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Va. colleges' ban on gay bias challenged

RICHMOND, Va. — Virginia Attorney General Ken Cuccinelli has urged the state's public colleges and universities to rescind policies that ban discrimination on the basis of sexual orientation, arguing in a letter sent to each school that their boards of visitors had no legal authority to adopt such statements.

In his most aggressive initiative on conservative social issues since taking office in January, Cuccinelli, a Republican, wrote in the letter sent Thursday that only the General Assembly can extend legal protections to gay state employees, students and others — a move the legislature has repeatedly declined to take as recently as last week.

The letter demonstrates an increasing split in the region's policies on issues related to sexual orientation. It comes in the same week that the District of Columbia began issuing marriage licenses for gay couples and a week after Maryland's attorney general announced that his state will recognize same-sex marriages performed in other states.

Cuccinelli's move dismayed students and faculty members. It suggests that Cuccinelli intends to take a harder line with the state's university system, where liberal academics have long coexisted uneasily with state leaders in Richmond.

"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 classification as a protected class within its nondiscrimination policy absent specific authorization from the General Assembly," he wrote in the letter.

Colleges that have included such language in policies that govern university hiring and admissions — which include all of Virginia's largest schools — have done so "without proper authority" and should "take appropriate actions to bring their policies in conformance with the law and public policy of Virginia," Cuccinelli wrote.

Former Attorney General Jerry Kilgore, a Republican, said it would be difficult for Cuccinelli to enforce his opinion without pursuing court action. But he said college visitors swear an oath to abide by state statute.

"Board members are required to follow the law," Kilgore said. "And he's telling them what the law is."

Va. colleges' ban on gay bias challenged 03/06/10 [Last modified: Saturday, March 6, 2010 10:35pm]

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