Activist AGs Gone Wild!

It shouldn’t have come as a surprise that our new Attorney General was going to be an unrepentant activist, after stating on the record that he intended to “transform” the office as a “platform for long-term reform.” What did everyone think he meant by that, if not his intent to use the position to advance his public policy goals?

The response to Mr. Cuccinelli’s letter to our public college and university presidents makes it clear that fair-minded Virginians (that would be most of us) have no intention of putting up with this nonsense. I will provide links to other resources and suggestions for actions you can take at the end of this post, but there is one response that I find particularly gratifying. One of the bloggers at Too Conservative, a third-year law student, has schooled Mr. Cuccinelli on the law, and exposed the specifics of his abuse of office in a way that I could not have done. He makes some very compelling points, all the more so because they are coming from a fellow Republican who supported Mr. Cuccinelli’s campaign, and wishes to protect the Republican Party from the damage done by anti-gay ideologues. I also admire his calm and patient demeanor in dispatching the critics who are now turning on him. His analysis is well worth a read.

In a letter sent to the university presidents, the ACLU of Virginia points out that the Supreme Court has twice ruled that public policy that explicitly permits discrimination against gay and lesbian people is a violation of the Fourteenth Amendment, and that subsequently, “federal courts have repeatedly held that public employers may not discriminate on the basis of sexual orientation.”

If Mr. Cuccinelli believes that the law and public policy of the Commonwealth of Virginia requires that public employers and universities be explicitly permitted to discriminate on the basis of sexual orientation, then he’s asserting authority for our public policy to violate the U.S. Constitution and defy federal law. While that position is not unprecedented in the history of Virginia, it’s certainly no history to be proud of. It also suggests that our AG is actively seeking to incite lawsuits in the hope of advancing his public policy goals, a rather self-centered use of the people’s resources in the current budget crisis.

Since everyone has an “opinion,” and anyone can give advice, mine to our public universities would be to advise Mr. Cuccinelli of his impotence by ignoring his transparently ideological letter. We are currently awaiting his “opinion” on the authority of our Board of Supervisors to update our own Equal Employment Opportunity statement, and I consider this university letter to be an indication of the caliber of his advice – not worth the paper it’s printed on.

If you, like many others, have had enough, here are some things you can do:

Email or call your Senator and Delegate right now, and insist that they put an end to this nonsense by passing SB 66. By codifying into law the former governor’s Executive Order prohibiting discrimination in state employment, the legislature can eliminate this issue immediately, but it must be done before the legislature adjourns. There is a meeting on Monday of the House General Laws Committee where SB 66 is on the table. The Committee could take the bill off the table and report it to the floor. Also contact Speaker William Howell, Majority Leader Morgan Griffith, and Committe Chair Chris Jones.

The other alternative is to get the Governor to send a bill down, which Equality Virginia has asked him to do (the text of EV’s letter is here). Call or email the Governor: 804-786-2211, or use the email form on his contact page on the website,

If you are a student, parent, alum, or otherwise part of a public college or university community, please contact the president and/or board of visitors of your institution and encourage them to defend their community against this offensive attack by the AG.

Here is a draft resolution intended for student government, faculty senate, staff council or other university related club or organization (via Equality Virginia counsel):

Whereas, the current nondiscrimination policy of ____ University includes protections against sexual orientation (and gender identity);

Whereas, the President and the Board of Visitors have received a letter from the Attorney General of the Commonwealth of Virginia advising that they have no authority to adopt such a policy, and urging action to bring the policy into compliance with his understanding of state law;

Whereas, revocation of the University’s current nondiscrimination policy would strike at the heart of its mission and vision, undermine its reputation and standing in the academic community, possibly threatening its accreditation, and harm its ability to attract and retain the best and the brightest students, faculty and staff; and

Whereas, the Attorney General’s letter is not an official opinion of the Attorney General, and, as such, is simply advice which would not even be entitled to deference in a court of law;

Now, therefore be it resolved, that the President and Board of Visitors defend vigorously the current nondiscrimination policy of the University and change it only if ordered to do so by a court of last resort; and

Now, therefore be it further resolved, that the President and Board of Visitors actively support legislation that would change state law and policy to offer explicit protection against discrimination based on sexual orientation and gender identity for all members of the university community.

Finally, please visit the Equality Virginia website for other actions you can take. They have a petition, and I think they would also welcome testimony about the kind of discrimination that make these policies necessary in the first place.

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7 Responses to Activist AGs Gone Wild!

  1. Erika says:

    Don’t forget to call and voice your concerns about the AG’s letter, below are several numbers provided by a FaceBook Group;

    NoVa Office # (703) 766-0635
    Richmond Office (804) 786-2071

    Bob McDonnell, office of the governor (804) 786-2211
    Sandra Norman, director, VA Human Rights Council- (804) 225-2292
    Alan Edwards, policy director, State Council of Higher Ed- (804) 225-3189
    Gerard Robinson, VA secretary of education- (804) 692-2532

  2. David says:

    Thank you, Erika. Folks, if you are on FB, the groups formed to oppose this mess (that I know of) are WE DON’T WANT DISCRIMINATION IN OUR STATE UNIVERSITIES AND COLLEGES! and Citizens of the Commonwealth of Virginia Against Discrimination; there may be others as well. Equality Virginia and Equality Loudoun both have accounts, too. It’s another good way to spread the word.

  3. Paul Garber says:

    First, there is no LGBT community. If we are honest about the current state of affairs, there is a homosexual male community, a Lesbian community fractured into the very out, dykes and the very quiet female couples who would just like to be left alone, then there is the Bi community who are just along for the ride. Left way, way out in la-la land are the trans and they too are further bifurcated into transmen and TS women.

    Just a few months back, the Gays were all too happy to drop the Trans from any consideration for special status under employment law. The TS community still remembers.

    So, calling this odd collection a collective community either for just conversation, or for treatment as one community under a law, is simply ludicrous.

    What we should be uniting to fight for is the removal of ALL special classes of citizens. We should not be promoting an America where some citizens receive special protections under law, and others have none. We must insist that every citizen is held equal under the law, with no special rights for anyone, but liberty for all.

  4. David says:

    Equality under the law and liberty for all. Yes, that is what we want, with no special right to carve out certain categories of person against whom it’s ok to discriminate. That’s what this is about.

    The diversity within the GLBT community is immaterial, for two reasons. First, what you really mean to be talking about is the universe of people who have a sexual orientation and a gender identity, not just GLBT people, because freedom from discrimination on the basis of sexual orientation and gender identity means exactly that. Second, even within the GLBT community that diversity is immaterial just as the diversity within the universe of people who practice a religion is immaterial. Everyone should have the same right to employment without regard to characteristics that have no bearing on qualifications and job performance, period.

    [ Some people will now try to insert characteristics like “people who are stupid, people who are rude, people who smell bad,” yadda yadda. These all prove to be red herrings, as they are all arguably pertinent to job qualifications and performance.

    Just being proactive 🙂 ]

  5. DouginMountVernon says:

    Paul, I assure you that even though the diversity of the GLBT community does align a diverse group of people, it is undoubtedly also a community of like-minded individuals, all denied full equality under the law, who live, work, and play together, and who all demand our natural rights as human beings, and as citizens of a nation that was founded on the very concepts for which we struggle today (but lack in our law and due processes)–life, liberty, and the pursuit of happiness!

    If you don’t believe, why don’t you come out to Freddie’s with me some Monday evening and play trivia. You’ll get a pretty full idea on just how much of a community this is, which by the way, includes a large number of heterosexuals as well who understand and align with our cause.

    You couldn’t be more incorrect, Paul. Next time, perhaps you ought to consult someone who actually lives in, with, and/or participates in our community before you assess it? Just a suggestion!

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