Equality in Virginia

Dear Governor McDonnell,

We, the undersigned, are disturbed by your rescinding of Governor Kaines Executive Order No. 1, which makes discrimination on the basis of sexual orientation legal; and what you do not realize about your modification is that it is completely adverse to the principles of the Virginia Constitution and the United States Constitution.

In 1776, Virginia was the first state to ratify a constitution of its own. Our Virginian founding fathers were careful in creating this monumental document, and although they did not agree on every matter, they agreed unanimously that all men are by nature equally free and independent, and have certain inherent rights. This principle was so important to them that they made it the first provision, and though the spirit of their words may have been from a different era where discrimination based on race, gender, and sexual orientation was acceptable, the letters of their words transcend their prejudices and today mean exactly what they state all persons are equally free and have the same inherent rights; therefore, if heterosexual citizens are free from discrimination by inherent right, then citizens of other sexual orientations are also free from discrimination by inherent right. To extend Virginias legal protection to heterosexuals while denying it to others signifies that you do not believe all men are equally free with inherent rights in Virginia, but rather, you reject the constitution which you swore to uphold upon taking office. Furthermore, you have violated the United States Constitution, as it specifically states that neither Congress nor any of the several states can infringe upon our privileges and immunities. Whether one believes homosexuality to be an acceptable lifestyle or a grave sin proves irrelevant to the formation of our laws, as our Constitution does not take into account a citizens disposition. Thereupon, promoting the discrimination based on sexual orientation violates the fundamental and constitutional principle of providing all citizens with the equal protection of the laws (Amendment XIV), as Virginia now protects heterosexuals exclusively.

You criticized your two Democratic predecessors, arguing that they overstepped their executive authority. Your rationale in a WETA interview was that you were against Executive Order No. 1 because the executive order was a violation of separation of power; the General Assembly had clearly intended to occupy that entire field of employment discrimination and so its up to them. Your logic fails, however, in two specific facets. First, our Governor may issue executive orders about discrimination, as no law or provision of our constitution prohibits this; second, your modification is inconsistent with your own rationale, for if a governor in Virginia does not have the power to prohibit discrimination through executive orders, your logic would only dictate that you would have completely rescinded the entire act, as any executive order prohibiting discrimination oversteps executive authority. In the same interview, you also stated you believe when you raise your hand to say youre going to uphold the Constitution of the United States and the Constitution of Virginia when youre sworn that that means something regardless of what your underlying feelings may be. Since your modification was not consistent with your rationale, you contradicted your own beliefs by wrongfully interjecting prejudice into the Executive Office of Virginia; therefore, the only constitutional violation was Executive Order No. 6.

Regardless of your personal opinion on homosexuality, your position as Governor of the Commonwealth of Virginia mandates that you place the Virginia Constitution, the United States Constitution, and the people of Virginia above your own political beliefs without any concern for their sexual orientation. Although de jure, you had the power to modify Executive Order No.1, de facto, you violated the fundamental principles of our government, for the Virginia Constitution is the sacrosanct manifesto of the people of Virginia, and the United States Constitution embodies what it means to be American. For these reasons, we, the undersigned, hereby ask you to rescind Executive Order No. 6 and add the words sexual orientation back into the Equal Opportunity order.