Virginia governor counters state attorney general's advice on gays

RICHMOND, Va. — Gov. Bob McDonnell directed state agencies not to discriminate against gay people in employment practices Wednesday, essentially overriding the Virginia attorney general's advice to public colleges.

The governor issued the written directive as about 200 gay-rights activists swarmed the Capitol to protest Attorney General Kenneth Cuccinelli's letter last week telling public colleges they cannot prohibit discrimination based on sexual orientation without specific authorization from the General Assembly.

The Virginia Human Rights Act bars discrimination based on race, gender, disability and other factors, but the legislature has repeatedly refused to add sexual orientation to the law.

Nevertheless, McDonnell's directive says state agencies cannot discriminate against gay people.

"Discrimination based on factors such as one's sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution," he wrote. For that reason, "discrimination against any class of persons without a rational basis is prohibited."

Cuccinelli had advised public colleges to rescind or change any anti-discrimination policies protecting gays. McDonnell spokesman Tucker Martin said colleges now can keep their policies as long as they are "consistent with the principles of the directive."

After the governor issued his directive, Cuccinelli said in a brief written statement that he applauds McDonnell "for the tone he is setting" and that he expects state employees "to follow all state and federal anti-discrimination laws." Cuccinelli was not available for further comment, a spokesman said.

Jon Blair, chief executive officer of the gay-rights group Equality Virginia, called McDonnell's directive "a major positive step forward" but lamented that it applies only to employment and does not offer any protection to students.

McDonnell told reporters he felt compelled to issue the policy statement because of the widespread concern that followed Cuccinelli's letter.

"I felt it was necessary to make sure that every Virginian, every state employee know that we will not tolerate discrimination," he said. He said the directive "makes it absolutely clear for every manager, every Cabinet member, every employee in the executive branch that I will not tolerate discrimination on any basis in the state of Virginia."