University students, faculty members and administrators held a forum Monday in response to recent challenges and controversy surrounding the school's non-discrimination policy.
The forum was organized by UVaPride, an association of faculty, staff and graduate students, and the student organization Queer and Allied Activism. The discussion was a result of Virginia Attorney General and University alumnus Ken Cuccinelli's March letter to state public colleges and universities that ordered these institutions to preclude sexual orientation from non-discrimination policies.
The forum was held for two basic purposes, QuAA President Seth Kaye said. First, the group aimed to gain a better understanding of the legal reasoning behind Cuccinelli's letter and Gov. Bob McDonnell's executive order that followed one week later, which stated that the 14th Amendment of the U.S. Constitution forbids discrimination based on sexual orientation.
"I think we did a good job of getting several expert opinions on this to clear up any confusion," Kaye said.
The second goal of the group, he said, was to establish a resolution to expand the University's non-discrimination policy.
Cuccinelli stated in his letter that universities could not extend protection against discrimination based on sexual orientation because localities do not have this authority because of Virginia's Dillon Rule system, which says that localities derive their authority to govern from the state. Lambda Legal, an organization that works to defend gay rights, released an open letter in opposition to Cuccinelli's policies, which students at the forum discussed. Students also talked about Miller Center Director Gerald Bailes' written response to Cuccinelli's letter arguing that the Dillon Rule system does not apply to universities because they do not qualify as localities that can enact laws.
The forum was attended by several University faculty and administrators, including Bailes, Dean of Students Allen Groves and Susan Carkeek, the vice president of human resources.
Marcus Martin, vice president and chief officer of diversity and equity, discussed the University's goal of protecting all members of the University community. In a somewhat similar vein, Engineering Prof. Ellen Bass - who attended the forum and serves as the co-convener for UVaPride - discussed efforts "to make the University as open as possible under state law."
Also present at the forum was Claire Gastanaga, general counsel for Equality Virginia, who emphasized that members of the University's Board of Visitors are appointed by the governor, which makes them political appointees and could affect how the University is governed in the future.
"Our current attorney general, Cuccinelli, could run for governor next cycle, and we have precedent to show attorney generals become governors. If that were to happen, the person who wants to take our rights away could potentially be our governor and appoint people less supportive onto our Board of Visitors," Bass said.
QuAA presented a resolution at the forum that it plans to present to Student Council April 13, and which Council will vote on April 20. The resolution, which QuAA allowed other organizations to co-sponsor, would support the codified protection against discrimination based on sexual orientation, gender identity and gender expression.
"The Board of Visitors has no reason to remove anything as it currently stands," Bass said. "We've had sexual orientation protection since 1991, and it is not the first time there has been controversy at the state level where the LGBTQ community has had civil rights removed. However, I am not sure if they will expand to include gender identity and gender expression in it or not. I am hopeful it would be something they will consider"
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