
Following the massive outrage and pushback over Virginia Republican Attorney General Ken Cuccinelli's advice that public colleges and universities abolish policies that ban discrimination on the basis of sexual orientation and/or gender identity, Republican Gov. Bob McDonnell issued a "directive" last night saying the Commonwealth should not discriminate based on sexual orientation.
'"Discrimination based on factors such as one's sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution. Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited,' McDonnell said in his first executive directive."
"As attorney general before becoming governor, McDonnell, a Republican, determined in 2006 that Democratic Gov. Timothy Kaine's executive order prohibiting discrimination based on sexual orientation was unconstitutional because the state Legislature had not added such a protection to state law. An executive order carries more legal weight than a directive."
The Times Dispatch: "Attorney General Ken Cuccinelli, who says there's nothing in Virginia law to protect gay state workers from discrimination, is welcoming Gov. Bob McDonnell's decree against bias on the basis of sexual orientation. However, it's not clear from a written statement just issued by Cuccinelli whether he backs the governor's legal thinking in issuing a so-called executive directive protecting gay employees. "I applaud Gov. McDonnell for the tone he is setting for the commonwealth of Virginia," said Cuccinelli. "I will remain in contact with the governor and continue to work with him on issues important to Virginians. I expect Virginia's state employees to follow all state and federal anti-discrimination laws and will enforce Virginia's laws to the fullest extent."
Except for there are federal discrimination laws protecting gays and lesbians. And for the second time in one week, the Republican-controlled House of Delegates rejected legislation that would have banned job discrimination against gay state employees.
Despite the significance of McDonnell's "directive", there is no mention of it on the governor's website. And the conservative governor's "directive" apparently contradicts an executive order he recently signed which explicitly removed protections for gay and lesbian state employees.
Rachel Maddow explains the difference between an executive "order" and a "directive". One is enforceable by law, the other is merely a suggestion. Guess which is the weaker, useless one? Watch, AFTER THE JUMP ...