Posted on 02/25/2006 8:20:58 AM PST by Gopher Broke
Victoria Cobb, Executive Director
Friday, February 24, 2006
Victory Alert: AG McDonnell Overrules Governor's Executive Order
Virginia Attorney General Bob McDonnell today issued a legal opinion stating that Executive Order No. 1, which included sexual orientation as a protected class in the Commonwealth's nondiscrimination policy, is unconstitutional. The executive order was one of Governor Warner's parting actions and Governor Kaine's first act as governor, signed immediately after taking the oath of office on January 14.
General McDonnell issued the opinion in response to a query by Delegate Bob Marshall (R-13, Manassas) on the constitutionality of the executive order. The opinion states that the executive order aims to change public policy, which constitutionally, can only be changed through the legislative process.
McDonnell wrote in his opinion that the executive order was "permissible to the extent the Governor is ensuring that the laws are faithfully executed," but that the addition of protected class status to a particular group "was intended to, and in fact did, alter the public policy of the Commonwealth. It is further my opinion that changing the public policy of the Commonwealth is within the purview of the General Assembly; therefore, that portion of Executive Order No. 1 is beyond the scope of executive authority and, therefore, unconstitutional."
It was the third stinging rebuke to the homosexual lobby and their allies in state government in less than a month. Previously, the General Assembly defeated a bill to add sexual orientation and expression to the protected class in nondiscrimination policy not only for the state, but for local governments as well. The General Assembly also stripped similar sexual nondiscrimination language out of the state budget submitted in January by former Governor Mark Warner before his term expired. The insertion of such language into the budget by Warner was unprecedented, as he tried to get policy passed into law through the budgetary process where he could not through normal legislative means.
Reversing the Governor's actions and working to prevent similar legislastion has been a high priority for The Family Foundation this session.
While anticipating such an issue was impossible during his campaign, McDonnell's action today was consistent with his campaign platform of strictly interpreting the Constitution and of limited government. McDonnell's office also played a role in the recent debate on the proposed constitutional amendment defining marriage by defending the amendment's language amid attempts to water down its meaning and to delay the process of getting the amendment on the ballot.
ACTION: Please take a moment to thank Attorney General Bob McDonnell for this opinion and working to protect marriage.
mail@oag.state.va.us
Thanks - E-Mail sent!
Bob McDonnell and his family still attend my church...I'll thank him after Mass tomorrow.
The citizens of the Commonwealth are going to regret, in a big way, voting this creep into office. This is just the first move.
The eyebrow loses one!
You can now fake being in a protected class. Before you had to be blind or missing a few legs or from another planet. Now if something doesn't go your way you just say that you are a homosexual and you are in.
Good News! Reality overrules imposed delusion...
Ah, yes ... Moderate Democrats. Moderate Democrats and the Easter Bunny.
Every election matters and every vote matters. Kaine with a Republican attorney general is somewhat less dangerous than Kaine with a Rat attorney general. And I believe the Republican was elected by an extremely small margin, was he not?
If you figure that out, could you find out what "food insecure" means?
When I actually got to see this guy the next day I could not stop laughing.
Then I hear David Gergen praising the eyebrow man to the skies.......good grief! Neither Gergen or Kaine have two brain cells to rub together.
If you are a white male, you are considered the one the other classes need protection FROM.
Go Bob Go.
Please thank him for upholding the Constitution.
If he deemed this EO illegal in any other way except it's constitutional merits, I would not be so quick to thank him. :-)
Timothy Kaine is fast tracking his liberal, tax spnding agenda. Northern VA should be a seperate state.
Good job, but it's not a "stinging rebuke to the homosexual lobby." It's a stinging rebuke to politicians who don't respect the separation of powers.
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