termination.

I further direct agency heads to ensure that every manager and supervisor in their respective agency is aware of and enforces this standard of conduct. Civility, fair treatment, and mutual respect shall be the standard of conduct expected in state employment. – Robert F. McDonnell, Governor

Jason Shaw.

© 2010 Copyright Jason Shaw

Cleaning a Mess or Political Power Play?

The LGBT community in Virginia is applauding the Executive Directive issued late Wednesday by the state’s Governor, Bob McDonnell that bans discrimination in state agencies, schools, and departments based on sexual orientation.

The directive is a down pour of rain on the fire storm of controversy caused by Virginia’s Attorney General Ken Cuccinelli’s statement that colleges and universities need to rescind portions of non-discrimination policies that include “sexual orientation” because it went against state law to provide such protections to LGBT citizens.

Larry Sabato, the directory of the UVA Center for Politics stated in response:

“The Attorney General made quite a mess and the Governor had to clean it up. The Governor comes across as reasonable and inclusive. The Attorney General comes across as somebody who literally picked an unnecessary fight that didn’t have to be fought.”

And this was a fight that many of the state’s residents thought would turn into an all out battle. Andre Hakes, a Charlottesville attorney stated:

“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.”

In what appears to be an ironic twist, or perhaps an effort at back-peddling, AG Cuccinelli responded to the Governor’s statement by 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.”

Now, here’s the greater question. Was this all a set-up? I’m not much of one to quickly buy into conspiracy theories, but with the recent decision in Virginia’s back yard (D.C.) to legalize same-sex marriages, was this an attempt by conservatives in office to put LGBT community of Virginia in their “place”? Was this a power play to demonstrate who holds rule over rights? Was this an attempt to make the state’s Republican Governor appear to be gay-friendly? Was this a way of telling the LGBT community of Virginia, be happy with what you have and don’t ask for more?

Gay Protection Bill Dies in Virginia

Earlier today, the Virginia House voted against taking consideration of a gay protections bill that would make discrimination against LGBT residents in public employment. The measure was rejected by a vote of 55-42. The state’s House has rejected similar bills many times in the past.

Ken Plum (D-Reston), attempted to force a vote on the bill after it has been idle a House subcommittee. Plums decision was in direct response to Republican Attorney General Ken Cuccinelli’s recent advice to Virginia state universities that they were not in compliance with state law by adding sexual orientation to their nondiscrimination policies. Cuccinelli has insisted the schools to stop offering such benefits, but neither Virginia Tech or Radford University has complied with the request claiming discrimination goes against school policy.

If you live in Virginia and want to help fight discrimination…click here to learn what you can do!

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