Cuccinelli's inconsistency

Attorney General Ken Cuccinelli advised Senator Robert Hurt (R-Chatham) that he could continue campaign fundraising during the session of the General Assembly. Hurt is seeking the GOP nomination for to run for Congress in the 5th district. Virginia law prohibits campaign fundraising by members during sessions of the General Assembly, but in a January 25 opinion, the attorney general advised Hurt that the prohibition only applies to raising money for Virginia elections. Cuccinelli wrote, "federal law preempts Virginia's fundraising prohibition when a General Assembly member solicits or accepts contributions solely for a federal office."

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?