STUPIDITY, DUPLICITY, AND HYPOCRISY? Ken Cuccinelli, Virginia’s attorney general produced a stampede of criticism from the usual suspects by “advis[ing] 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.”

Cuccinelli’s response:

A review of the law and the opinions of no less than five of my predecessors — Democrats and Republicans alike — demonstrated that any decision regarding the creation of a specially protected class belongs exclusively to the General Assembly. A public university simply lacks the power to create a new specially protected class under Virginia law. …

As a legal matter, this statement of Virginia law has not been seriously challenged. While issues related to sexual orientation are among the most emotional and controversial, they do not change this fundamental proposition of Virginia law. My now well-publicized letter simply stated the current state of Virginia law; it did not advocate for any particular legislative position. Should the General Assembly change the law, my advice will be consistent with it.

The General Assembly has considered and defined the protected classes for purposes of nondiscrimination statutes. It has specifically defined unlawful discrimination at educational institutions. The Virginia Human Rights Act states that it is the policy of the commonwealth to “safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability, in places of public accommodation, including educational institutions.” In addition to this affirmative statement, the General Assembly has on numerous occasions, including this session, considered and rejected creating a protected class defined by sexual orientation. No state agency can reach beyond such clearly established boundaries.

Nothing I have said or written authorizes unconstitutional discrimination against any person. My letter in no way addresses the legislative issue of including sexual orientation in non-discrimination policies. I believe that our colleges and universities do not illegally discriminate against any class of persons. Likewise, I do not believe they can or will after my restatement of Virginia law.

The people of the commonwealth, through their elected representatives, determine Virginia’s laws. I cannot bend the law to fit a particular outcome, no matter what a person or group might wish, myself included. I have simply stated what is and is not currently permissible under the laws of Virginia. That is my job as attorney general.

I’m posting Attorney General Cuccinelli’s response in full for the simple reason that I’m tired of being assumed to be a gay-bashing homophobe simply because I believe that the law 1) applies to everyone and that 2) unlike some of the extreme liberal persuasion, it is not discretionary.

Stupidity, duplicity, hypocrisy? Draw your own conclusions.