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Virginia AG orders colleges to stop protecting gays
Posted: Mar 6, 2010
Friday, March 5th, 2010 -- 5:27 pm
Officials and student leaders at Virginia colleges are reacting mutedly, so far, to an order from state Attorney General Ken Cuccinelli that the schools stop protecting LGBT students.
In a letter (PDF) sent to the state's public colleges and universities and obtained by the Washington Post, Cuccinelli declared that the schools don't have the authority to uphold bans on discrimination on the basis of sexual orientation when the state itself has no such ban.
"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 non-discrimination policy, absent specific authorization from the General Assembly," the letter stated.
Virginia Governor Bob McDonnell last month reversed an eight-year-old executive order that banned discrimination on the basis of sexual orientation in Virginia. The governor argued that only the state's General Assembly had the power to institute such a policy in the first place.
A bill to ban discrimination against gays was introduced in Virginia's legislature this year, but a Republican-led state House committee killed the bill this week.
The rest of the article can be found at:
http://rawstory.com/2010/03/virginia-orders-colleges-stop-protecting-gays/
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Executive order cannot establish a protected class ad hoc. - Can only be established by law.
[ In Reply To ..]The AG was only stating the law as he sees it.
Now, imagine it were otherwise. I'm governor and I decide that skinheads will be a protected class on my campuses. I presume you'd have no objection to the AG's opinion in that case.
Or, it could work the other way. I decide that certain minorities are no longer to be considered a protected class. Again, I think you'd support the AG's position.
In other words, whether you agree or do not agree that a certain group should be protected in that special way, you really would not want it to be a matter of the whim of the executive either to grant or to take away protections that are established in the law - and that IS how they are established. If Virginia wants gays to be a protected class, the body politic will have to be persuaded to pass a law.
The governor changed the law a month ago. (sm) - Nikki
[ In Reply To ..]Seems more like Virginia is being proactive in slowly taking away rights from gays.
http://thenewcivilrightsmovement.com/new-virginia-governor-quietly-removes-gays-from-anti-discrimination-policy/politics/2010/02/17/7937
Changed previous executive order. It wasn't "the law". - Governors do not make law.
[ In Reply To ..]Legislators make laws.
Hence the point above, and the point of the AG's opinion. I repeat: If the citizens of Virginia wish for gays to be a "protected class", the legislature will have to enact a LAW. This cannot be done by executive order, and we should all be very glad of that because the definition of a "protected class" could be changed on a whim.
Actually, US Congress makes laws, too. Obama signed - a new one last October, and guess what?...
[ In Reply To ..]It's called the Matthew Shepard and James Byrd, Jr. Hate Crimes Pevention Act. His signature extended the original provisions of the act to include to crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability. Protected class. Under the law. Virginia's going to have a tough time making any of this stick for long once the appeals process gets out of parochial venues on the way to the Supreme Court. Another hollow victory, but not for long.
With the present SCOTUS, anything can happen! Their last decision proved that. - (nm) Nikki
[ In Reply To ..]
You make perfect sense...but I don't think you got the memo.... - Anon
[ In Reply To ..]See, around here Pubbies are heartless, mean, judgmental, tyrannical, greedy, evil....well, you get the picture.
And Democrats/liberals/progressives are just the opposite.
The sooner you accept the "truth" of all that, the happier everyone will be. And think of the time you will save arguing otherwise on this board!
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