Today, Republican Attorney General Robert McDonnell issued a seven page opinion saying the executive order signed by Governor Tim Kaine that prohibits discrimination in state hiring because of sexual orientation is unconstitutional. McDonnell "issued his ruling at the request of Del. Robert F. Marshall, R-Prince William, a sponsor last year of a proposed constitutional amendment to ban gay marriage and a frequent author of anti-abortion legislation". The AP has the full story.Marshall, the most outspoken House Republican added "First, there's been no demonstration that homosexuals, as a class, are subjected to discrimination," he said. "Second, I see it as a way to give legal status to sodomy and other practices homosexuals engage in."
Democrat Tim Kaine countered the statements by Republicans McDonnell and Marshall with several statements:
Kaine, a lawyer, said he had "some grave doubts" the opinion's legal accuracy and would not rescind it."I'm not going to tell my agency heads and cabinet secretaries that they're now free to discriminate," Kaine said.
"I guess somebody who felt wounded by this could try to file some suit ordering me to allow people to discriminate, but I would find that to be kind of weird," Kaine said.
Kaine's office said 14 of the 19 Fortune 500 corporations based in Virginia have sexual orientation discrimination bans in effect as do eight of the state's top 10 employers.
The article also adds that Senator's Warner and Allen, along with McDonnell's predecessor Jerry Kilgore all have policies that ban this type of discrimination. Furthermore "Sixty of the 100 members of the House of Delegates and 24 of the 40 senators have either issued statements or signed pledges that sexual orientation would not figure into whom they employ on their legislative staffs."
McDonnell's spokesman Tucker Martin countered with what has become a talking point of the Virginia Republican leader's "If this order was about puppies, it would have the same result," (remember the ridiculous references to turtles and goats earlier in the year).
Virginia Republican leaders = Discrimination okay
Virginia Democratic leaders = Discrimination illegal
"The governor is flabbergasted that the attorney general would opine that the governor cannot instruct his management team not to discriminate," said Kevin Hall.Hall said Kaine believes his decision to expand employment protections to gay and lesbian workers is "not only morally right but legally proper." The spokesman emphasized that the executive order covers only agencies under Kaine's direct supervision.
"We're not presuming that this is the policy of the judicial branch or the legislative branch, although it certainly ought to be," Hall said.
That pretty much sums it up right there.
I am well aware that the AG and Gov are part of the Executive Branch... my point was that Raising Kaine didn't even discuss the basis for the ruling but went off on the usual rant. Maybe if they had discussed some substance you would have understood my previous point.