Cuccinelli: Sexual Orientation Not Protected Under the 14th Amendment

GayRVA Staff
June 30, 2010

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Read More: Ken Cuccinnelli, Non-Discrimination

During his Friday visit to Boys State, a civic education program for high school students, Ken Cuccinelli responded to a question regarding his letter to state colleges and universities.

From News & Advance:

Another student took aim at the attorney general’s advice concerning homosexual people.

“I’m sure you are aware of a letter that was sent to state universities regarding discrimination policies based on sexual orientation,” a student said to Cuccinelli. “How is that not a violation of the equal protection clause of the 14th Amendment?” the student asked.

“I know about it,” Cuccinelli replied. “I signed the letter. It was legal advice we gave to universities that was consistent with what five attorneys general before me had given.

“State universities are not free to create any specially protected classes other than those dictated by the General Assembly,” Cuccinelli said.

“Your question is, why is that not a violation of the 14th Amendment’s equal protection clause. Frankly, the category of sexual orientation would never have been contemplated by the people who wrote and voted for and passed the 14th Amendment,” he said.

The letter sent in March recommended that sexual orientation be removed from university non-discrimination policies.

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