Bob McDonnell | Discrimination | Ken Cuccinelli | News | Virginia

VA Governor McDonnell Issues Unenforceable Directive to State: Don't Discriminate Against Gays


Following outrage over Attorney General Ken Cuccinelli's advice last week that public universities should rescind their bylaws protecting gays and lesbians from discrimination, Governor Bob McDonnell issued a "directive" late yesterday saying the state should not discriminate based on sexual orientation.

The WaPoCuccinelli  "The directive is a formal statement of McDonnell's position that hiring, promotion, compensation, treatment, discipline and termination of state employees can be based only on an individual's job qualifications, merit and performance. 'We will not tolerate discrimination based on sexual orientation or any other basis that's outlawed under state or federal law or the Constitution, and if it is reported, then I will take action, from reprimand to termination, to make sure that does not occur,' McDonnell said. 'I believe this properly takes care of it and assures the good people of Virginia that we will absolutely not have discrimination in this state.' Describing his statement as a call for 'civility and fair treatment,' McDonnell said he was encouraging universities and independent state agencies to adopt policies or clarify their existing nondiscrimination statements to ensure they can enforce his directive."

McDonnell's directive appears to contradict an executive order he recently signed which explicitly removed language protecting gays and lesbians from discrimination from the state's anti-bias laws.

Rachel Maddow explains the an executive "directive", however, does not have the power of law behind it like and executive "order" does. It's merely a suggestion.


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  1. Aren't those the same people who appeared behind him during his SOTU rebuttal?

    Posted by: Rodney | Mar 11, 2010 7:27:47 AM

  2. Ah, the great political trick called: The hand is quicker than the eye.


    Posted by: jakeinlove | Mar 11, 2010 7:47:44 AM

  3. Cuccinelli has a great mouth---I'd like to grab his upper lip between mine and kiss the straight away

    Posted by: Christopher | Mar 11, 2010 8:17:46 AM

  4. There's not that much straight there to start with.

    Posted by: David Ehrenstein | Mar 11, 2010 8:34:22 AM

  5. Ahhhhh, Nice try Bob...We all know DAMN well he will not disappoint Pat Robertson and Howard Fineman told the real dirt on this and said behind closed doors he support Cuccaracha. But he wants to be known as a Gov who will get jobs.

    Jobs? With him taking VA ass backwards I don't think so.

    As for MS Cuchifrito..I meant, Cocaroach, I meant Cuccinelli. He just looks like he's screaming
    HELP come get me out of this closet!

    Posted by: Chris | Mar 11, 2010 8:34:53 AM

  6. I have an idea how a university could respond to Cuccinelli's advice. If I were the head of a Virginia university, I would simply fire every single employee that I had the power to fire. I would give the reason for their dismissal, that they were being fired because of their sexual orientation. If sexual orientation is not a basis for protection from discrimination, then none of them would have a legal basis to complain, regardless of whether they are straight or gay. I think it would be the best way to demonstrate the absurdity of allowing sexual orientation discrimination.

    Posted by: everettattebury | Mar 11, 2010 9:42:39 AM

  7. If he really thinks he can fool the people then he is very wrong. This lame solution to the problem just worsen his stand making it even better if he did nothing at all. Playing with the gay rights is not how it should be.

    Posted by: Andre Martin | Mar 11, 2010 12:22:02 PM

  8. Virginia, you can kiss my MoFing ass!

    Posted by: gayalltheway | Mar 11, 2010 12:29:02 PM

  9. @EverettAttebury: That's a great concept. I haven't given it more than cursory consideration (meaning I haven't thought about how or if it would work) but I hope your idea becomes reality.

    Posted by: ib4e | Mar 11, 2010 2:01:51 PM

  10. @EverettAttebury so a CEO can fire every employee of his company (except HR dept) based on their "sexual orientation" and hire lower paid new employees? It would help his budget's bottom line.Fired employees have no recourse?

    Posted by: greg2 | Mar 11, 2010 10:05:46 PM

  11. As an openly gay Virginian, I would like to say this to everyone not openly gay in Virginia. THIS WAS FRICKING HUGE!!! And it took a LOT of courage on his part. This means so much to gay Virginians, so stop with your negativity and let us enjoy this very big step for our state. Remember, he McDonnell didn't have to do anything. He is actually helping us, and some of you are still not happy.

    Posted by: Adam | Mar 11, 2010 10:09:10 PM

  12. OMG, Adam. Little things mean alot, don't they?

    Posted by: Perry | Mar 12, 2010 9:37:59 AM

  13. hey adam...he is the one who took it away in the 1st place...after 2 former governors impliments whats that you're sayin?

    Posted by: Disgusted American | Mar 15, 2010 4:18:47 PM

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