Posted on 02/25/2006 8:20:58 AM PST by Gopher Broke
This article makes it sound like the issue isn't resolved and may go to court.
Executive order is questioned
McDonnell objects to Kaine's action that bans bias against gays
Gov. Timothy M. Kaine overstepped his constitutional authority when he outlawed bias against gays in state hiring, employment and promotion, the attorney general contends.
In an opinion released yesterday, Attorney General Bob McDonnell, a Republican social conservative, said that Democrat Kaine's issuance of the anti-bias order exceeds "the scope of executive authority" and is unconstitutional.
In essence, McDonnell argued that Kaine usurped the power of the General Assembly, which had repeatedly rejected numerous efforts in recent years to include sexual orientation as a protected class in the commonwealth's nondiscrimination policy.
Kaine dismissed McDonnell's opinion as flimsy, declaring that his executive order remains valid and controls state employment.
"I find it amazing an attorney general would say I can't tell my Cabinet" and appointed depart- ment heads that "they can't discriminate," he said.
"I'm floored by that," said Kaine, a Harvard-educated lawyer from Richmond. A former mayor of Richmond, Kaine long has been a defender of civil and individual rights.
He said he has grave doubts about the legal reasoning in McDonnell's opinion. He reminded the attorney general that, among many other Virginia politicians, his elected predecessor Republican Jerry W. Kilgore had pledged not to discriminate based on sexual orientation.
Kaine said he would fight, in court if necessary, to defend his policy, which he said he has the authority to promulgate as the chief personnel and executive officer of the commonwealth.
* snip *
http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1137834349025&path=%21news&s=1045855934842
This article makes it sound like the issue isn't resolved and may go to court.
Executive order is questioned
McDonnell objects to Kaine's action that bans bias against gays
Gov. Timothy M. Kaine overstepped his constitutional authority when he outlawed bias against gays in state hiring, employment and promotion, the attorney general contends.
In an opinion released yesterday, Attorney General Bob McDonnell, a Republican social conservative, said that Democrat Kaine's issuance of the anti-bias order exceeds "the scope of executive authority" and is unconstitutional.
In essence, McDonnell argued that Kaine usurped the power of the General Assembly, which had repeatedly rejected numerous efforts in recent years to include sexual orientation as a protected class in the commonwealth's nondiscrimination policy.
Kaine dismissed McDonnell's opinion as flimsy, declaring that his executive order remains valid and controls state employment.
"I find it amazing an attorney general would say I can't tell my Cabinet" and appointed depart- ment heads that "they can't discriminate," he said.
"I'm floored by that," said Kaine, a Harvard-educated lawyer from Richmond. A former mayor of Richmond, Kaine long has been a defender of civil and individual rights.
He said he has grave doubts about the legal reasoning in McDonnell's opinion. He reminded the attorney general that, among many other Virginia politicians, his elected predecessor Republican Jerry W. Kilgore had pledged not to discriminate based on sexual orientation.
Kaine said he would fight, in court if necessary, to defend his policy, which he said he has the authority to promulgate as the chief personnel and executive officer of the commonwealth.
* snip *
http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD_BasicArticle&c=MGArticle&cid=1137834349025&path=%21news&s=1045855934842
Sorry for the double post...WiFi does that sometimes.
Kaine, an ACLU lawyer, pretended to be a devout Christian on the campaign trail last year. Can't believe people fell for that.
Thank goodness, McDonnell won the Attorney General race by 360 votes. Deeds, the RAT, would never have done this.
I know a few ACLU lawyers. They are all leftists and untrustworthy.
You can not trust them on a personal OR professional level.
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