FamilyFoundationBlog.com

Late Wednesday afternoon, amidst growing tensions on college campuses, Governor Bob McDonnell issued a “Governor’s Directive,” ordering those in the executive branch not to discriminate in their hiring practices (see here). His directive specifically referenced “sexual orientation.”

Governor McDonnell issued his directive in an apparent effort to ease the hostile atmosphere on our campuses and in the General Assembly. Four years ago, then-Attorney General McDonnell challenged Governor Tim Kaine’s executive order that added sexual orientation to the anti-discrimination policy, saying he didn’t have the authority to do so. It is still unclear exactly what legal weight, if any, a directive has, but media reports indicate that it does not have the same force of law of an executive order.

Much of the anger among college students has been generated by those who are supposed to be in authority at those schools — college presidents and administrators — who have criticized the advisory letter Attorney General Ken Cuccinelli sent them last week. The letter stated that public colleges and universities with anti-discrimination policies that include sexual orientation are in conflict with state law. Instead of providing leadership, the college presidents and administrators have provoked anger and outrage with inflamed rhetoric.

A media backlash also was fed by heated and often mean-spirited rhetoric by a handful of General Assembly members, including Senator Donald McEachin (D-9, Henrico) who, in a floor speech earlier this week, referenced Governor McDonnell’s graduate school thesis, yelling on the Senate floor, “We are being governed by the thesis!” Joining in the daily diatribes were Delegate David Englin (D-45, Alexandria) and Delegate Joe Morrissey (D-74, Henrico). It was often insinuated that anyone who disagrees with adding sexual orientation to the non-discrimination policy is hateful and bigoted. But truth has been difficult to find in this debate.

In addition, some legislators made the outrageous claim that, without a non-discrimination policy that included sexual orientation, Virginia is not “business friendly” and would not be able to attract new jobs. But several publications and organizations currently recognize Virginia as the best state in America to do business without having this policy.

Nonetheless, yesterday morning, Senator Tommy Norment (R-3, Williamsburg), in a clear conflict of interest as an employee of the College of William and Mary, one of the colleges expressing outrage over the AG’s letter, amended an economic development bill introduced by the Governor with: “The Commonwealth of Virginia maintains an ecumenical atmosphere in its sexual orientation hiring policies in the private and public workforce.”

Besides being a bizarre statement, it is a frightening overreach into the private workplace, which would include religious-based ministries and churches. Fortunately, on the floor of the Senate — because of the Governor’s directive — Senator Norment removed his amendment from the bill.

The Family Foundation has and continues to maintain that there is no need for special protections for homosexuals. As the issue was thoroughly debated and voted on multiple times throughout this year’s General Assembly, no evidence of discrimination was presented.

We absolutely agree with one statement in Governor McDonnell’s directive — that state employment should be based on “qualifications, merit and performance,” regardless of one’s immutable or unimmutable characteristics.

Over the next several days, we will consult with experts to determine the legal ramifications of this directive, but we are concerned when the Governor’s action is being heralded as a step forward by the ACLU and the state’s largest homosexual lobby, Equality Virginia (Pilot on Politics).

In a statement, Kent Willis of the ACLU said, “We hope this is only the beginning, and that the Governor’s example will inspire legislators to finally pass a law prohibiting discrimination on the basis of sexual orientation and gender identity in both private and public sector employment.”

Any thought that the groups and organizations behind this effort will stop at public employment is naive. It is very clear that they want to force private businesses — including churches — to abide by their morality.

This morning on Richmond’s Morning News With Jimmy Barrett on WRVA-AM, Family Foundation Vice-President for Policy and Communications Chris Freund was interviewed about the legal opinion issued by Attorney General Ken Cuccinelli and the reaction to it. It wasn’t a real debate, but immediately prior to Chris’ appearance, Barrett’s guest was Claire Guthrie Gastanaga, the lead lobbyist for Equality Virginia. Notice that she avoided Barrett’s first question and, shall we say, gave an intriguing spin on the entire matter at hand. In fact, you can detect the skepticism in Barrett’s voice and questions. Chris sets the record straight his turn at bat.

Click here to listen to the back-to-back interviews (9:24).

The House remains in session as of this post, but earlier liberal Delegates Joe Morrissey (D-74, Henrico) and David Englin (D-45, Alexandria) railed against Attorney General Ken Cuccinelli’s recently issued opinion that states the obvious — Virginia law does not single out homosexuals as a protected class and, therefore, its colleges and universities cannot offer anti-discriminatory policies for their protection. But why is their vitriol aimed at the AG? He’s only quoting Virginia law as it reads. Delegate Adam Ebbin (D-49, Arlington), though not as vociferous as his colleagues, referenced ridicule on last night’s Daily Show, as if a flippant cable comedy show is of the heft to dictate Virginia policy.

Delegates Morrissey and Englin, however, struck a refrain that is the last resort of liberals-who-all-of-a-sudden-care-about-big-business: Virginia will lose corporate headquarters if this is allowed to stand!

Let’s see: Unemployment is at record levels (despite a $787 billion “stimulus” program by the nation’s smartest-ever-president), resulting in a lack of demand for products by consumers; we have massive, almost incomprehensible, third-world-like debt; unimaginable budget deficits projected for years; a lack of lending by banks; and, with so much liquidity in the system, the very real possibility that hyper inflation will ignite — somehow, we don’t think Fortune 500 firms are arguing over Virginia’s campus social policies. Furthermore, the delegates defeated their own arguments, citing that many of these companies have established their own policies regarding homosexuals. So why, then, would corporations be concerned about a policy concerning Virginia’s public colleges? They are not. The opinion has nothing to do with corporations.

Furthermore, if these delegates are so concerned about creating jobs and attracting corporations to Virginia, perhaps they should take real job creating action and start cutting corporate taxes, stop raising taxes on individuals and families, and cut state spending and balance our budget. But the most perplexing aspect of the entire debate is that we’ve heard nothing over the last 10 years in Virginia but that “social issues” aren’t important. Oh, really? To some, apparently, they are, and it’s very convenient for liberals, who don’t dare campaign on creating special protected classes of citizens, to criticize the attorney general simply for stating Virginia law while contriving “economic development concerns” in doing so.

Late last week, Attorney General Ken Cuccinelli sent a letter to the state’s taxpayer funded colleges and universities informing them that, without General Assembly approval, they do not have the authority to issue non-discrimination policies that include sexual orientation (see Washington Post). Apparently, the state’s public colleges and universities had issued such policies without the approval to do so (see Richmond Times-Dispatch).

His opinion, initiated at the request of several interested parties, started a media firestorm. Essentially, the Attorney General, the office designated to instruct state entities on the law, told them to actually follow the law — Virginia law does not carve out discrimination protections for homosexuals, as it does for race, color, creed and national origin. But Democrat leaders and homosexual activists immediately pounced, calling Cuccinelli’s advice “hate,” and vowed to revive legislation that died last week which would add sexual orientation to the Commonwealth’s anti-discrimination policy.

Today, several legislators literally screamed about the issue on the floor of the House of Delegates, all but accusing Attorney General Cuccinelli of hatred. They urged the House General Laws Committee to act on SB 66, which was defeated in sub-committee last week. However,  committee chairman Delegate Chris Jones (R-76, Suffolk) cancelled the committee’s last meeting. As today was the last day for committees to act on legislation in order for them to get to the floor before session ends, the issue is dead, again, for this year.

It is quite interesting to listen to proponents of this major change in Virginia’s public policy. In three separate presentations before committees and subcommittees, advocates for making sexual orientation a protected class have admitted that 90 percent of Virginians don’t think there should be discrimination. They have admitted that the last three governors have had policies, either written or verbal, that they will not allow such discrimination. At no point has any actual evidence of discrimination been presented. Late last year the Washington Post editorialized that there are “thousands of homosexuals” working in state government.

Usually, the General Assembly passes legislation to remedy a problem. They often defeat legislation that, as is said, is a “solution in search of a problem.” That is exactly the problem with this legislation.

So what is the goal? It really is not about discrimination. It is about government recognition — acceptance — of the homosexual lifestyle. Make no mistake, this debate is a serious one and it will have long term consequences, not just for state government, but private businesses and, ultimately, our Marriage Amendment. The goal is not anti-discrimination — it is forced acceptance of a lifestyle that many Virginians find antithetical to their faith.

The rhetoric in the capitol today was heated and not very tolerant. It seems that those who oppose creating a special class for homosexuals are hateful and bigoted, which is an easy accusation to make when you have no other argument and no ability to make your case.

We’ve staged a coup. Unfortunately, to the liberal collective’s the sigh of relief, we didn’t stack the Supreme Court with Matt and Victoria Cobb.

However, the four top ranking members of Virginia government, conservatives all — certainly to the chagrin of the liberal collective — Governor Bob McDonnell, Lt. Governor Bill Bolling, Attorney General Ken Cuccinelli and House Speaker Bill Howell, all will speak at this year’s Family Foundation Advisory Council Legislative Briefing on Wednesday, February 17.

This is an exclusive annual event for our Advisory Council members. However, it shows how important Virginia’s top officials view The Family Foundation and its most generous donors (click here for the complete benefits of Advisory Council membership).

Our Advisory Council is more than just perks; its instrumental partnership significantly funds the work of the organization during the General Assembly session and year round: The legislative call to action and subsequent victories, The Truth Project training, Pastors For Family Values, local grassroots networks, your voice in the mainstream media, and much more.

For more information about The Family Foundation Advisory Council, The Advisory Council Legislative Briefing, or any of our development activities, contact Dan Thompson at 804-343-0010 or at dan@familyfoundation.org. To donate to The Family Foundation at any level, you may click here.

Attorney General Ken Cuccinelli appeared with Neil Cavuto on the Fox Business Network last night and answered questions from the anchor who appeared stunned Virginia had gone so far so fast in seeking to protect itself from federal intrusion in individuals’ health care decisions. He was referring, of course, to the quick work the General Assembly so far has made in advancing the Virgina Health Care Freedom Act.

To Cuccinelli, it’s not that at all — defending liberty is not far and speed is good in that regard. The AG said it was nice to see “freedom break out again” and for Virginia to be, most likely, the first state to pass such a law, leading now for liberty as it did in the 1700s. He also sounded ready and willing for the fight Cavuto predicted from the feds if and when Virginia asserts itself under the 10th Amendment when and if the central government mandates that individuals purchase particular products.

Cuccinelli: It’s nice to have a bipartisan outbreak of freedom.

Today’s QOD comes from Saturday, actually — and, it doesn’t come from the inauguration, either, nor from any of its many festivities. Instead, it come from the Americans For Prosperity Virginia Chapter’s post swearing in Celebration of Freedom event at the Richmond Marriott, which honored the inauguration of Governor Bob McDonnell, Lt. Governor Bill Bolling and Attorney General Ken Cuccinelli. Interesting speakers and great food — when doesn’t an AFP event go all out? — included former Lt. Governor Bolling, Governor George Allen (sounding like a candidate again), Delegate Brenda Pogge (R-96, Yorktown) and Senator Mark Obenshain (R-26, Harrisonburg). Perhaps the most dynamic, though, was Education Secretary Gerard Robinson.

His speech was unapologeticly pro-education choice. Maybe he wasn’t quite as in-your-face to the educrat establishment as was New Jersey Governor-elect Chris Christie (see here) last week, but this ain’t bad — alluding to his ambitious agenda to reform education and provide education choice, he said of the educrat establishment:

I’m going to be accused of destroying public education. In some ways, it’s already it’s already taking care of that itself.

Amen to that! Secretary Robinson may not be looking for a fight, but he’s certainly prepared for one. We don’t blame him and we’ve got his back.