Given the wrenching budget crisis that we’re dealing with
It’s hard to believe, but the
Cuccinelli Letter
May dwarf everything next week.
The AG’s missive directing universities to rescind policies that prohibit discrimination on the basis of sexual orientation
Puts Virginia on the front lines of the culture war,
Thrusts Cuccinelli into national visibility, and
Will shape the debate about conservatism means in Virginia.
Cuccinelli argues that the General Assembly has this week declined to extend protected class status on the basis of sexual orientation.
He maintains that previous Attorney Generals,
Including Jerry Baliles and Bill Broaddus,
Have argued that sub-divisions of the Commonwealth do not have the authority to extend protected class status to groups not recognized as such by the Assembly.
His letter asserts that university boards that have adopted policies that include sexual orientation as a protected class or college presidents who have implemented such policies administratively have acted
Without “proper authority” and should take
“Appropriate action to bring their policies in conformance with the law and public policies of Virginia.”
The AG is unlikely to stand down from the position that he has taken.
At the same time, it’s doubtful that Virginia’s colleges and universities will easily acquiesce to the Attorney General’s request.
At the moment, the entire Board of Visitors of every Virginia university has been appointed by Tim Kaine who, as Governor,
Extended an executive order prohibiting discrmination on the basis of sexual orientation in Virginia state government.
The active internal constituencies at the vast majority of colleges and universities support the extension of non-discrimination policies to sexual orientation and the LBGT community.
In addition, the dominant opinion in American academic circles will be almost unformly opposed to Cuccinelli’s stance.
It’ll make it very difficult for any university president who backs away from a non-discrimination policy without a fight to maintain their national standing in the academic community.
During the campaign, Bob Mcdonnell had focused his higher ed policy on how Virginia could become one of the coutry’s “smartest states” and create an additional 100,000 neew college graduates over the next fifteen years.
The Democrats made it clear yesterday that their new line of attack against McDonnell will be to link him to Cuccinelli.
Donald McEachin, for example, said that Cuccinelli’s Attorney Generalship is putting McDonnell’s “thesis into practice.”
The Governor may have to find a way to settle the war between the AG and the Colleges in order to get the focus back on his campaign priority.
Hard to understand what Cuccinelli is thinking. One can only guess that he’s begun his run for governor by establishing the far right bona fides required to become the Republican nominee.
But at what cost?
I sincerely believe that most Virginians believe you should not be discriminated against at work because you are gay at home. So, Cuccinelli has made more enemies than friends with this. He has jeopardized Gov McDonnell’s early days in office with a gratitutious and unenforceable letter. He didn’t need to write the letter. He could have just let it pass.
What should McDonnell do?
He should extend the executive order to prohibit discrimination against gay state employees. He should issue the following statement:
“Our Attorney General wrote an ill-conceived and mean spirited letter the other day. Unfortunately, he’s one of those guys who just can’t seem to keep his mouth shut. Like the annoying class clown who just had to be the center of attention in 5th grade. Well, I guess some people never grow up. So, today I am extending the executive order forbidding employment discrimination on the basis of sexual preference. Hopefully, our attorney general will not write any other letters that might be harder to unwind.”.
It’s time to slap Cooch the Pooch back into his rat hole before he turns Virginia back into a Democratic Party stronghold.