Though he did not get a Spring Break, state Attorney General and University alumnus Ken Cuccinelli certainly caught some heat last week for a letter he issued advising Virginia public colleges and universities to strip references to sexual orientation from their nondiscrimination polices. "Virginia's public universities are, at all times, subject to the control of the General Assembly," Cuccinelli wrote. "The General Assembly has on numerous occasions considered and rejected creating a protected class denied by 'sexual orientation.'" Encouraging that no state university "reaches beyond the boundaries established," he made waves that caught everyone's attention.
The Virginia attorney general's main function is to provide legal expertise to state government entities, including public colleges. By issuing this controversial warning to colleges, Cuccinelli clearly blurred the line between his professional duties and his political agenda. Although The Cavalier Daily are not trained lawyers and would be remiss to speculate about the legal substance of the letter, this action underscores Cuccinelli's strong social conservative laurels. It also perhaps demonstrates his intent to push partisan political issues into the attorney general's office.
At first, the letter put Virginia colleges in a precarious position, caught between upholding the ideal that "all men is created equal" and faithfully abiding by state law. A number of students across the state mobilized to protest Cuccinelli's letter. The University's Queer & Allied Activism group called on students to barrage the attorney general's Twitter and Facebook page. More than 1,000 students at Virginia Commonwealth University rallied to express their opposition to Cuccinelli's stance.
The contentious nature of the letter brought Gov. Bob McDonnell into the mix - possibly for damage control. McDonnell, however, has supported similar positions in the past; he issued an executive order just last month barring discrimination in the state workforce on grounds that include race, sex, religion and age, but not sexual orientation. But in a move to clear up confusion among state college administrators and students, McDonnell has intervened appropriately.
"We will not tolerate discrimination based on sexual orientation or any other basis that's outlawed under state or federal law or the Constitution," McDonnell told reporters last Wednesday. He took a clear-cut stance, slightly at odds with both his executive order last month and Cuccinelli's letter, by issuing an executive directive condemning the discrimination of state employees on the basis of sexual orientation. McDonnell cited the 14th Amendment's Equal Protection Clause, making a direct appeal to the U.S. Constitution.
President John T. Casteen, III was quick to respond. In an e-mail to all University students, Casteen expressed his personal gratitude to the governor and called the directive a "combination of wisdom and bravery." The e-mail implied that Casteen initially was alarmed at the attorney general's letter and could not have been more pleased with the governor's response. Given the amount of press Cuccinelli's letter received and because of its controversial nature, Casteen's candidness with addressing the University community is welcome. University administrators should not shy away from communicating openly with students whenever hot-button issues like this arise in the future.
As the discussion continues, we hope both the governor's office and the General Assembly will not ignore how strongly students and University administrators feel about this issue. Though the directive appears to be relatively straightforward, students only can hope that it will turn out to be, as Del. Robert Marshall, R-Prince William, said, more than a "press release with fluff"
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