Warren grilled Cuccinelli about his notorious letter to Virginia's colleges and universities, known as "the campus letter". The A.G. told Warren, “They (colleges) went beyond their state law authority. Everyone has the potential for protection under the Equal Protection Clause of the federal Constitution, but that’s not a specially protected class.“
In other words, LGBT Virginians have "the potential" for full protection of federal law, but no "actual" protection under state law.
Warren followed up by asking, “So if they were fired if they were gay, could you defend that? Defend the university for the firing?“ Cuccinelli responded, “Arguments could made on either side of that. We could defend the university, it would be uncomfortable.“
Warren asked if being gay was a fireable offense to which the top lawyer in the commonwealth answered, "No."
Warren also asked Cuccinelli about his participation in the federal lawsuit challenging the recently passed Health Care Reform Bill. Critics have complained about the cost of fighting this battle with Virginia's economy still deep in the red. Cuccinelli insists that the expense will be minimal and no staff will be pulled from their regular assignments. He says the entire expense will be the $350 fee required to file the suit.
See the full interview below.
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