McDonnell counters AG's letter

WILLIAMSBURG, Va. (WAVY) - Gov. Bob McDonnell countered State Attorney General Ken Cuccinelli's advice Wednesday, after Cuccinelli issued a letter to public colleges last week saying they lack the authority to prohibit discrimination against gays.

The letter from Cuccinelli's office was supposed to bring university policy in line with state law. Instead, it has sparked an uproar among students across the Commonwealth, uniting them as it angered them.

Cuccinelli's letter advised public colleges and universities to remove any policies barring discrimination based on sexual orientation or gender identity, effectively asking universities to allow such discrimination.

McDonnell opposed the letter's suggestion, directing state agencies not to discriminate against gay people.

In the letter, dated March 4, Cuccinelli said, "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 terms in its non-discrimination policy as a protected class absent specific authorization from the General Assembly."

The letter has outraged students at many state schools, who've banded together on social networking sites like Facebook to stand against Cuccinelli's policy.

At William and Mary, President Taylor Reveley said, "We certainly do not discriminate against people on such grounds, or tolerate discrimination against them." A spokesman for the university said the administration is reviewing the letter, but will not make any changes to college policy in the meantime.

The American Civil Liberties Union (ACLU) of Virginia applauded McDonnell's directive in relation to this situation.

"We are pleased to see Governor McDonnell's order prohibiting discrimination of all kinds in state employment," said ACLU of Virginia Executive Director Kent Willis. "It is a broad, positive statement that sends an important non-discriminatory message to every employee, but especially to the gay and lesbian employees who where targeted by the attorney general."

The Governor's chief of staff issued this directive to all state employees Wednesday:

Dear Fellow State Employee:

Early in the Administration, the Governor authorized the issuance of an Equal Opportunity in the Workplace Directive to employees of the Office of the Governor that reflects his strong position that employment discrimination for any reason other than merit and ability has no place in state government. While the separation of powers doctrine precludes the Governor from changing the Virginia Human Rights Act via Executive Order, he wants to be clear that discrimination in state employment will not be tolerated.

As the chief executive officer for the Commonwealth, the Governor wants to establish a clear standard of conduct ensuring that all cabinet members, agency heads, managers, supervisors and employees of the Executive Branch understand and enforce state and federal law prohibiting employment discrimination. Independent agencies and state supported colleges and universities should likewise adopt a similar standard of conduct.

This standard of conduct is set forth in the attached Executive Directive One. It is the Governor's Directive that Executive Branch agencies attract and retain the best and the brightest people to state public service, and that all feel welcome and appreciated as they serve the citizens of the Commonwealth. We have a talented state workforce, which is doing excellent work in very tough budget times. We also have outstanding cabinet members and managers, where excellence and fair treatment is the great norm, and discrimination is the extremely rare exception.

On behalf of the Governor, I want to thank you for your cooperation and assistance with implementing this Directive, and for making Virginia state government a welcoming and productive place to fulfill one's professional calling. -- Martin L. Kent, Chief of Staff, Governor Robert F. McDonnell