McDonnell's Exec Order Does Not Protect Virginia's LGBT Statehouse Workers

During his '09 campaign for governor, Bob McDonnell said he would not sign an executive order protecting gay and lesbian employees from workplace discrimination as his predecessors Warner and Kaine had done. McDonnell said that anti-discrimination policies were the purview of the legislature and that he didn't believe that such protections were needed. He added that no one would face discrimination in the workplace on his watch.

The problem is that signing the workplace non-discrimination order is a tradition going back 36 years in the commonwealth and has been the first or second executive order signed by each new governor. McDonnell would have been really hard pressed to justify not doing the same. So, on February 5, 2010, Gov. McDonnell did sign Executive Order 6  which prohibits workplace discrimination on the basis of race, sex, color, national origin, religion, age, political affiliation, or against otherwise qualified persons with disabilities, but not sexual orientation or gender identity or expression.

But as recent history shows, the executive order carries no legal weight. The scope of Executive Order 1 (2006) was tested last year in the case of Moore vs. Virginia Museum of Natural History. Micheal Moore had worked at the museum in Martinsville for several years until being forced to resign in November 14, 2006. Moore had received glowing performance reviews throughout his tenure, but left after enduring months of anti-gay harassment.

Moore filed suite against the museum, represented by attorney/blogger/activist Michael Hamar (Michael in Norfolk). Hamar posted the court's ruling in the case last July:

The Circuit Court for the City of Martinsville has ruled in Michael Ware Moore v. Virginia Museum of Natural History that Executive Order 1 (2006) signed by Virginia Governor (and DNC Chair) Tim Kaine provides no cause of action to gay Virginians fired for discrimination based on sexual orientation nor does it waive the Commonwealth of Virginia’s defense of sovereign immunity against fired gay employees seeking redress.

When asked by the Washington Blade to comment on the ruling, Gov. Kaine's office had this to say:

Gordon Hickey, a Kaine spokesperson, said the governor “feels very strongly” about non-discrimination in the state workforce, but that the executive order would be enforced within the executive branch of government as opposed to the court system.“The executive order remains in place, and it will be enforced as an internal policy,” he said. “If anybody is found to have been fired or discriminated against based on sexual orientation, they can be dealt with through personnel procedures of the state.”

In other words, the previous Executive Orders were only personnel policies that only applied to Statehouse employees, not state employees in general, and had no legal standing. 

The bottom line is that LGBT Virginians have never had any real protection from workplace discrimination and never will until we demand it. While McDonnell's position on LGBT rights has always been blatantly bigoted, at least he has been honest about it. We knew what we were getting with him and as LGBT Virginians we chose to stay home on election day and let the homophobes have their way. We have only ourselves to blame.  

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• New GOP VA Governor Rescinds Equal Protecton Order For Gays (alan.com)
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Obama Serves Up Piecemeal Equality and Expects Gratitude and Amnesia

In an effort to pacify LGBT critics and not piss off the anti-gays, Pres. Obama will sign an executive order granting some additional workplace benefits to gay and lesbian federal workers.

Details have not been made public yet, but the speculation on the hill is that the bennies will include some health care, pension and travel expense coverage for same-sex partners of federal workers, much like those announced a few weeks ago by at the State Dept.

Yo, Dude! As long as you've got the pen out, how about signing an executive order lifting "Don't Ask, Don't Tell" and DOMA? We're not so easily distracted by token gestures. You made promises to us and we're not going to let up until you deliver. You must think we're so desperate that we'll scoop up the crumbs you offer, hoist you up on our shoulders and make you the Grand Marshall of the Pride parade. Think again.

Mr. President, you're like the busy corporate exec who tosses his half eaten sandwich to the homeless guy on the corner while closing his latest multi-million dollar deal on his blackberry, then pats himself on the back for his selfless act of charity. We're grateful, but not impressed.

The problem with trying to be all things to all people is that you eventually lose yourself in the process. While the American public may suffer from attention deficit disorder, LGBT Americans do not. We've been at this for too long and our memories are as sharp as ever. We're fed up with being let down by politicians who are all show and no go.

When President Harry Truman signed executive order 9981 on July 26, 1948, ending racial segregation in the armed forces, nobody, except African-Americans, was ready for it. He knew he was going to piss off a lot of people, but he had the backbone to do the right thing. The transition was not easy. Bigotry in the U.S. did not disappear with the stroke of a pen, but we are a stronger nation because one man had the courage of his convictions to take action to end an injustice.

Yes, repealing DOMA and DADT is going to piss off the Religious Right, but they don't support you any way. Grow a spine and let the chips fall where they may.

It's time to put up or shut up, President Pricktease. We'll see you in October.