Wingnut Bob, we see right through this act. No dice.
“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,” McDonnell said in his directive.
We all know that signing this executive directive is meaningless; your henchman Attorney General Ken Cuccinelli stated quite boldly that there’s no law on the books of the Commonwealth that protects state workers from discrimination on the job.
Attorney General Ken Cuccinelli, who says there’s nothing in Virginia law to protect gay state workers from discrimination, is welcoming Gov. Bob McDonnell’s decree against bias on the basis of sexual orientation.However, it’s not clear from a written statement just issued by Cuccinelli whether he backs the governor’s legal thinking in issuing a so-called executive directive protecting gay employees.
“I applaud Gov. McDonnell for the tone he is setting for the commonwealth of Virginia,” said Cuccinelli.
“I will remain in contact with the governor and continue to work with him on issues important to Virginians. 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.”
We’re not stupid — the fullest extent doesn’t specify sexual orientation or gender identity. Cases brought under Gov. Tim Kaine’s tenure were futile in saving jobs where discrimination based on sexual orientation was the complaint.
What we see here is a PR maneuver, not actual change in philosophy or policy. There is no guarantee that a witchhunt will not occur with McDonnell/Cuccinelli at the helm.
What scares McDonnell most is whether businesses will stay away from settling in the Commonwealth because its climate is intolerant, backwards and threatening to a diverse workforce.
Northrop Grumman is one of those companies. And if McDonnell wants to be known as the Jobs Governor and Northrop chooses say, Maryland, or D.C., he’s going to be bounced right out of there. And Maryland is playing hardball. Maryland State Sen. Richard S. Madaleno Jr. (D-Montgomery):
“Here in Maryland, we value our gay and lesbian citizens as part of a diverse population that makes the state strong,” Madaleno wrote. “Virginia is doing the opposite and letting its LGBT citizens — and those considering whether to move and work there — know that they and their families are unwelcome second-class citizens. And they are counting on corporations like yours not to care.”The Los Angeles-based company is currently deciding between Virginia, Maryland and the District as a new home for its 300 top executives, running an unusually public contest among the three.
Madaleno, who is gay, wrote that new Virginia Gov. Robert F. McDonnell (R) and Attorney General Ken Cuccinelli (R) are “turning back the clock” on gay rights, as Maryland’s attorney general has announced the state will recognize same-sex marriages performed in other states. Virginia voters in 2006 amended the state constitution to prohibit gay marriage.
On Friday, the chief executive office of Equality Virginia, a gay rights group, sent Northrop Grumman CEO Wesley Bush a similar letter.
The waves of pressure became intolerable today after the Virginia Young Democrats and other groups called for demonstrations and online actions. It’s response to McDonnell’s executive degree today.
As Attorney General Cuccinelli carefully avoided pointing out in his somewhat vague statement: the law remains the same. The Virginia Code still does not protect GLBT Virginians from discrimination in the workplace, public or private. Governor McDonnell should do more than say the state won’t discriminate against gays: he should work to make it law. We call on Governor McDonnell to pledge that he will introduce and support legislation codifying protections for gay, lesbian, bisexual, and transgender state employees.
There were also blistering remarks on the floor of the General Assembly that McDonnell and Cuccinelli had to contend with. David Englin’s speech laid it all out; the GOP denizens of discrimination blocked any action on an anti-discrimination bill, but these words were heard by all of them.
Mr. Speaker, Ladies and Gentlemen, as you just heard from the Gentleman from Henrico, Delegate Morrissey, at public colleges across Virginia, students, faculty, and tuition-paying parents share the outrage you have heard expressed on this floor about Attorney General Cuccinelli’s demand that Virginia’s colleges remove sexual orientation from their nondiscrimination rules. They share our outrage, and they want action.We have tried multiple times in this House and on the floor to fix this problem. Sadly, the General Laws committee chose to cancel its Monday meeting rather than work to move forward with the Senate nondiscrimination bill. That’s especially unfortunate, because I believe there are good people on both sides of the aisle in that committee who should be willing to do what’s right on this issue. Yesterday, we tried the extraordinary measure of a discharge motion to bring up that bill, but that, too, was defeated. Now, our last chance to protect the quality, reputation, and accreditation of Virginia’s public colleges and universities, and to protect Virginia’s pro-business climate, is for us to join together and urge Governor McDonnell to send down his own higher education nondiscrimination bill.
Even if one is willing to set aside the moral outrage that is an Attorney General wasting taxpayer money by seeking to hinder equal protection under the law, we need Governor McDonnell to act now because his Attorney General’s actions are destructive to higher education and destructive to our economic future.
Englin’s address continues below the fold.
Virginia’s public colleges and universities have nondiscrimination policies in place not only because judging faculty, staff, and students on merit is the right thing to do, but also because their accreditation requires it. For example, the national accrediting bodies that govern medical schools, teacher training programs, and schools of social work require nondiscrimination policies as part of their accreditation standards. After all, do you really think a conservative institution like Liberty University would include sexual orientation in its nondiscrimination policies unless it absolutely had to? Ask yourself, do you really want to let Ken Cuccinelli’s anti-gay crusade risk the accreditation of our schools?Moreover, the quality of higher education in Virginia is a key factor in our continued ranking by Forbes.com and others as the Best State for Business. By sullying the reputation of our system of higher learning and hindering the ability of our top universities to recruit and retain the very best faculty and staff, the Attorney General is risking our future status as Best State for Business. Ask yourself, do you really want to let Ken Cuccinelli’s anti-gay crusade risk Virginia’s status as Best State for Business?
And speaking of business, businesses throughout Virginia understand that employees should be judged solely on their merit and not on other unrelated factors. The ten largest corporate employers in Virginia have active nondiscrimination policies. Northrop Grumman, whose corporate headquarters we are trying to lure here from California, wins perfect marks from the Human Rights Campaign for equal treatment of its gay, lesbian, bisexual, and transgender workers. Do you really want to let Ken Cuccinelli’s anti-gay crusade risk thousands of good-paying jobs in Virginia?
Mr. Speaker, this issue is not going away.
I recognize that it takes no special courage for a Northern Virginia liberal to stand up — every day if necessary — to demand fair and equal treatment of gay, lesbian, bisexual, and transgender workers.
But I remind you that conservative Republican icon, Barry Goldwater, said of gays in the military, “I don’t care if they are straight, as long as they shoot straight.” In other words, the father of the modern American conservative movement urged that we judge workers not on their sexual orientation, but on their merit.
What we need in this case are more Barry Goldwaters. We need men and women of courage from across the aisle to stand up and say that — even if you are uncomfortable with the idea of somebody being gay — even if your faith or your personal beliefs cause you to oppose same-sex relationships — you still believe that workers should be judged on merit — on the job they do.
We need men and women of courage from across the aisle who know in their heart of hearts that, decades from now, standing up for policies that treat workers fairly and based on merit will put them on the right side of history — men and women who will someday be revered for standing up for the rights of all people, and not painted with the same brush as bigots and segregationists.
Ladies and Gentlemen, based on yesterday’s vote, Delegates Albo, Rust, LeMunyon, Tata, and Villanueva are Republicans who are on the right side of history. But what about the rest of you?
I ask my other Republican friends: “Are there any Barry Goldwaters among you?” Or are you content to stand idly by, in silent complicity, and let Ken Cuccinelli destroy what we have worked to build.
Join us — urge Governor McDonnell to send down a bill that will protect the quality and reputation of higher education in Virginia, so together we can let the world know that Virginia is a place where employees will be judged on the job they do, not on the family they go home to.
Keep the pressure on.



22 Comments



Talk to them in the only language they understand ….$$$$The fundiecrats in VA might think they are doing a good thing, but wait till they see how many businesses don’t see things the same way….
it’s just a PR movebut it’s an interesting reflection of how things have evolved. in the 90s there’s no way a VA republican would have issued something like this, particularly a proc saying that the EP clause prohibits SO discrimination.
Liberty UniversityRep. Englin made a great point by saying “do you really think a conservative institution like Liberty University would include sexual orientation in its nondiscrimination policies unless it absolutely had to?”. I went to the Liberty Univ website and found this interesting. Here is what they say about sexual orientation on the nondiscrimination page:
In other words, you can be gay but you must be celibate unless you’re in a sham marriage to a person of the opposite sex. The policy is similar for faculty:
First of all, I’m surprised that this definition of nondiscrimination qualifies the university for accreditation. But to the point of this diary, it is clear that the AG and governor really f*cked up, because they could have simply dumbed down the university nondiscrimination policy to something more like Liberty University’s without fear of the accreditation argument coming back to haunt them. One would hope that they still would have gotten push-back, but they would have been able to at least say that they weren’t undermining accreditation. Now it is too little too late to try to pull this silly PR stunt today. So not only are these guys bigots, they’re idiots. Glad they’re not governing my state!
The accreditors look the other wayAccreditors make a deal with the devil. In order to keep right-wing Christian schools from withdrawing entirely from the accreditation process, the accreditors effectively gut their own nondiscrimination policies when it comes to these schools.
Basta! Enough!I stream Pam’s House Blend on the Politics page of my website:
http://sapphisdezire.t35.com/
I wsill be removing it shortly. I have grown weary of your goddamn fear mongering Pam or whoever is writing these f-n annoying columns.
Jesus with all the fear mongering this site does with its LIES about health care reform being so iadequate that people with chronic illnesses will be left to die in the streets to those new allegation about LGBT witch hunts in VA now that McDonald is governor.
Basta! Enough! I am a progressive lesbian who voted for that seeming punk ass bitch Obama, and boy am I disappointed!! I LIVE in Virginia, I also ave a chronic illness. Yes the Commonwealth of Virginia is resplendendt with an overabundance of right wingnut MORONS but “Witch Hunts”? Have you lost your frakking mind or are you intent on forcing Republican fear tactics down the throats of your readers like forced fellatio? I’ve lived in VA for nearly 20 years and there has NEVER been any gay witch hunts, WTF! Jesus Christ you don’t f-n see that gay marriage is inevitable as more states codify it into law. Do u really friggin think that this is going to be a country where in some states you can and in others u can’t?
Constitutionally speaking arguments can be made that “states” praactice “full faith in commerce” meaning that they acknowledge and respect the laws of other states it has something to do with interstate travel by freight trains.
Gay marriage will happen everywhere (even Utah) but it’s not going to be easy, Are u SURE ur NOT Republican? Seems like all u want to do is use fear tactics and engage in yellow journalism.
Pam’s House Blend has certainly worn out it’s welcome on my site and as SOON AS i FIND A SUITABLE REPLACEMENT YOU ARE OUTTA THERE!
You really need to get your facts straight,rachelsluv! As a proudly FORMER Virginian, I can certainly tell you of cases in the state government where gays have been fired solely for their sexual orientation. One example, in 2006, a state employee at the Virginia Museum of Natural History in Martinsville, Va, was fired for being gay. He appealed his dismissal and the appeal was denied by the state’s courts. All it takes is a quick search of case law in the state to provide you with more recent examples. Gay marriage is NOT inevitable in all states!! What a completely naive idea! Are you forgetting a little conflict in the 1860′s because slavery was allowed in certain states and not others? How about Loving V. Virginia, where bi racial marriage was allowed in many other states but not Virgina? As long as this is a state by state issue, marriage equality will not be in every state in the union for GENERATIONS to come. I have never felt Pam’s House Blend used fear tactics. And thanks for sharing your website, I’ll make sure I will not waste my time reading opinions from a reactionary who can’t take the time to find out the facts before attacking a wonderful member of the GLBT community.
I second Tanner and……I add that if you want to be taken seriously when you talk about the Constitution, perhaps you should get the basic words correct. Such as “Full Faith and credit“.
Just a suggestion.
I agreeIt’s certainly a PR move, but like you I still think it is significant that the outrage is so high that the republican governor felt the need to at least address it in some way.
All the more proof that the American people are ready for laws like ENDA if you ask me…
AlsoI am reveling in the fact that these policies have so splendidly backfired on him and the AG. MWAHAHA.
Virginia is for HateWell the Virginia AG was only reminding the residents of Virginia of the codified laws of their state. I appreciate the about face of the Virginia Governor but outside of state government it changes nothing and therefor would not change workplace discrimination against GLBTQ folks in the private sector.
Was it just a PR move…perhaps, but it does have teeth inso for as the state government is concerned. A welcome move to be sure. But this will not impact the lives of the worker outside of govenment.
All in all I believe that the Governor’s comments are welcome ones that will undoubtedly put pressure on the legislature to inact more comprehensive anti discrimination laws. The people of the state my finally realize that real people and their careers and jobs are at stake here. They also may realize that coorporations do not like controversy and thus are more apt to relocate a multi million and I dare say billion dollar company to a state that is not embroiled in discrimination. Generally speaking, money or the lack of is the only thing that gets bigots to change their mind. If this is the only reason that they do change the laws, who cares as long as our goals are realized.
Given that…… the governor just erased part of an anti-discrimination directive with the apparent intent that LGBT persons should be able to be fired merely on the basis of their sexual orientation, “witch hunts” doesn’t sound like too much of a stretch.
The official excuse is that this is the job of the legislature, but given that McDonnell rushed to do this while not making any serious effort to get this done through the “proper channel” (the legislature) first, one can only assume that this was done out of spite with the intention of actually seeing that people are fired or intimated by fear of being fired because of their sexual orientation. That’s not even considering McDonnell’s demonstrated anti-gay views both with regard to the Virginian constitutional amendment and a past paper that he authored.
I misread Sorry, just found out that this was an executive DIRECTIVE and not an ORDER which apparently does not have the teeth of the law even in the government arena….my regrets for reading the original post incorrectly…..
In light of this, yes, a totally worthless PR stunt and could not agree more with Pam.
This is a dangerous lieOr just an unforgivably stupid error:
For LGBTs to have a cause of action under Equal Protection Clause they would have to be considered a suspect class. But no court has ever recognized or seriously entertained that question.
What’s dangerous is it reinforces the errorneous belief that many people (Democrats and progressives) have that gays can sue when they are fired for their sexual orientation or gender identity. In many states, including VA, they cannot.
If it’s not just a sign that the McDonnell admin has snakeoil salesmen instead of lawyers making policy, it could be an attempt to derail support for pending non-discrimination bills in VA state and the US Congress (ENDA). I’m not sure I’d ascribe that much intelligence to him, when stupidity and apathy to our issues offers the same explaination.
Multiple Fouls on the Play! I don’t know which to be more upset about or find more offensive- the sexist language or analogy to rape. But please review the TOS before commenting further.
As reprehesible as it my seem from a liberal perspective I think it works.While I can see real holes in their policy as it pertains to the discrimination of sexual orientation, the policy is at least across the board. Heterosexual students are under the same admonition to remain celibate through out their time at Liberty if they are single. Of course the whole thing goes up in smoke when the challenge of same-sex marriage enters the picture, but considering its Liberty University I would say this policy is a big in road and forebodes good things for the future if the university: Even if it takes 3 times longer things to change there than in the real world.
I agree with Pam that this is all PR and worse deceptive and insincere bestHowever, isn’t comparing Virginia to Maryland sort of having to choose between hell and high waters? In particular with Northrop Grumman why would I believe that they are sincere about their corporate non-discrimination policy if they choose either state given that Washington DC has done so much incredible work to make equality a very real and tangible thing in the district; while both states manage to make their last great across the board to bring marriage equality to defeat. I am so done with tolerance and secondhand citizenship of any kind and I find both Virginia’s current intolerance just as distasteful as Maryland’s.
seeRomer v. Evans 517 U.S. 620 (1996)
McDonnell still “that Regent guy”Today on my blog (http://wordinedgewise.org) I looked at McDonnell’s Executive Directive from both a legal and an historical perspective — historical as to McDonnell himself, that is. I quote homophobic language from his 1989 Regent JD thesis, and then show how he’s not changed.
I HAVE My Facts Straight!I am currently LIVING in Virginia, I really don’t need input from a FORMER resident. Besides I am involved with a United States Congressional Attorney, Are You? Look whether or not you agree with my perspectiove you need to stop acting like my expression is a personal attack against you. Stop being reactionary, defending the fear mongering witch hunting allegations of an individual who lives elsewhere.
A Calm and Balanced approach defeats Homophobia NOT knee jerk: :They’re coming for you” Hysterics.
More importantly I’ve removed P.H.B from my site: http://sapphisdezire.t35.com/ Because it’s my Right! GUESS WHAT ? THE ANTI GAY TASK FORCE HASN’T KNOCKED DOWN MY DOOR!
Are You Patheric Much?
Basta! Enough!I am currently LIVING in Virginia, I really don’t need input from a FORMER resident. Besides I am involved with a United States Congressional Attorney, Are You? Look whether or not you agree with my perspectiove you need to stop acting like my expression is a personal attack against you. Stop being reactionary, defending the fear mongering witch hunting allegations of an individual who lives elsewhere.
A Calm and Balanced approach defeats Homophobia NOT knee jerk: :They’re coming for you” Hysterics.
More importantly I’ve removed P.H.B from my site: http://sapphisdezire.t35.com/ Because it’s my Right! GUESS WHAT ? THE ANTI GAY TASK FORCE HASN’T KNOCKED DOWN MY DOOR!
Are You Patheric Much?
You’ll get over itBeing upset about my comment, Seriously I don’t care. I have a friend who’s a psychologist if you need a referral:
I am currently LIVING in Virginia. Besides I am involved with a United States Congressional Attorney, Are You? Look whether or not you agree with my perspectiove you need to stop acting like my expression is a personal attack against you. Stop being reactionary, defending the fear mongering witch hunting allegations of an individual who lives elsewhere.
A Calm and Balanced approach defeats Homophobia NOT knee jerk: :They’re coming for you” Hysterics.
More importantly I’ve removed P.H.B from my site: http://sapphisdezire.t35.com/ Because it’s my Right! GUESS WHAT ? THE ANTI GAY TASK FORCE HASN’T KNOCKED DOWN MY DOOR!
Are You Patheric Much?
Hi, rachelsluv!Interesting: ad hominid attacks that don’t address what I was saying. Great, no reply to what I actually said, but I’m not surprised since “Seriously [you] don’t care”.
“Witch hunts” refer to lashing out at people that haven’t done any harm for irrational reasons (and, no, I didn’t consult a dictionary, this is my personal interpretation). This seems to be exactly what McDonnell/Cucinelli are doing; they have no rational basis for their actions. Odd, how you cared so much about this term while complaining about it; I guess your priorities have changed since from semantic critiques to critiques of personality. No biggie.
You wrote:
“Besides I am involved with a United States Congressional Attorney, Are You?”
Your point being is what? How is it relevant that you’re dating an attorney? And what does an attorney of a national representative have to do with Virginia? Is this person ensuring that there are no witch hunts occurring?
And, no, I didn’t take this this personally, except insofar as I find this an injustice and abuse of power; I don’t see what in my post gave you that impression. Care to clarify?
You wrote:
“A Calm and Balanced approach defeats Homophobia NOT knee jerk: :They’re coming for you” Hysterics.”
Exactly what was “knee jerk” about my response? Oh wait, you didn’t really read and consider it since “”Seriously [you] don’t care”. But my apologies anyway; discourse doesn’t get much more considerate, thoughtful, intelligent, and less knee jerk than “Are You Patheric [sic] Much?”
You wrote:
“More importantly I’ve removed P.H.B from my site: http://sapphisdezire.t35.com/ Because it’s my Right! GUESS WHAT ? THE ANTI GAY TASK FORCE HASN’T KNOCKED DOWN MY DOOR!”
Well, this is great news! Thanks for informing us that your publicly-funded university has chosen not to follow this anti-LGBT directive therefore avoiding the possibility of you, as an out and proud lesbian, being targeted for discrimination in an anti-LGBT witch hunt should there happen to be a hater employed by that university’s administration.
And how kind of you! You were oh so considerate enough to treat everyone at PHB to some advertising for your far superior Web site. I almost missed out on far more important news to the LGBT community!: “Why am I NOT Interested in: Tiny Fey?” Thanks for the wisdom, Rachel!