Earlier this month, the attorney general wrote to presidents of state colleges and universities to advise that they should rescind their policies banning discrimination on the basis of sexual orientation. It was an wrong-headed follow-up to Governor Bob McDonnell's decision to remove sexual orientation from an executive order banning discrimination. These decisions should surprise no one familiar with their history - neither man is exactly a champion of equality.
When compared to the advice given to Senator Hurt, the Cuccinelli letter to the colleges stands out as rank legal hypocrisy. If federal law preempts Virginia's law on fundraising, than federal law and the United States Constitution also preempt Virginia laws that discriminate. Our universities regularly receive federal grants, and nondiscrimination is a condition of all. More importantly, the United States Supreme Court and federal courts have repeatedly struck down laws that discriminate on the basis of sexual orientation.
Could Mr. Cuccinelli be giving out less than impartial legal advice to the agencies and officials of the Commonwealth? Does he think the U.S. Constitution only applies in Virginia when he says so?