The Virginian-Pilot
© March 2, 2010
RICHMOND
Virginia’s lack of protection for gay and lesbian state workers sends an unwelcoming signal to individual citizens and potential corporate ones, according to advocates who want such policy written into the law.
As evidence, gay-rights group Equality Virginia on Monday produced a Feb. 25 letter from a Maryland senator asking Northrop Grumman Corp.’s chief executive to locate the company’s corporate headquarters in Maryland rather than Virginia.
The missive, penned by openly gay Maryland state Sen. Richard Madaleno Jr., contrasted his state’s “tolerant” policies with what he said were recent actions in Virginia “dismantling the few protections” afforded to gays and lesbians. Northrop Grumman has been praised by gay-rights supporters for its treatment of employees.
Copies of the letter were distributed Monday at a news conference held in support of Virginia Sen. Donald McEachin’s legislation, which would codify a nondiscrimination policy that includes sexual orientation as a protected class.
“It’s the right thing to do and the right time to do it,” McEachin said. The bill, SB66, has passed the Senate and is scheduled to be heard in a House subcommittee today. Earlier this session, the House killed similar legislation.
This skirmish is the latest in a continuing battle over social politics and policy in Virginia, a state that in 2006 amended its constitution to restrict marriage to heterosexuals.
Two previous Democratic governors – Mark Warner and Timothy M. Kaine – each included sexual orientation language in nondiscrimination orders they issued.
Kaine’s order was an early flash point between him and then-Attorney General Bob McDonnell, who argued that the legislature, not the governor, has the legal authority to add language to state employment policy.
Eleven states and Washington, D.C., had worker protection policies that addressed sexual orientation, according to a 2007 analysis done by the National Conference of State Legislatures.
“Discrimination is wrong and Virginia needs to say so,” said Viola Baskerville, a former legislator who served as secretary of administration under Kaine.
Officials with The Family Foundation have labeled the policy unnecessary because they say there isn’t any proof of workplace discrimination based on sexual orientation.
Since taking office this year, McDonnell has issued an equal opportunity executive order that excludes mention of sexual orientation.
On the advice of Attorney General Ken Cuccinelli, McDonnell also withdrew from consideration a regulatory change Kaine proposed that would have allowed gay and lesbian state workers to buy health insurance through the state for their partners.
In his letter, Madaleno claimed that Cuccinelli is seeking to have Virginia universities rescind policies banning discrimination based on sexual orientation.
Citing attorney-client privilege, a spokesman for Cuccinelli said he does not discuss advice given to state agencies.
McDonnell has said his views on those issues are shaped by the law, not personal feelings.
Furthermore, his office “hires and promotes solely on the basis of merit and skill, nothing else,” said McDonnell spokesman Tucker Martin.
On Monday, McEachin challenged McDonnell to articulate his views on the proposal.
The governor has “no position” on McEachin’s bill, Martin said.
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