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Christopher Newport Bars Anti-Gay Bias

February 28, 2007

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The Christopher Newport University board voted Friday to add sexual orientation to the list of qualities on which the Newport News, Va., institution bars discrimination in admissions and employment decisions. The move follows a five-year campaign by students and professors, who previously saw the board table resolutions to expand the equity policy.

In November, several hundred students showed up at a meeting of the Board of Visitors and greeted arriving board members at committee meetings with a silent protest. The board then agreed to reconsider the issue this month, leading to Friday's vote.

The student government led a lobbying campaign on behalf of the change. "This is all about protecting students and protecting faculty and staff, regardless of their sexual orientation, so that everyone on campus feels safe," said Molly Buckley, student body president. "This is a somewhat conservative campus and some gay students say that they don't feel safe speaking up in the classroom or walking at night."

Buckley noted that Virginia is a conservative state on social issues and that voters there just backed a measure to strengthen the ban on gay marriage. "We needed to tell the board that this isn't about gay marriage. It's about protecting students and faculty," Buckley said.

Virginia's attorney general, Robert M. McDonnell, however, thinks the gay marriage ban is relevant. He wrote this month to the Christopher Newport board saying that it would not be legal for the university (or other public institutions in the state, which have done the same thing) to bar discrimination based on sexual orientation.

McDonnell argued that under Virginia law, divisions of the state cannot adopt their own policies on issues on which the General Assembly has taken its own position. McDonnell noted that Virginia law bars discrimination based on a variety of measures, but not sexual orientation. He also noted the gay marriage vote and the failure of 17 measures introduced in the legislature since 1997 to bar anti-gay bias. In light of this record, he said, the state has a position that agencies cannot bar discrimination based on sexual orientation.

A spokeswoman for the university said that the board took the letter under advisement, but did not feel bound by it. The spokeswoman noted that Gov. Tim Kaine issued an executive order in which he barred the agencies he supervises from discrimination based on sexual orientation (among other qualities). The spokeswoman said that the board discussion of the issue was closed to the public, so she did not have details on the board's thinking, except that the vote was unanimous.

Dyana Mason, executive director of Equality Virginia, a gay-rights group, said that someone trying to challenge the anti-bias rules at a public university could cite the attorney general's views, but that other public universities had similar policies in place for years, without difficulty. "We believe universities do have the authority to set policy for internal purposes," she said.

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Comments on Christopher Newport Bars Anti-Gay Bias

  • text needed
  • Posted by Larry on February 28, 2007 at 7:10am EST
  • Does anyone have a copy of the AG’s letter?

  • AG
  • Posted by Molly Buckley , Student Body President at CNU on February 28, 2007 at 11:20am EST
  • I have a copy of it if you are interested.

  • Posted by Art Leonard , professor at NY Law School on February 28, 2007 at 11:20am EST
  • I would have thought that any state institution could premise its non-discrimination policy on its equal protection obligations under the 14th Amendment. Since Romer v. Evans, it's been clear that sexual orientation discrimination is cognizable under the 14th Amendment. Clear enough, in fact, that quite a few federal courts have rejected qualified immunity arguments by state officials defending against sexual orientation discrimination claims, on the ground that the obligation of a state agency not to discriminate on this basis is "well established" as a matter of federal constitutional law.

  • Posted by kgotthardt on February 28, 2007 at 5:31pm EST
  • So, it is legal to discriminate based on sexual orientation in the State of VA.

    Now, I wonder--if this state school is supported by Federal dollars, is there not a legal contradiction somewhere?

    I just love my state of Virginia where some people truly believe they can do whatever they want to whomever they wish no matter what the cost, where it is still considered legal to openly discriminate. It's amazing this crowd ever decided to re-join the good old U.S. after the Civil War. Perhaps they would have been better off as a separate country. Robert M. McDonnell can elect himself as President....or Fuhrer....

  • Posted by Former CNU employee on March 1, 2007 at 9:10am EST
  • Unfortunately, the board's vote on this issue will have little, if any, effect on protecting employees at CNU. Because Virginia is an "at-will" state in regards to employment and because CNU employees are required to sign contracts stating that they "serve at the will of the President," the university, can, and does regularly, dismiss employees for any reason or for no reason whatsoever. The university regularly dismisses employees for purely political reasons and without giving any warning or explanation to the employees. It happened to me, and it has happened to others that I know of.