Homophobia in Higher Ed
Thursday, March 11th, 2010Like many of our nation’s schools, Virginia state colleges and universities are currently facing a variety of problems–increased tuition, budget cuts, position cuts. Yet rather than addressing these pressing issues, Virginia Attorney General Ken Cuccinelli II felt that last week was the perfect time to issue the following statement:
“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 … I am aware that several Virginia colleges and universities have included ’sexual orientation’ in their various policies. For the reasons stated, any college or university that has done so has acted without proper authority … Accordingly, I would advise the boards of each college to take appropriate actions to bring their policies in conformance with the law and public policy of Virginia.”
The fact that he felt it was appropriate to spend valuable time on this letter is disappointing enough, but the sentiment he is conveying is downright offensive. I cannot think of one instance in which it would be necessary to remove a demographic from a non-discrimination policy.
By suggesting that colleges and universities cease to include “sexual orientation” in their policies, Cuccinelli is saying that discriminating against gay students is not only permissible but protected by the school. If you discriminate against women or minorities, you will be punished. If you discriminate against homosexuals, you will not be punished. Cuccinelli is essentially creating state-sanctioned homophobia.
Virginia boasts several of the nation’s best public colleges and universities. If Cuccinelli’s policy changes are enacted, however, they could cause a “brain drain”–top students and faculty will not want to be members of a community in which all are not protected equally.
Sadly, Cuccinelli does have supporters, such as The Family Foundation, which wrote that “The goal [of including gay people in school policies] is not anti-discrimination–it is forced acceptance of a lifestyle that many Virginians find antithetical to their faith.” Apparently, this organization forgot that according to our Constitution, their “faith” should in no way be considered when creating government-sanctioned policies.
It’s sad and ironic that the University of Virginia, founded and so beloved by Thomas Jefferson that he called himself the “father of the University of Virginia,” may be forced to comply with a policy that discriminates against citizens based on religious zealotry. I have no doubt that Jefferson, who wrote both that there should be a “wall of separation between church and state” and that “all men are created equal,” would be appalled.
Will schools be required to change their policies? University officials have thus far been tight-lipped when addressing the situation. You can bet, however, that students will not obey quietly. Virginia students, many of whom believe that Cuccinelli intentionally issued his statement as they were leaving campuses for spring break, have already issued letters, created Facebook groups, and are organizing rallies.
“It’s going to be a mess. There’s no doubt about that,” Carl Pucci, Old Dominion University’s student body president, told the Washington Post. “Our generation is really open-minded. The concept of discrimination, we’re just not interested in that … I think you’re going to see the whole gamut, from angry letters to protests.”
