The response to Mr. Cuccinelli’s letter to our public college and university presidents makes it clear that fair-minded Virginians (that would be most of us) have no intention of putting up with this nonsense. I will provide links to other resources and suggestions for actions you can take at the end of this post, but there is one response that I find particularly gratifying. One of the bloggers at Too Conservative, a third-year law student, has schooled Mr. Cuccinelli on the law, and exposed the specifics of his abuse of office in a way that I could not have done. He makes some very compelling points, all the more so because they are coming from a fellow Republican who supported Mr. Cuccinelli’s campaign, and wishes to protect the Republican Party from the damage done by anti-gay ideologues. I also admire his calm and patient demeanor in dispatching the critics who are now turning on him. His analysis is well worth a read.

In a letter sent to the university presidents, the ACLU of Virginia points out that the Supreme Court has twice ruled that public policy that explicitly permits discrimination against gay and lesbian people is a violation of the Fourteenth Amendment, and that subsequently, “federal courts have repeatedly held that public employers may not discriminate on the basis of sexual orientation.”

If Mr. Cuccinelli believes that the law and public policy of the Commonwealth of Virginia requires that public employers and universities be explicitly permitted to discriminate on the basis of sexual orientation, then he’s asserting authority for our public policy to violate the U.S. Constitution and defy federal law. While that position is not unprecedented in the history of Virginia, it’s certainly no history to be proud of. It also suggests that our AG is actively seeking to incite lawsuits in the hope of advancing his public policy goals, a rather self-centered use of the people’s resources in the current budget crisis.

Since everyone has an “opinion,” and anyone can give advice, mine to our public universities would be to advise Mr. Cuccinelli of his impotence by ignoring his transparently ideological letter. We are currently awaiting his “opinion” on the authority of our Board of Supervisors to update our own Equal Employment Opportunity statement, and I consider this university letter to be an indication of the caliber of his advice - not worth the paper it’s printed on.

If you, like many others, have had enough, here are some things you can do:

Email or call your Senator and Delegate right now, and insist that they put an end to this nonsense by passing SB 66. By codifying into law the former governor’s Executive Order prohibiting discrimination in state employment, the legislature can eliminate this issue immediately, but it must be done before the legislature adjourns. There is a meeting on Monday of the House General Laws Committee where SB 66 is on the table. The Committee could take the bill off the table and report it to the floor. Also contact Speaker William Howell, Majority Leader Morgan Griffith, and Committe Chair Chris Jones.

The other alternative is to get the Governor to send a bill down, which Equality Virginia has asked him to do (the text of EV’s letter is here). Call or email the Governor: 804-786-2211, or use the email form on his contact page on the website, www.governor.virginia.gov

If you are a student, parent, alum, or otherwise part of a public college or university community, please contact the president and/or board of visitors of your institution and encourage them to defend their community against this offensive attack by the AG.

Here is a draft resolution intended for student government, faculty senate, staff council or other university related club or organization (via Equality Virginia counsel):

Whereas, the current nondiscrimination policy of ____ University includes protections against sexual orientation (and gender identity);

Whereas, the President and the Board of Visitors have received a letter from the Attorney General of the Commonwealth of Virginia advising that they have no authority to adopt such a policy, and urging action to bring the policy into compliance with his understanding of state law;

Whereas, revocation of the University’s current nondiscrimination policy would strike at the heart of its mission and vision, undermine its reputation and standing in the academic community, possibly threatening its accreditation, and harm its ability to attract and retain the best and the brightest students, faculty and staff; and

Whereas, the Attorney General’s letter is not an official opinion of the Attorney General, and, as such, is simply advice which would not even be entitled to deference in a court of law;

Now, therefore be it resolved, that the President and Board of Visitors defend vigorously the current nondiscrimination policy of the University and change it only if ordered to do so by a court of last resort; and

Now, therefore be it further resolved, that the President and Board of Visitors actively support legislation that would change state law and policy to offer explicit protection against discrimination based on sexual orientation and gender identity for all members of the university community.

Finally, please visit the Equality Virginia website for other actions you can take. They have a petition, and I think they would also welcome testimony about the kind of discrimination that make these policies necessary in the first place.

March 6, 2010

The Honorable Robert F. McDonnell
Governor of Virginia
P.O. Box 1475
Richmond, VA 23218

Dear Governor McDonnell:

I write to ask you to end your silence, and to act on behalf of all Virginians.

Since taking office in January, you have chosen not to support efforts to amend Virginia law to codify a state “policy” against discrimination based on sexual orientation and gender identity. You have explained your inaction and your “no position” on pending legislation saying that you have a “policy” against such discrimination in your office, even though that “policy” does not, and according to the opinion you once issued as Attorney General, cannot apply to all state employees or even to the employees of your own Cabinet members.

Now, a letter, signed on March 4, 2010 by the current Attorney General and sent to the state’s colleges and universities, casts doubt, under your own legal analysis, about whether you can even enforce a “policy” of nondiscrimination within the Office of the Governor. Applying your joint legal theory, the Attorney General states that both an official policy enacted by a university board of visitors and an informal policy implemented by the president of an institution (your corollary) would be equally invalid in the absence of legislative endorsement.

If yours and the Attorney General’s analysis of existing state law is correct (and we strongly question whether it is), this means that you would be acting without legal authority if, as Governor, you sought to enforce your “policy” against discrimination to protect any person in your office from adverse action based on his/her sexual orientation or gender identity. Thus, you cannot argue with any validity that you can, as Governor, protect anyone from discrimination based on sexual orientation or gender identity without a change in the law.

The good news is that it is not too late for you to exert leadership to change the law, as many Virginians, our academic and business leaders, and the Richmond Times Dispatch and other editorial writers have urged you to do. Under the Constitution of Virginia and the legislative procedural rules, you may send a bill down for consideration at any time before the legislature adjourns sine die on Saturday, March 13, 2010.

Accordingly, Equality Virginia respectfully requests that you write the House of Delegates or the Senate requesting the immediate introduction of either or both of the following:
1) a bill to amend the nondiscrimination policy in Section 2.2-3900 B.1. of the Virginia Human Rights Act to include sexual orientation and gender identity (such legislation would moot the Attorney General’s advice to the colleges); and
2) a bill identical to SB 66 governing nondiscrimination in the state workforce or HB 1116 governing nondiscrimination in state and local employment (such legislation would implement the nondiscrimination policy for public employees, including those in your office and at state universities and colleges).

Failure to take positive action during this legislative session to encourage enactment of a state policy against discrimination based on sexual orientation and gender identity will be seen by the thousands of gay, lesbian, bi-sexual and transgender Virginians (and the many thousands more Virginians who count themselves among their families and allies) as confirming that your promise of a “Commonwealth of Opportunity” is a hollow one for them.

Repeating that you believe discrimination based on sexual orientation is wrong no longer carries any weight. The Attorney General’s and your legal opinion makes crystal clear you believe (rightly or wrongly) that neither you nor any other state officer has authority to hold anyone accountable when they practice such discrimination.

Actions always speak louder than words. Virginians expect our leaders to lead. Going forward, your actions in this case, not your words, will determine the credibility of your promise of opportunity.

Very truly yours,
/s/
Jon Blair
Chief Executive Officer, Equality Virginia

If you happen to live on the north side of the Potomac River, we join you on this day in celebration of equality, justice and religious freedom. DC couples started lining up outside the courthouse at 6:00 a.m. to submit their applications for marriage licenses. Weddings for all couples can begin taking place on March 9. Here’s some helpful information for anybody planning to head down there. [Photo by Cathy Renna]

“We waited a long time for this. Our family will have the same rights and privileges as any other family,” one of those waiting in the cold rain told the DCist.

In light of Maryland Attorney General Doug Gansler’s February 24 opinion that Maryland law can and should recognize valid same-sex marriages performed in other jurisdictions, couples residing in Maryland can also expect to have their marriages honored by their home state.

Meanwhile on our side of the river, Virginia moves backwards, without even basic rights in the area of state employment. This is not because the people of Virginia are especially evil or mean-spirited; in fact, polling consistently shows that around 90% of Virginians think that state employees should have job protection on the basis of sexual orientation. This is a matter of basic fairness, and the problem actually seems to be an over-abundance of fair-mindedness among ordinary voters, although it may seem strange to put it that way. Recently, we have seen a large number of people insist that the recently adopted addition of sexual orientation and gender identity to Loudoun’s EEOS “wasn’t necessary” because “there are already nondiscrimination laws at the state level” - and then continue to insist that it must be so even when they are unable to produce evidence of such laws. In other words, they are unable to believe that such common sense law isn’t already part of the Virginia code. I choose to see this disbelief as a marker of decency, although of course the information deficit must be addressed.

I think it’s important to understand that what appears, especially in contrast to our neighboring jurisdictions, to be such a dismal setback is really just a temporary artifact of the recent election. Virginians didn’t vote to take rights away from their neighbors; the issue isn’t even on their radar. The individuals for whom punishing the GLBT community is such a burning issue amount to a tiny and deranged minority who just figured out that they can now win elections by NOT talking about it.

It’s unfortunate that regular people will have to pay the consequences of that choice, as Virginia becomes increasingly marginalized - however, equality remains inevitable. The stark contrast just created between the two sides of the river will only accelerate that process.

Cosgrove (Chairman), Carrico, Scott, E.T., Gilbert, Anderson, Ward, Carr, Torian

A big thank you to Rick Sincere from the Republican Liberty Caucus for the videos of yesterday’s press conference.

From the Daily Press:

“We believe it is not the place of the government to discriminate on irrelevant characteristics in employment for otherwise law-abiding citizens and taxpayers,” Sincere said.

Had the bill sought to bind private employers the same way, he said, the group would not support it. “But the private sector is way ahead of the government in terms of nondiscrimination policies.”

The legislation assumes additional relevance because of Virginia’s effort to persuade the state’s largest private employer, Northrop-Grumman, to move its corporate offices and 300 lucrative jobs to Virginia. The corporation already owns the enormous Navy shipbuilding facility in Newport News and holds a 10-year, $2.4 billion conversion contract with state government, the largest single-vendor contract ever in Virginia.

Maryland, also competing for the headquarters, sought an advantage by noting McDonnell’s decision to omit protections for gays in his executive anti-discrimination order.

“Here in Maryland, we value our gay and lesbian citizens as part of a diverse population that makes the state strong,” Sen. Richard S. Madaleno Jr. wrote in a Feb. 25 letter to Northrop Grumman CEO Wesley Bush. “Across the Potomac, Virginia is doing the opposite.”

To the left is a handout that I created for members of the Board of Supervisors (click to view full size PDF). These images were provided to accompany my remarks during the February 1 public comment session (kindly delivered by my husband because I was en route to Richmond, but that’s another story). Those remarks are reproduced below.*

The context: If you have been following this issue, you know that two of our local supervisors, Mr. Delgaudio and Ms. Waters, adamantly opposed amending the county’s Equal Employment Opportunity statement to include the prohibition of discrimination on the basis of sexual orientation and gender identity, and that one flash point for their opposition is the notion that “men in dresses” (which I assume is their ignorant and defamatory way of referring to transgender women) would suddenly be able to use women’s restrooms. Here is Lori Waters from the January 5 board meeting: “Would it mean men who dress as women [sic] going to ladies’ restrooms? It could. It could! I don’t know.“

As we know from other instances of bigots exploiting the fears of uninformed people, these sorts of campaigns always pretend that transgender men don’t exist. After all, the reality of the actual transgender community tends to undermine their carefully constructed fiction about “men in dresses” threatening the ladies in public washrooms. I asked this question of the bigots making these claims in Montgomery County a few years ago:

Are the perpetrators of these lies themselves so ignorant of transgender issues that they believe their own talking points - or, are they doing this with full knowledge of their deception? I’m sad to say that I think it’s the latter.

In the case of our local characters, I have to say I’m not so sure. Several independent reports from people in the board room that night suggest that Lori Waters didn’t understand that she was looking at pictures of transgender men. According to one of her colleagues, she wrinkled her brow in confusion as she looked through the photos, while murmuring “these are just men.”

Yes, exactly. That’s why you wouldn’t want them using the ladies’ room. The good news here is the possibility of education. People make mistakes because they don’t have all the information they need, or they haven’t thought about something in a way that wouldn’t occur to them without some help. I would never hold that kind of mistake against someone. It is not the same thing as intentionally bearing false witness.

* Chairman York, members of the Board, Mr. Hemstreet:

I have provided some photos for you. I hope you’ve had a chance to take a quick look at them, because a quick look is all that should be necessary.

I note with amusement that, if Mr. Delguadio and Ms. Waters had their way, based on their statements in this room a few weeks ago, these guys would all be required to use the ladies’ room in Loudoun County.

I don’t think that would make anyone happy.

I want to thank this board, first of all for doing the right thing with regard to the county’s Equal Employment Opportunity statement. In spite of what any of your detractors may think, it is important that prospective employees see in writing that Loudoun County is an inclusive, welcoming place to work and live.

And, I would note, having that statement in our written policy is even more important now, given unfortunate recent events that would give exactly the opposite impression.

I want even more to thank you for taking time in your personal board comments to draw a necessary line, and to affirm that some things are simply unacceptable.

Mr. Delgaudio: You do not speak about other people that way. Ever. But then to lie about it? Disgusting.

My husband is a second-generation Holocaust survivor, and when we see a sitting elected official state that some members of our community are less than human, we take that very seriously. It means the world to me personally that you understood the meaning of this and are taking it seriously too.

So, thank you. I hope, having said that, that you can now move on, continue doing the county’s business, and deny Mr. Delgaudio any further platform from which to line his pockets at the expense of some of our most vulnerable citizens.

Thank you very much for listening.

Also, although you can only see part of the front row in the video, note that there were many children in the audience listening to this rant about “oral sex clubs” and “explicit sex acts between pre-school children.” Delegate Marshall claims that his action was at the request of “constituents.” Here you can see the sort of constituents to whom he answers.

Besides, the more that Mr. Delgaudio, Mr. Marshall, and their foul-mouthed shock troops say about our community, the stronger the case becomes that the amendment was absolutely necessary. Please, keep talking.

Delegate challenges county vote on gay rights

February 17, 2010
By Crystal Owens

Del. Bob Marshall (R-south-central Loudoun) is challenging the legality of a recent decision by Loudoun supervisors to include language in the county’s employment policy forbidding discrimination against homosexual and transgender individuals.

Marshall has asked state Attorney General Ken Cuccinelli for an opinion on whether the county Board of Supervisors had the authority to vote on such an issue.

Local government, under Dillon’s Rule, are allowed to do only what the state allows them to do, he said.

Read more..

Meanwhile, the crew at Too Conservative continues its marathon session of insisting that “nobody cares about this.” Too funny.

Nationwide ‘Standing on the Side of Love’ Day to Advocate for Equality for Everyone

February 10, 2010
By Jason Jacks

A month after Loudoun County banned discrimination against homosexuals within its government, two of the county’s elected leaders are scheduled to take part in an event on Valentine’s Day that is being organized by a group advocating for gay rights.

Loudoun County School Board Chairman John Stevens (Potomac) and Loudoun County Board of Supervisors member Stevens Miller (D-Dulles) will both be members of a panel discussion on what’s being billed as Standing on the Side of Love Day.

The Unitarian Universalists Church is behind the nationwide campaign that has a goal of ending discrimination and “acts of exclusion, oppression, or violence” on people based on race, religion, gender, immigrant status, political orientation, sexual orientation or any identity, as stated on the campaign’s Web site. The site also has a petition in support of same-sex marriages and full equality for homosexuals and transgender people.

More than 80 communities across the country are scheduled to hold similar events on Feb. 14.

Stevens, who is a Unitarian and supporter of same-sex marriages, said he hopes the discussion will bring some civility to a topic that is often heatedly debated.

Read more..

Leesburg Today
February 12
By Erika Jacobson Moore

Two Unitarian Universalist congregations in Loudoun are coming together this Valentine’s Day to give voice to the subject of civil rights for gay, lesbian, bisexual and transgender citizens, and the panel will include two of county’s elected representatives, John Stevens, chairman of the School Board, and Supervisor Stevens Miller (D-Dulles).

Both men are Unitarian. Stevens is a member of the Unitarian Universalist Church of Loudoun in Leesburg and Miller attends services at the Unitarian Universalists of Sterling, and both were asked by their ministers to take part in the panel.

“It is very difficult for people who want to speak in a civil way about LGBT issues to do it sometimes because they’re told that just raising the subject itself is hostile,” Stevens said about his reason for participating. “A lot of people feel uncomfortable with it. They don’t know how to start the discussion with friends and neighbors. We’re hoping to make the whole topic a little more civil and more easy to address.”

Standing on the Side of Love is being organized by the Unitarian Universalists Association and events are being held in congregations across the country Saturday and Sunday. The Loudoun “Re-Imagining Valentine’s Day” event is designed as a forum for people to discuss how to make Loudoun a more accepting and welcoming community, but Miller also hopes that some who do not believe in the gay rights movement are present to take part in the debate.

“This is a place to have a dialogue with some of the folks who play a role in shaping the amount of tolerance,” Miller said. “I think all of us are in a position to help explain what we think and why, and then hear from other people who don’t necessarily agree with us. I wouldn’t want people to think that even though I disagree with them I don’t care what they think. I would like to find some common ground. And you cannot do that without having a dialogue.”

Read more..

On February 14th, Loudoun County will be one of over 80 communities across the nation holding a Re-imagining Valentines Day event. Especially after the damage and embarrassment caused to our county by the behavior of the Sterling supervisor, this healing event is very welcome.

National Standing on the Side of Love Day…
…Valentine’s Day Re-imagined

Sunday, February 14th, 2010 will be ‘National Standing on the Side of Love Day.’ Join us and celebrate a Valentine’s Day re-imagined. Love is about more than romance, greeting cards and chocolates. We want to celebrate love’s power to transform communities!

Sunday February 14th, 12:30-2:30 pm
Unitarian Universalists of Sterling, 22135 Davis Drive, Sterling VA

Contact: Rev. Anya Sammler-Michael
703-731-9018 (cell)
minister@uusterling.org

Standing on the Side of Love, Panel and Public Forum

Standing on the Side of Love in Loudoun County Virginia means healing old wounds of oppression and exclusion and building a welcoming community. This event is open to all, especially those who are wondering why some ministers, elected officials, and other community leaders have chosen to speak up for gay, lesbian, bisexual, transgender and questioning citizens and their rights.

Too much of our public discourse is driven not by love but by fear, which often scapegoats particular people and deems them somehow less than human. This forum will invite participants to engage in a civil discussion in the hopes that we will all learn a bit more about what it means to be partners in our shared humanity by moving as a community beyond tolerance toward welcome and acceptance.

This is an opportunity to ask questions of these leaders whose work shapes our Loudoun County:

Stevens Miller (Loudoun County Board of Supervisors, Dulles District who recently submitted the successful proposal to amend the county government’s policy on equal employment opportunity, to prohibit discrimination based on sexual orientation or gender identity), Wendi Manuel-Scott (Professor of African American Studies at George Mason University who recently produced a documentary on the lives of GLBTQ African Americans on Campus), John Stevens (Loudoun County School Board Chair), Joy Cobb (PTA president, and lesbian parent,) and Lori Stevens (president of Loudoun Education Alliance of Parents, and Board member of PFlag.)

Facilitator: Rev. Lisa Kemper, The Minister of the Unitarian Universalist Church of Loudoun

Sponsored By: The Standing on the Side of Love Campaign, The Unitarian Universalists of Sterling and the Unitarian Universalist Church of Loudoun.

What: Reimagining Valentine’s Day by Standing on the Side of Love, Panel and Public Forum: to heal old wounds of LGBTQ discrimination in Loudoun and to rally support for creating a more welcoming community.

Where: The Unitarian Universalists of Sterling, 22135 Davis Drive, Sterling VA.

When: Sunday February 14th, 2010 / 12:30-2:30.

Contact: Press, RSVP to Rev. Anya Sammler-Michael at 703-731-9018 or minister@uusterling.org

The Standing on the Side of Love campaign, sponsored by the Unitarian Universalist Association, seeks to harness the power of love to stop oppression, exclusion, and violence.