“While we applaud the administrative gesture made by Governor McDonnell today, his non-binding statement of policy does little to protect Virginians from discrimination. The Governor is instituting half-measures necessitated by political crisis, and the time for these games is over. We call on Governor McDonnell to definitively and permanently eliminate the threat that discrimination poses to the lives, jobs, and welfare of all Virginians.

“Rather than play legal games, Governor McDonnell should just send down a bill that would ban discrimination on the basis of sexual orientation. Under Governors Warner and Kaine, Virginia became the best state for business by enacting the tolerant policies that attract world-class employers to our Commonwealth. No matter how many administrative gestures he makes, the fact remains that Bob McDonnell and his Ken Cuccinelli have rolled back protections against discrimination.”

In Executive Directive 1, the Governor takes the opposite view from the Attorney General, writing that “discrimination of any kind will not be tolerated” and that “discrimination based on factors such as one’s sexual orientation…violates the Equal Protection Clause of the United States Constitution.”

“We are pleased to see Governor McDonnell’s order prohibiting discrimination of all kinds in state employment,” said ACLU of Virginia Executive Director Kent Willis. “It is a broad, positive statement that sends an important non-discriminatory message to every employee, but especially to the gay and lesbian employees who where targeted by the Attorney General.”

“We hope this is only the beginning,” added Willis, “and that the Governor’s example will inspire legislators to finally pass a law prohibiting discrimination on the basis of sexual orientation and gender identity in both private and public sector employment. We also hope that the Governor will broaden his Directive to make it clear that students are not to be discriminated against and that gender identity is protected the same as sexual orientation.”

McDonnell created his own controversy upon taking office, when he removed from an existing executive order language protecting gay and lesbian state employees from discrimination.

Last week, in response to Cuccinelli’s letter, the ACLU sent its own letter to state university presidents warning them that discrimination on the basis of sexual orientation is prohibited under the U.S. Constitution and offering legal representation to anyone discriminated against because of their sexual orientation. To read a copy of the ACLU’s letter, visit: http://acluva.org/wp-content/uploads/2010/03/20100305CollegeNonDiscrimLtr.pdf.

“This is certainly a step in the right direction,” said David Lampo, vice president of Log Cabin Republicans,” and certainly puts some meat on the bones of his stated policy of employment nondiscrimination.” Lampo stated that such clarification was absolutely essential in light of the recent letter issued by Attorney General Ken Cuccinelli, which not only ordered state colleges and universities to rescind their nondiscrimination policies but also called into question the Governor’s own nondiscrimination policy.

“While we applaud this development,” Lampo continued, “we continue to urge the Governor to support a bill like SB66 that would extend such employment protections to all state employees, not just those in the executive branch. That is the only fair and just outcome to this controversy, and it would end once and for all the Attorney General’s disgraceful attempts to intimidate state colleges and universities into dropping their entirely justified employment nondiscrimination policies.”

The club also thanked Lt. Governor Bill Bolling for his support of the Directive.

We’re still trying to digest this news.

“Equality Virginia is gratified that the Governor has responded positively to our call for action. The Governor took a major positive step forward today toward assuring that gay, lesbian, bi-sexual and transgender workers will not be subject to discrimination in state employment. Equality Virginia applauds his implementation of a ‘standard of conduct’ that recognizes that discrimination based on sexual orientation is unconstitutional and establishes a strict prohibition against such discrimination in the state workforce. At the same time, however, the directive is silent regarding discrimination based on gender identity, and does not afford any protection to students at our state colleges and universities, so it is clear that there is much work still to be done.

“Accordingly, Equality Virginia will continue to urge the Governor and the legislature to work together with us to codify workplace protections for all gay, lesbian, bi-sexual and transgender state employees and to support future legislation that protects Virginians from all discrimination based on sexual orientation and gender identity in employment, housing and public accommodations.

“Equality Virginia sincerely hopes that the Attorney General agrees that the Governor’s action today is within his authority and that he will defend the Governor’s enforcement of Executive Directive #1.”