Gay Protections Said Invalid In Virginia Universities

Richmond, VA, United States (AHN) – Virginia’s public colleges and universities do not have the legal authority to protect gays against discrimination, the state’s attorney general has ruled.

In a letter to the presidents and governing boards of the schools, Ken Cuccinelli said Thursday the institutions had “acted without proper authority” in adopting rules regarding sexual orientation. Such rules were “invalid,” he said, because the state legislature had repeatedly rejected attempts to incorporate into state law language that would protect homosexuals from discrimination.

The Republican official, who took office in January, advised the boards of each college “to take appropriate actions to bring their policies in conformance with the law and public policy of Virginia.”

Cuccinelli noted that sexual orientation is not among the protected classes listed in the Virginia Human Rights Act, which prohibits discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability.

He cited opinions from prior attorneys general dating back to 1982.

A bill that would have created a protective class for homosexuals was tabled by a subcommittee of the House of Delegates earlier in the week.

The letter drew immediate criticism from university leaders and Democratic officials.

“I believe the Attorney General’s advice will hurt the ability of our colleges and universities to attract the very best faculty, staff and students, and damage the Commonwealth’s reputation for academic excellence and diversity,” U.S. Sen. Mark Warner, a former Virginia governor, said in a statement.

University presidents and their Boards of Visitors were studying the attorney general’s opinion to determine how to proceed. The letter was issued as neighboring governments began moving toward a more liberal attitude. The District of Columbia began issuing marriage licenses to same-sex couples earlier in the week, while the attorney general of Maryland said a week ago that his state would begin recognizing same-sex marriages performed in other states.

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