Shani Ciarrochi, Missouri Southern freshman, wears duct tape that reads "Ally" as part of a protest by a group of students against an MSSU policy that does not protect from discrimination based on sexual orientation in Joplin, Mo., Wednesday, Feb. 24, 2010. (AP Photo/The Joplin Globe, T. Rob Brown)RICHMOND, Va. (AP) -- Virginia's attorney general has advised the state's public colleges that they don't have the authority to ban discrimination based on sexual orientation, saying only the General Assembly has that power.
The letter sent by Attorney General Kenneth Cuccinelli to state college presidents and other officials Thursday drew swift criticism from Democrats and gay rights activists.
Cuccinelli said the legislature has repeatedly refused to exercise its authority. As recently as Tuesday, a subcommittee killed legislation that would have banned job discrimination against gay state employees.
"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," Cuccinelli wrote.
The Republican advised college governing boards to "take appropriate actions to bring their policies in conformance with the law."
Jon Blair, chief executive officer of the gay rights group Equality Virginia, said Cuccinelli's "radical actions are putting Virginia at risk of losing both top students and faculty, and discouraging prospective ones from coming here."
C. Richard Cranwell, state Democratic Party chairman, said Virginia's colleges and universities were more than capable of setting policies that work for them "without meddling from Ken Cuccinelli."
The attorney general said his letter merely stated Virginia law, which prohibits discrimination because of "race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability," but makes no mention of sexual orientation.
Cuccinelli said the criticism was coming from people who have been frustrated in their attempts to change the law.
"None of them suggest our reading of the law is wrong. It's people who don't like the policy speaking up because it's their opportunity to go on the attack," he said.
By Jeannine Aversa
updated 52 minutes ago
The recovery lost momentum in the spring as growth slowed to a 2.4 percent pace, its most sluggish showing in nearly a year and too weak to drive down unemployment. Published 8:33 a.m. July 30, 2010
By Sean Lengell - The Washington Times
The House ethics committee officially lodged charges against Rep. Charles B. Rangel, including that he used his office to raise $8 million for a college public policy center named after him and didn't file taxes while he was Congress' chief tax writer. Published 8:56 p.m. July 29, 2010
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