Va. AG Cuccinelli to State Colleges: Rescind LGBT Job Protection

Here we are again, folks. The commonwealth is once more the subject of national news due to our inexplicable culture of bigotry. Last week the District of Columbia, our Northern Virginia neighbor, expanded the scope of freedom and recognized the inherent dignity of all Americans when same-sex marriage became legal within it's borders. Two weeks ago the attorney general of Maryland, our neighbor across the Potomac, did the same by issuing a statement that said essentially, that although same-sex marriage remains illegal in the "Free State", there is no law preventing Maryland from recognizing those marriages performed in other jurisdictions.

Cooch sent a letter to all Virginia colleges and universities instructing them that they have no legal authority to implement policies that protect LGBT workers from workplace discrimination. The letter reads in part, “It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college of 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,”

This act of unabashed homophobia comes one month after Gov. McDonnell embarrassed the commonwealth by signing Executive Order 6 (2010) which barred workplace discrimination for statehouse employees based on several different factors, but specifically excluded sexual orientation and gender expression or identity. McDonnell said during his campaign that extending job protection to those two categories would be the purview of the legislation. Not so coincidentally, last month the Republican-controlled Virginia general assembly killed legislation that would have done just exactly that.

Equality Virginia's General Consel, Guthrie Gastanaga responded to Cuccinelli's letter, saying “They call it legal advice for a reason. I urge the university boards to get a second opinion before they take action that will adversely affect their ability to attract and retain the best and the brightest students.”

On Top Magazine reports this morning that The Virginia ACLU has sent a letter to all public colleges and universities in the commonwealth saying gays and lesbians are already protected from workplace discrimination under the U.S. Constitution:

“Regardless of state law or policy, not only should universities prohibit discrimination on the basis of sexual orientation, but they are required to do so under the U.S. Constitution,” Kent Willis, executive director of the group, said in a statement.

In the letter, written by Rebecca K. Glenberg, the group's legal director, the ACLU of Virginia says that the Supreme Court “held that discriminatory laws based on sheer animus toward lesbian and gay persons violate the Equal Protection Clause of the Fourteenth Amendment” in Romer V. Evans.

“If Ken Cuccinelli is trying to say that the U.S. Constitution doesn't apply in Virginia, his first significant act as attorney general is a giant step backwards and a huge embarrassment for the state,” Willis added.

The truly sad part of this whole story is that Virginia's democrats knew how anti-gay McDonnell and Cuccinelli were before the election and still chose not to turn out in significant enough numbers to prevent their election. We have only ourselves to blame for this.

I think it's time we tell this governor that Virginia's LGBT community will not be ignored. We will not sit by idly while our rights are violated. Until we stand up for ourselves, this type for institutionalized bigotry we continue. It's time we marched on the Statehouse in Richmond and demanded that our lawmakers extend full and equal protection to all Virginians. Stand up! Fight Back! Demand your rights!

Related articles by Zemanta

• Virginia attorney general instructs state colleges to stop protecting gay students from discrimination. (thinkprogress.org)
• Virginia AG, Ken Cuccinelli, Tells Public Colleges To End Protections For Gay Students, Staff (huffingtonpost.com)
• How Ken Cuccinelli's Homophobia Gave the Media a Chance to Finally Identify 'Bigotry' (queerty.com)
• Va. AG: Colleges can't ban gay discrimination (seattletimes.nwsource.com)
• Va. AG: Colleges Can't Ban Gay Discrimination (abcnews.go.com)

Yes, Virginia, there IS an openly gay delegate.

Openly gay Virginia Delegate, Adam Ebbin has decided to call Governor-elect Bob McDonnell's bluff on gay rights legislation.

From SunGazette.net:

County Officials Hope New Governor Will Support Anti-Discrimination Legislation for Gay Workers

Del. Adam Ebbin (D-49th) plans to introduce legislation that would provide protections for state government workers based on their sexual orientation.

Govs. Warner and Kaine each issued executive orders banning discrimination in the government ranks based on orientation, but Gov.-elect Robert McDonnell has said he would not issue such an order, because he believes the legislative branch, not the executive branch, must address the issue.

That led County Board Vice Chairman Jay Fisette to suggest Nov. 5 that the new governor might support a measure adding sexual orientation to the list of protected classes.

At the very least, getting a bill passed - if it could be accomplished - would be a way to "call his bluff," County Board member Chris Zimmerman said.

If You Don't Vote, It's All Your Fault!

There's another election next Tuesday. Yes, Virginia is one of those places where we have elections every year. Why? Because many years ago some clever, power hungry politicians figured out that fewer voters turn out during off-year elections and learned to manipulate the system to their benefit. So instead of voting for president, governor, mayor and school board on the same day every two to four years, Virginians have to remember to schedule some extra time every first Tuesday of November to stop at their polling place and make their voices heard.

During the presidential elections last year, The nation was dumb-founded when the commonwealth turned out for Barack Obama. Democrats proudly proclaimed that Virginia was now a blue state, or at the very least solidly purple. If you live in Virginia, or at least the 85% of it outside of Northern Virginia, you know that this is not true. Virginia remains very much a red state. The Obama victory here was driven, in large part, by first-time voters in urban areas in support of Barack Obama's historic candidacy. This is a good start, but hardly signals a trend toward a more progressive political climate here.

There is a lot at stake on Tuesday for Virginia' LGBT community. While Democrat Creigh Deeds may not be the perfect candidate for our issues, a Bob McDonnell victory would be so much worse.

The Washington Post, in it's endorsement of Deeds on October 20th, had this to say about Republican Bob McDonnell:

"...we worry that Mr. McDonnell's Virginia would be one where abortion rights would be curtailed; where homosexuals would be treated as second-class citizens; where information about birth control would be hidden; and where the line between church and state could get awfully porous. That is a prescription for yesterday's Virginia, not tomorrow's."

If you were one of those first-time voters that turned out for change last year, I beg you to do so again this year and to do what you can to help others like you to do the same. Change does not happen overnight. It is an ongoing process. Virginians, in general, don't embrace change. Change is scary. But if you believe that all Virginians should have equal protection under the law, if you believe that the Virginia Marriage Amendment -- that cemented bigotry into our constitution -- is immoral, if you believe that it's time for Virginia to join the rest of the world in the 21st century, then it is your moral obligation to go to your polling place on Tuesday and say so by casting your vote for Creigh Deeds.

Older, more conservative voters do show up every year at the polls. Driven by what they see as a greater sense of patriotism and the understanding that the old ways are going the way of the dinosaur, they show up when more progressive voters don't, to keep us 50 years behind the times.

If we wake up on the morning of Wednesday, November 4th with Bob McDonnell as our new governor and you didn't bother to vote, I will blame you personally. If you allow Virginia to backslide into the dark ages when there is so much promise of a brighter future for all of us, because you did not vote, I will blame you personally.

If you don't vote, it's all your fault.

How to Spend a Saturday in Floyd

What's a gay couple to do on a boring Saturday afternoon in Floyd County, Va.? Take a leisurely drive down the road to visit the local alpaca farm, of course.

Paul and I decided to head down to The Inn at Hope Springs Farm today to check out their open house. Owners William and Candace Frey run a gorgeous little B&B there and raise alpacas, chickens, ducks, geese and god knows what else on their sprawling 100 acre slice of heaven.

William and Candace couldn't have been nicer and were happy to tell us all about raising the adorable Peruvian critters.

I was surprised to find that alpaca wool is as soft as cashmere and naturally resists dirt and stains. They sell an assortment of clothing and other items made from the wool.

I noticed some adorable alpaca teddy bears and William and Candace explained that in their Andes habitat, the infant mortality rate is between 30% and 70% for the adorable animals. The locals use the dead baby alpaca hides to make the cuddly toys. I decided against buying one.

From there we headed south to Hillsville, turned east to Meadows of Dan and stopped at Nancy's Candy Shop to pick up some of their home made chocolates. We then headed north up the Blue Ridge Parkway and stopped by Mabry's Mill, a beautiful and historic old grist mill with a tacky little restaurant and gift shop and even tackier tourists.

Continuing north, we swung past Chateau Morrisette, the local winery, to take a look around, but they were having one of their many wine fests and the parking was a nightmare. So we headed back up the parkway and enjoyed the rest of our drive.

Pop "The Bast of Ethyl Merman" into the CD player and you're about as gay as you can get in this part of the Blue Ridge. (Yes, we actually did that.)

Hope you're having a gay old time this weekend too.