Brody's Notes... Virginia's Attorney General To All State Schools: "The Law Of The Commonwealth of Virginia Prohibits A College Or University From Including Sexual Orientation"

By Brody Levesque (Washington DC) Mar 5 | The Washington Post as well as The Richmond Times-Dispatch newspapers are reporting this afternoon that Virginia's Attorney General has sent a letter to all public colleges and universities in the Commonwealth, asking that the institutions rescind policies that ban discrimination on the basis of sexual orientation.

In the letter obtained by the Post, Attorney General  Ken Cuccinelli II (R) [ pictured ] writes that;

"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 non-discrimination policy absent specific authorization from the General Assembly." He also wrote Colleges that have included such language in their policies -- which include all of Virginia's leading 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 also stated that "only the General Assembly can extend legal protections to gay state employees" -- a move the legislature has repeatedly declined to take, including as recently as this week.

Reaction has been negative. According to the Post: "What he's saying is reprehensible," said Vincent F. Callahan Jr., a former Republican member of the House of Delegates who serves on the Board of Visitors of George Mason University. 

"I don't know what he's doing, opening up this can of worms."

Student leaders have also expressed outrage and disgust with the Attorney General's letter. The Post reported that Carl Pucci, the president of the student body at Old Dominion University, said Cuccinelli's letter is likely to stir a strong response on campuses. 

"It's going to be a mess. There's no doubt about that," he said. "Our generation is really open-minded. The concept of discrimination, we're just not interested in that...I think you're going to see the whole gamut, from angry letters to protests."

Conversely in support of Cuccinelli, Chris Freund, a spokesman for the Family Foundation, which has long argued that laws protecting employees from discrimination on the basis of sexual orientation are unnecessary, applauded him for his consistency. Freund contested the idea, advanced by many professors, that these policies are unnecessary to attract top students and faculty.