“I’m afraid we’re opening a can of worms that, in regards to public policy, may not be in the best interest of our society,” cautions Del. Todd Gilbert . And to what issue is his concern directed? What subject causes Virginia’s state legislators to recoil so quickly? The issue: making it unlawful for public employees (such as school teachers) to be discriminated against in the workplace because of their sexual orientation. Currently, there is no law that prohibits employment discrimination on the basis of sexual orientation; meaning, a person could lose his or her job simply because he/she is gay, or perceived to be gay.
Virginia is resistant to change for sure. After all, we are home to Massive Resistance, that period during the mid-1950’s when Virginia would cut state funding for public schools that wanted to integrate. Politicians were not solely to blame for the pathetically slow integration process in Virginia. They were following the lead of the majority of the white public in the Old Dominion who would prefer private schools or distant suburban schools to allowing their kids to get educated alongside black children.
While racial disparities certainly still exist – in the school system as well as others – Virginia has moved at least to an ideological place where those disparities should be eliminated, though solutions are far from clear. The issue of workplace discrimination on the basis of sexual orientation is uniquely different from racial integration in that Virginia’s state legislators are operating alone in their bigotry. Across the country and in Virginia the general public believes that gay people should be treated fairly and, with the exception of the right to marry (unfortunately), have the same rights as straight people.
A nonpartisan study conducted in 2008 by Fabrizio McLaughlin & Associates and The Schapiro Group revealed that Virginians overwhelmingly support making workplace discrimination unlawful. Here is an excerpt from the survey summary:
Virginia voters consistently show overwhelmingly strong support for protection
against anti-gay workplace discrimination, especially when it comes to the rights
of public employees. Strong majorities support gays’ and lesbians’ right to work
for the government (90%), to be protected from workplace discrimination (87%),
and to teach in public schools (79%). Support is strong across party and
demographic lines.
Despite this data, Virginia’s well known anti-gay organization, The Family Foundation, referred to the legislative proposal to ban workplace discrimination based on sexual orientation “campaign fodder.” REALLY? CAMPAIGN FODDER??
Michael Moore, native of Martinsville, Va, says he was forced to resign from his state job at the Virginia Museum of Natural History because he is gay, but was told he had no recourse under state law to pursue a complaint. WHY??? Because even though our current and immediate past Democratic Governors (Kaine and Warner, respectively) signed an executive order prohibiting workplace discrimination on the basis of sexual orientation for public employees, there is no law in the books that backs up the executive order, perhaps rendering it meaningless.
Michael Hamar from The Bilereco Project reports further:
The [Virginia] state attorney general’s office issued a pleading Feb. 24 that says Kaine’s directive “by itself, does not provide a cause of action” in the case and Moore’s petition should be dismissed.
“Sexual orientation is not a protected classification under either state or federal law,” the pleading says. “Attempts to make sexual orientation a protected category under the Virginia Human Rights Act have been continually and consistently rejected by the General Assembly.”
Yes, that last sentence is absolutely correct. The state legislature time and again refuses to grant non-discrimination protections to gays and lesbians. This “can of worms” that Del. Gilbert referred to was slammed shut again during the 2009 General Assembly session when a small legislative subcommittee met to “discuss” the proposed bill. Del. Gilbert was joined by fellow Republican delegates Cosgrove, Carrico, and Scott to kill the bill. Cllick this link to watch the video clip of the bill’s quick demise. http://www.youtube.com/watch?v=-W6utJB-TyM&eurl=http%3A%2F%2Fwww%2Erichmondsunlight%2Ecom%2Fbill%2F2009%2Fhb2385%2F&feature=player_embedded
So, “campaign fodder?” I think not. This is a real issue with unfortunate consequences, both real and perceived. We won’t have equality in our state until everyone is able to work in a discrimination-free workplace. I hope that by the time my children are working the policy of the Commonwealth of Virginia will be “Discrimination of any kind in prohibited!” It’s pretty simple, actually.
Sidebar: It’s important to note that the 2009 Republican Gubernatorial candidate, former attorney general, Bob McDonnell has questioned the validity of the Governor’s executive order that protects public employees from discrimination based on sexual orientation.
For more in-depth information on this and other GLBT issues please see www.equalityvirginia.org.