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Virgina AG Ken Cuccinelli Target Of Protests For Anti-Gay Policy

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Ken Cuccinelli, Virginia’s new Attorney General, directed all state schools and colleges to remove any existing sexual orientation references from their non-discrimination policies. Now he is facing major backlash from the campus populations, LGBTQ activists, and even conservative politicians.

In a memo last week, Cuccinelli wrote,

“It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college or university from including ‘sexual orientation,’ ‘gender identity,’ ‘gender expression,’ or like classification as a protected class within its non-discrimination policy absent specific authorization from the General Assembly.”

The Washington Post called Cuccinelli’s move “his most aggressive initiative on conservative social issues since taking office in January,” adding,

“What he’s saying is reprehensible,” said Vincent F. Callahan Jr., a former Republican member of the House of Delegates who serves on George Mason’s board of visitors. “I don’t know what he’s doing, opening up this can of worms.”

“It is not entirely clear what recourse Cuccinelli would have if the universities do not follow his advice. Claire Guthrie Gastañaga, general counsel to the gay rights group Equality Virginia and a former deputy attorney general, urged boards to seek a second opinion. “They call it advice for a reason,” she said.

“Former attorney general Jerry Kilgore (R) agreed it would be difficult for Cuccinelli to enforce his opinion without pursuing court action. But he said college visitors swear an oath to abide by state statute.”

“U.S. Sen. Mark Warner (D-Va.) said in a statement that Cuccinelli’s advice would “damage the Commonwealth’s reputation for academic excellence and diversity.”

On its College, Inc. blog, The Post also reports,

“The University of Virginia group Queer & Allied Activism has launched a social media campaign, urging students to protest on Cuccinelli’s Facebook and Twitter pages, and to sign a petition organized by the group Equality Virginia.

“Some students contend Cuccinelli released the letter late last week on purpose, because it caught many students leaving for break.

“I’ve never gotten so many e-mails from students wanting to do something,” said Brandon Carroll, 21, student government president at Virginia Tech. In his view, any erosion in gay rights at state universities is “going to make us lose top students. It’s going to make us lose top faculty.”

In, “Virginia Is For Haters,” civil rights activist, author, and former Clinton White House senior advisor David Mixner calls the actions by both Cuccinelli and his boss, Governor Bob McDonnell “hostile and bigoted,” a “campaign of hate,” and urges action:

“If the new generation of activists created by Proposition 8 ever needed a target, this is it.”

Mixner has offered an eleven-point action plan, and this warning:

“If we allow them to proceed without disruption, paying no price for such actions and continuing with business as usual, then we can expect others to follow in their footsteps and we should get ready to find enjoyment in being second class citizens.”

Students themselves have taken to protesting on a large scale.

A University of Virginia student group, “Queer & Allied Activism,” wrote a letter to both Governor McDonnell and AG Cuccinelli, stating,

“This move sets the tone for the state and universities and sends the message that LGBTQ individuals are not welcome in Virginia. This is a clear flip flop on his campaign promise not to promote a social agenda,” and wisely adding, “based on our own research of the top 50 schools ranked by US News & World Reports, 49 of 50 schools have non-discrimination protections for sexual orientation, and 38 have protections for gender identity.”

In conjunction with their social media campaign, they have also created a Facebook page, “WE DON’T WANT DISCRIMINATION IN OUR STATE UNIVERSITIES AND COLLEGES!” which currently has over 4500 fans and is growing rapidly.

The ACLU of Virginia is getting involved too. Via their website:

“The ACLU of Virginia is sending letters to all public university presidents warning them against taking any action that would permit discrimination against gay and lesbian employees or students.  According to the ACLU, gays and lesbians are protected against governmental discrimination by the U.S. Constitution.

“The letter, from ACLU of Virginia Legal Director Rebecca K. Glenberg, is intended to counteract a March 4 letter from Attorney General Ken Cuccinelli informing state universities that their non-discrimination policies as applied to gays and lesbians are not authorized by state law and must be rescinded.

“Cuccinelli’s letter is an affront to anyone who stands for the principle of equal protection under the law,” said ACLU of Virginia Executive Director Kent Willis.  “Regardless of state law or policy, not only should universities prohibit discrimination on the basis of sexual orientation, but they are required to do so under the U.S. Constitution.”

“If Ken Cuccinelli is trying to say that the U.S. Constitution doesn’t apply in Virginia,” added Willis, “his first significant act as Attorney General is a giant step backwards and a huge embarrassment for the state.”

Let me add this. Elections matter. The time to get involved is now. As I wrote in “Eight Months From Today, The America We Know Will Be Gone,”

“Governors sign — or veto — same sex marriage legislation. Governors and mayors include — or exclude — the LGBTQ workforce from their anti-discrimination policies. (Thank you again, newly sworn-in Virgina Governor Bob McDonnell, for removing protections for LGBTQ state workers, even though you campaigned on an agenda that you claimed wasn’t about social issues, but financial ones.)

“Why does this matter? Because there still are Republicans who would like to not only ensure DOMA doesn’t get repealed, but that there’s a federal marriage amendment written into the constitution that clearly defines marriage as between one man and one woman. Think that’s impossible today? Not when support for same-sex marriage in some polls is slightly declining, and not when the last time the Federal Marriage Amendment was voted on was less than four years ago. (And not when just two weeks ago, Senator Mike Pence called for a constitutional amendment to ban gay marriage!)”

Lastly, let me also say this: The LGBTQ community has it tough as it is. We are second-class citizens, without the same rights that our heterosexual counterparts have and often take for granted. Like the right to marry. Like, the right to serve honestly in the armed forces. Like the right to adopt children as a couple. And so many others.

But when members of our own community actively campaign for people like Bob McDonnell, this is the end result. The Log Cabin Republicans of Virginia knew there was an issue with McDonnell when, during the campaign, the Washington Post found an old college thesis of McDonnell’s that was, to quote the Log Cabin Republicans themselves, “frightening.”

In the Log Cabin Republicans’ September, 2009 newsletter, here’s what they had to say:

“In response to the widely quoted, 20-year-old college thesis that the Washington Post recently unearthed, Republican gubernatorial candidate Bob McDonnell has expressed his strongest support to date for the principle of nondiscrimination on the basis of sexual orientation by the government.  The dissertation expressed some frightening views for those who believe in limited government, individual rights, and equality under the law.  McDonnell says his views on these issues have changed and that he now believes that “government should not punish or discriminate based on anyone’s sexual orientation.”  Much of his voting record in the House, however, is at odds with this admirable statement, so Mr. McDonnell appears to be a work in progress on glbt issues.”

Get that? A “work in progress.” Well, folks, this “work in progress” walked in the door, was sworn in, and then actively went out of his way to remove long-term anti-discrimination protections from Virginia’s LGBTQ community. And then, his homphobic Attorney General followed suit even more strongly.

The Log Cabin Republicans of Virginia did speak out aggressively against Cuccinelli, but also did support McDonnell. It only takes a nod from the top to give all the others the support they need to do each others’ bidding.

Is anyone surprised?

I’m not. Nor is DailyPress.com’s Carol Capó, who, in, “As Cuccinelli shows his stripes, what was Virginia thinking?,” writes,

“The new attorney general’s fast out of the blocks with controversial moves in his first months on the job. Controversial, but not surprising. In his campaign, he made no bones about his ideas and ideals. Now we’ll see how they work out as state policy.

“Actually, the idea of an attorney general making policy is alarming. When the governor and General Assembly do it, there are checks and balances.

“But when the attorney general starts in, where’s the check? When he comes out of the far reaches of the ideological spectrum, as Cuccinelli does, there’s no balance. Only some far-off accountability, at the next election. But attorneys general rarely run for re-election. Usually, they’re using the office to polish up their résumé for the job they really want: governor.

“To this one, Virginia, pay attention.”

Virginia, and every other state as well.

Ironically, on Cuccinelli’s own website, in a letter thanking voters, he writes,

“In addition to standing guard over your individual rights during my tenure, you can count on me to stand guard against constitutional overreaching by the federal government, but only thanks to your support and your efforts.”

So, let’s get to work!”

I suppose one could add, “Unless you’re LGBTQ.”

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OPINION

‘I Hope You Find Happiness’: Moskowitz Trolls Comer Over Impeachment Fail

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15 hours ago

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April 24, 2024

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U.S. Rep. Jared Moskowitz (D-FL) is mocking House Oversight Committee Chairman Jim Comer over a CNN report revealing the embattled Kentucky Republican who has been alleging without proof President Joe Biden is the head of a vast multi-million dollar criminal bribery and influence-peddling conspiracy, has given up trying to impeach the leader of the free world.

CNN on Wednesday had reported, “after 15 months of coming up short in proving some of his biggest claims against the president, Comer recently approached one of his Republican colleagues and made a blunt admission: He was ready to be ‘done with’ the impeachment inquiry into Biden.” The news network described Chairman Comer as “frustrated” and his investigation as “at a dead end.”

One GOP lawmaker told CNN, “Comer is hoping Jesus comes so he can get out.”

“He is fed up,” the Republican added.

Despite the Chairman’s alleged remarks, “a House Oversight Committee spokesperson maintains that ‘the impeachment inquiry is ongoing and impeachment is 100% still on the table.'”

RELATED: ‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

Last week, Oversight Committee Ranking Member Jamie Raskin (D-MD) got into a shouting match with Chairman Comer, with the Maryland Democrat saying, “You have not identified a single crime – what is the crime that you want to impeach Joe Biden for and keep this nonsense going?” and Comer replying, “You’re about to find out.”

Before those heated remarks, Congressman Raskin chided Comer, humorously threatening to invite Rep. Moskowitz to return to the hearing.

Congressman Moskowitz appears to be the only member of the House Oversight Committee who has ever made a motion to call for a vote on impeaching President Biden, which he did last month, although he did it to ridicule Chairman Comer.

It appears the Moskowitz-Comer “bromance” may be over.

Wednesday afternoon Congressman Moskowitz, whose sarcasm is becoming well-known, used it to ridicule Chairman Comer.

“I was hoping our breakup would never become public,” he declared. “We had such a great thing while it lasted James. I will miss the time we spent together. I will miss our conversations. I will miss the pet names you gave me. I only wish you the best and hope you find happiness.”

Watch the video above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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OPINION

‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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18 hours ago

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April 24, 2024

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The U.S. Supreme Court heard oral arguments in a case centered on the question, can the federal government require states with strict abortion bans to allow physicians to perform abortions in emergency situations, specifically when the woman’s health, but not her life, is in danger?

The 1986 federal Emergency Medical Treatment and Active Labor Act (EMTALA), signed into law by Republican President Ronald Reagan, says it can. The State of Idaho on Wednesday argued it cannot.

U.S. Solicitor General Elizabeth Prelogar, The Washington Post’s Kim Bellware reported, “made a clear delineation between Idaho law and what EMTALA provides.”

“In Idaho, doctors have to shut their eyes to everything except death,” Prelogar said, according to Bellware. “Whereas under EMTALA, you’re supposed to be thinking about things like, ‘Is she about to lose her fertility? Is her uterus going to become incredibly scarred because of the bleeding? Is she about to undergo the possibility of kidney failure?’ ”

READ MORE: Gag Order Breach? Trump Targeted Cohen in Taped Interview Hours Before Contempt Hearing

Attorney Imani Gandy, an award-winning journalist and Editor-at-Large for Rewire News Group, highlighted an issue central to the case.

“The issue of medical judgment vs. good faith judgment is a huge one because different states have different standards of judgment,” she writes. “If a doctor exercises their judgment, another doctor expert witness at trial could question that. That’s a BIG problem here. That’s why doctors are afraid to provide abortions. They may have an overzealous prosecutor come behind them and disagree.”

Right-wing Justice Samuel Alito appeared to draw the most fire from legal experts, as his questioning suggested “fetal personhood” should be the law, which it is not.

“Justice Alito is trying to import fetal personhood into federal statutory law by suggesting federal law might well prohibit hospitals from providing abortions as emergency stabilizing care,” observed Constitutional law professor Anthony Michael Kreis.

Paraphrasing Justice Alito, Kreis writes: “Alito: How can the federal government restrict what Idaho criminalizes simply because hospitals in Idaho have accepted federal funds?”

Appearing to answer that question, Georgia State University College of Law professor of law and Constitutional scholar Eric Segall wrote: “Our Constitution unequivocally allows the federal gov’t to offer the states money with conditions attached no matter how invasive b/c states can always say no. The conservative justices’ hostility to the spending power is based only on politics and values not text or history.”

Professor Segall also served up some of the strongest criticism of the right-wing justice.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

He wrote that Justice Alito “is basically making it clear he doesn’t care if pregnant women live or die as long as the fetus lives.”

Earlier Wednesday morning Segall had issued a warning: “Trigger alert: In about 20 minutes several of the conservative justices are going to show very clearly that that they care much more about fetuses than women suffering major pregnancy complications which is their way of owning the libs which is grotesque.”

Later, predicting “Alito is going to dissent,” Segall wrote: “Alito is dripping arrogance and condescension…in a case involving life, death, and medical emergencies. He has no bottom.”

Taking a broader view of the case, NYU professor of law Melissa Murray issued a strong warning: “The EMTALA case, Moyle v. US, hasn’t received as much attention as the mifepristone case, but it is huge. Not only implicates access to emergency medical procedures (like abortion in cases of miscarriage), but the broader question of federal law supremacy.”

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

 

 

 

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Gag Order Breach? Trump Targeted Cohen in Taped Interview Hours Before Contempt Hearing

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20 hours ago

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April 24, 2024

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Hours before his attorneys would mount a defense on Tuesday claiming he had not violated his gag order Donald Trump might have done just that in a 12-minute taped interview that morning, which did not air until later that day. It will be up to Judge Juan Merchan to make that decision, if prosecutors add it to their contempt request.

Prosecutors in Manhattan District Attorney Alvin Bragg’s office told Judge Juan Merchan that the ex-president violated the gag order ten times, via posts on his Truth Social platform, and are asking he be held in contempt. While the judge has yet to rule, he did not appear moved by their arguments. At one point, Judge Merchan told Trump’s lead lawyer Todd Blanche he was “losing all credibility” with the court.

And while Judge Merchan directed defense attorneys to provide a detailed timeline surrounding Trump’s Truth Social posts to prove he had not violated the gag order, Trump in an interview with a local television station appeared to have done so.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

The gag order bars Trump from “commenting or causing others to comment on potential witnesses in the case, prospective jurors, court staff, lawyers in the district attorney’s office and the relatives of any counsel or court staffer, as CBS News reported.

“The threat is very real,” Judge Merchan wrote when he expanded the gag order. “Admonitions are not enough, nor is reliance on self-restraint. The average observer, must now, after hearing Defendant’s recent attacks, draw the conclusion that if they become involved in these proceedings, even tangentially, they should worry not only for themselves, but for their loved ones as well. Such concerns will undoubtedly interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law itself.”

Tuesday morning, Trump told ABC Philadelphia’s Action News reporter Walter Perez, “Michael Cohen is a convicted liar. He’s got no credibility whatsoever.”

He repeated that Cohen is a “convicted liar,” and insisted he “was a lawyer for many people, not just me.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Since Cohen is a witness in Trump’s New York criminal case, Judge Merchan might decide Trump’s remarks during that interview violated the gag order, if prosecutors bring the video to his attention.

Enter attorney George Conway, who has been attending Trump’s New York trial.

Conway reposted a clip of the video, tagged Manhattan District Attorney Bragg, writing: “cc: @ManhattanDA, for your proposed order to show cause why the defendant in 𝘗𝘦𝘰𝘱𝘭𝘦 𝘷. 𝘛𝘳𝘶𝘮𝘱 should not spend some quiet time in lockup.”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in this New York criminal trial for alleged falsification of business records to hide payments of “hush money” to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which experts say is election interference.

Watch the video below or at this link.

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

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