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Information Alert: AG Follows Law, Gets Ripped

And this just in from the Family Foundation:
Victoria Cobb, President

Monday, March 8, 2010

Information Alert: AG Follows Law, Gets Ripped
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Late last week it was revealed that Attorney General Ken Cuccinelli sent a letter to the state’s taxpayer funded colleges and universities informing them that, without General Assembly approval, they do not have the authority to issue non-discrimination policies that include sexual orientation.  Apparently, the state’s public colleges and universities had issued such policies without the approval to do so.

And thus started a media firestorm.  Essentially the Attorney General, the office designated to instruct state entities on the law, told them to actually follow the law. But Democrat leaders and homosexual activists immediately pounced, calling Cuccinelli’s advice “hate” and vowed to revive legislation that died last week that would add sexual orientation to the Commonwealth’s anti-discrimination policy.

Today, several legislators are literally screaming about the issue on the floor of the House of Delegates all but accusing Attorney General Cuccinelli of hatred.  They are urging the House General Laws committee to act on legislation, SB 66, that was defeated in subcommittee last week, when the committee meets this afternoon (The Family Foundation will be there to ensure this does not happen).

It is quite interesting to listen to proponents of this major change in Virginia’s public policy.  In three separate presentations before committee and subcommittee, advocates for making sexual orientation a protected class have admitted that 90 percent of Virginians don’t think there should be discrimination.  They have admitted that the last three governors have had policies, either written or verbal, that they will not allow such discrimination.  At no point has any actual evidence of discrimination been presented.  Late last year the Washington Post editorialized that there are “thousands of homosexuals” working in state government.

Usually, the General Assembly passes legislation to remedy a problem.  They often defeat legislation that, as is said, is a “solution in search of a problem.”  That is exactly the problem with this legislation.

So what is the goal?  It really is not about discrimination.  It is about government recognition – acceptance – of the homosexual lifestyle.  Make no mistake, this debate is a serious one and it will have long term consequences for not just state government but private businesses and ultimately our marriage amendment.  The goal is not anti-discrimination – it is forced acceptance of a lifestyle that many Virginians find antithetical to their faith.

The rhetoric at the Capitol today is heated and not very tolerant.  It seems that those who oppose creating a special class for homosexuals are hateful and bigoted, which is an easy accusation to make when you have no other argument and no ability to make your case.

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog.Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

4 Responses to “Information Alert: AG Follows Law, Gets Ripped”

  1. Venu says:

    Well,

    There are two reasons to defend Cuccinelli on this. One is the legal aspect, the universities should conform to the Legislature’s definitions, and the other is the political of not wanting to allow for “acceptance – of the homosexual lifestyle”. Both are fairly weak arguments.

    On the legal aspect, the Virginia State Legislature does not have the privilege to offer a blanket interpretation of the United States Constitution that applies to all State Funded operations. If Cuccinelli seriously wanted to take UVA, William & Mary, Virginia Tech, JMU, VCU, GMU, and other universities to court, the schools could easily make the defense that their interpretation of the 14th Amendment to the Constitution (In specific, the Equal Protection Clause) was the basis for their policy. In that case, Cuccinelli does not have the jurisdiction to impose his own interpretation of the Constitution as universal law.

    On the political aspect, why is allowing for a non-discrimination clause necessarily a “tolerance” of homosexuality or the kind? My favorite line on the matter comes from SouthPark, “Tolerant, but not stupid. Look, just because you tolerate something doesn’t mean you have to approve of it… …Tolerate just means you put up with it. You tolerate a crying child sitting next to you on an airplane or you tolerate a bad cold, but they still piss you off”.

    • Tom White says:

      If you read the letter, this is not about the 14th amendment. It is about one arm of government, granted it’s powers by the General Assembly, creating a policy that clearly goes around the 25 attempts to change state law.

      While the left wants to male this about gays, it is simply state law.

      The best thing I can tell yo is to read the letter Ken wrote.

      • Venu says:

        Well, my point is that the universities can use the 14th Amendment as legal cover to evade anything Cuccinelli wants to throw at them.

        • Tom White says:

          But all Cuccinelli was doing was informing them they are outside of the state’s legal liability. He is not going to force them to remove the language. He is saying that it is not in compliance with Virginia law in his opinion as Attorney General. What that does is shift any law suits away from the state, should someone file under the extra-legal policies. I believe this puts the board members or president personally liable for the policy. Not the state.

          And I am also pretty sure that the 14th amendment does not apply in the case of a State school’s compliance with State laws. They are governed by the State.

          This is simply putting the university boards and presidents on notice that the policies are illegal under current Virginia law. What is likely to happen is that the board members do not want the policy bad enough to risk personal responsibility in a law suit. So, the offending language will be taken out, or left in at personal risk.

          Either way, the AG has done his job by noticing them of his opinion. The state is off the hook.

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    Tom White Says:

    Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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