Cuccinelli says colleges can’t protect gays

Cuccinelli says colleges can’t protect gays

Brittany Daniels

Contributing Writer

Virginia Attorney General Ken Cuccinelli is asking the state’s public colleges and universities to rescind their policies banning discrimination based on sexual orientation.

Cuccinelli sent letters telling the institutions of higher education that they do not have legislative authority to prohibit discrimination against people who are gay or lesbian.
“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 nondiscrimination policy, absent specific authorization from the General Assembly,” Cuccinelli’s letter stated.

VCU President Michael Rao sent an e-mail Friday afternoon informing all students, faculty and staff at the university and the MCV about Cuccinelli’s letter.
“The University’s senior leadership team and I are examining the issue closely. Provost (Stephen) Gottfredson is planning forums to provide students, faculty and staff an opportunity to discuss the implications of the Attorney General’s request,” Rao’s e-mail stated.

VCU has a policy stating that “no person, either singly or in concert with others, shall willfully discriminate against another person on a basis not reasonably related to the educational or job functions involved on the basis of race, ethnicity, sex, religion, color, creed, disability, sexual orientation, marital status, and age.”
Other public colleges and universities have similar policies.

Cuccinelli, a Republican who served as a state senator before being elected attorney general in November, reminded the schools they are “arms of the state” and are “subject to control of the General Assembly” at all times.
His letter said state institutions cannot include sexual orientation in their nondiscrimination policies without express permission from the General Assembly.

“I am aware that several Virginia colleges and universities have included ‘sexual orientation’ in their respective policies,” Cuccinelli wrote.

“For the reasons stated, any college or university that has done so has acted without proper authority. Such invalid policies create, at a minimum, confusion about the law and, at worst, a litany of instances in which the school’s operation would need to change in order to come into conformance.

“Accordingly, I would advise the boards of each college to take appropriate actions to bring their policies in conformance with the law and public policy of Virginia.”
Virginia Democrats condemned Cuccinelli and accused him of encouraging discrimination. They called on Gov. Bob McDonnell, a Republican, to rein in Cuccinelli.

“Our colleges and universities are more than capable of setting policies that work for them without meddling from Ken Cuccinelli,” said Richard Cranwell, chairman of the Democratic Party of Virginia.

The Virginia Senate Democratic Caucus denounced Cuccinelli.
“Attorney General Cuccinelli is turning the clock back on civil rights in Virginia,” said Sen. John Edwards, D-Roanoke. “His advice to Virginia’s colleges and universities has no basis in the law.”
U.S. Sen. Mark Warner of Virginia said Cuccinelli’s advice could hurt student and faculty recruitment.

“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 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 served as governor in 2002-2005. He and his successor, Democrat Tim Kaine, both issued executive orders specifically barring discrimination on the basis of sexual orientation.

McDonnell declined to issue such an order when he replaced Kaine in January.
Last week, the House of Delegates defeated legislation to protect state employees from discrimination on the basis of sexual orientation.

“There are plenty of challenges facing the Commonwealth, and I don’t think our elected leaders should be spending their time looking for ways to allow discrimination,” said Sen. Donald McEachin, D-Henrico.

“First the governor refused to protect gay state workers, then he sat silent while the House of Delegates killed legislation that would have protected his state workforce, and now his attorney general tells schools they can’t protect their gay students and employees.”

McDonnell’s office issued a statement saying Cuccinelli’s letter simply reflects the law.
“The legal analysis contained in the letter concerning the General Assembly’s sole responsibility for setting state employment policy is consistent with all prior opinions from the Office of the Attorney General over the last 25 years on the subject,” the statement said.

“The Governor expects that no Virginia college or university, or any other state agency, will engage in discrimination of any kind.”