Attorney General's opinion opposing anti-discrimination policies for gay employees might threaten funding for state colleges. by Peter Galuszka
Attorney General Ken Cuccinelli. Photo by Scott Elmquist.
What if the attorney general issued an opinion and no one paid attention?
That’s what Virginia’s public colleges and universities are considering in the wake of Attorney General Ken Cuccinelli’s legal opinion last week that the state’s institutions of higher learning cannot ban discrimination based on sexual orientation.
Cuccinelli, a social conservative, issued the opinion after the General Assembly killed a bill last week extending anti-discrimination protection to gay state workers. The previous two governors had included such protection in executive orders, but Gov. Bob McDonnell has refused to follow suit.
Most public colleges have formal anti-discrimination policies. Many are reviewing their policies and will let their governing boards make final calls, depending on how much legal weight an opinion carries. “We’re studying it now and the board has the final say,” says Pamela Lepley, a spokeswoman for Virginia Commonwealth University.
It’s not clear what happens if colleges buck Cuccinelli. “Bigger schools like [the University of Virginia] that have the backing of their alumni might be able to do it, but smaller ones like Norfolk State might have a hard time,” says Charles Ford, a Norfolk State history professor and head of a national study committee on diversity for the American Association of University Professors.
Going against the attorney general could result in the state denying funding to the colleges and universities, he says.
Another big issue is whether private grants and foundations, most of which insist on protection for gays, will refuse to fund Virginia projects, he says.
Meanwhile, Cuccinelli’s advice has had a “chilling effect” on Virginia’s national reputation, says the professors’ association director of external relations, Martin Snyder.
Chuck James, a Cuccinelli spokesman, declines to comment.
"We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"
Mr. Jefferson's (and Mr. Washington's) views on homosexuality are well known and easily googled. I doubt even Mr. Cuccinelli would contemplate doing what Mr. Jefferson prescribed.
Saturday, March 13, 2010 11:27:14 AM by Evan
Mr Anonymous is right! I am sick of the Diversity Police and their ridiculous arguments about equality:
"We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"
It's time that people like this obviously biased ideologue to be taught a lesson about the dangers of having a protected class in God's America. Sic semper tyrannis!
Saturday, March 13, 2010 7:36:23 AM by Robo
Great letter Dean, thanks. "Cuccinelli, a social conservative", social conservative is ok. Not issue with that. However, when Mr. Cuccinelli can not get past his own bias to do his job, then he should resign (fat chance of that I know). Did Virginia really get the goverment that it deserves? Robo
Thursday, March 11, 2010 10:02:31 PM by Glen Allen
Interesting take Dean, I like it. I wonder what the Southern Association of Colleges and Schools has to say about all of this. I cannot imagine an educational accreditation agency condoning discrimination based on sexual orientation, despite personal views on the subject, discrimination on any level is unethical.
Thursday, March 11, 2010 1:48:03 PM by Dean J. Miller
"About time the national Diversity Police took one in the teeth."
Oh. Really? Pretty tough talk from one who hasn't the courage of conviction to leave his name. Besides, I don't recall anything in the scripture about anyone or anything taking one in the teeth, but then, I'm a mere layman...a straight, child-rearing layman who believes in basic human rights, but a layman nonetheless. Perhaps a (coughs) Christian like yourself could set me straight, yes? But it's all good, for you see, I've been off work for a couple of days, and have spent the majority of that time composing a list of Virginia-based companies, and sending it to every single LGBT and/or human rights group I can find in this great land of ours. This, of course, is accompanied by a letter explaining the folly of signing away human rights in the name of profit. And after all, why buy a mixer from (Virginia-based) Hamilton Beach, when you can get one just as good from DeLonghi? Or, why buy an air filter from (Virginia-based) Advance Auto Parts when you can get one from NAPA? Better yet, why stay at a (Virginia-based) Econo Lodge when you can stay at a Ramada Inn? I'll give you the benefit of the doubt and assume that you're intelligent enough to see where I'm going with this, empirical evidence aside. I'm pretty sure you don't give a damn about people...but I'd be willing to wager that you know where every last penny of your money is. Well. Enjoy it while you can.
Wednesday, March 10, 2010 3:01:14 PM by Anonymous
Those "private grants and foundations" favor "protection" for homosexuals because they've been browbeaten for decades by the powerful, wealthy homosexual lobby, and intimidated by the demonstrators (especially on college campuses), litigators and unelected elites who do their bidding.
But Cuccinelli is just doing what makes political and legal sense, and everybody I know agrees that it's about time. A governor (even Lord Kaine) can't create a protected class out of thin air. And everywhere it's been put to a vote special laws for homosexuals have been defeated.
About time the national Diversity Police took one in the teeth.
I'd say Mr. Cuccinelli and the Governor have done the right thing, and done themselves a world of good with the electorate, as will be evident this November.
