Equality Virginia has contacted the candidates running for statewide office and asked them about workplace discrimination against GLBT persons and access to employment benefits, including health care.  Each was asked the following four questions.  We have posted their responses exactly as we received them.

• Do you support an executive order affirming the right of GLBT employees of state government to be protected against workplace discrimination?

• Will you advocate for legislation. like HB 2385 (Ebbin) introduced in the 2009 General Assembly Session, which would codify protections against discrimination based on sexual orientation , including gender identity, as well as race, sex, national origin, age, disability, religion, pregnancy and veteran status?

• Will you seek and advocate for changes in the state health insurance plan, consistent with Mr. McDonnell's opinion to the President of the University of Virginia regarding access to gym benefits, that would offer health care insurance benefits to otherwise qualified adults living in the household of GLBT employees?
  In addition, we would like to know if you support eliminating the remaining legal barriers in the Code of Virginia that prevent private companies from offering workplace benefits to the domestic partners of GLBT employees.

• Will you support and advocate for legislation to eliminate current legal restrictions on the ability of private insurance companies to offer private employers group life insurance that includes domestic partners (i.e., legislation identical to  SB 945 (Howell) and HB 1726 (Rust) that was included on Virginia Free's 2009 listing of pro-business legislation)?

Deeds:

As Governor, will you sign an executive order affirming the right of GLBT employees of state government to be protected against workplace discrimination?

“If elected, I would make sure that no one working in state government could face discrimination for any reason, including sexual orientation. I will codify into law the executive orders issued by Governors Warner and Kaine banning discrimination based on sexual orientation. We should pass these executive orders into law and make them permanent.”

As Governor, will you introduce and advocate for legislation, like HB 2385 (Ebbin) introduced in the 2009 General Assembly Session, which would codify protections against discrimination based on sexual orientation, including gender identity, as well as race, sex, national origin, age, disability, religion, pregnancy and veteran status?

“I will codify into law the executive orders issued by Governors Warner and Kaine banning discrimination in the state workforce based on sexual orientation.”

As Governor, will you seek and advocate for changes in the state health insurance plan, consistent with Mr. McDonnell’s opinion to the President of the University of Virginia regarding access to gym benefits, that would offer health care insurance benefits to otherwise qualified adults living in the household of GLBT employees?

In addition, we would like to know if you support eliminating the remaining legal barriers in the Code of Virginia that prevent private companies from offering workplace benefits to the domestic partners of GLBT employees.

“I support offering health insurance benefits to an otherwise qualified adult living in the household of a GLBT state employee. Additionally, I support lifting restrictions on private companies that want to offer benefits to the domestic partners of GLBT employees, provided this can be done within the parameters established in the Constitution of Virginia.”

As Governor, will you support and advocate for legislation to eliminate current legal restrictions on the ability of private insurance companies to offer private employers group life insurance that includes domestic partners (i.e., legislation identical to SB 945 (Howell) and HB 1726 (Rust) that was included on Virginia Free’s 2009 listing of pro-business legislation)?

“As a legislator, I voted to allow private insurers and private employers to make decisions about who to include in group life insurance policies. As governor, I will sign this bill into law.”

McDonnell:

Dear Mr. Blair,

Thank you for your letter and the opportunity to respond. I appreciate Equality Virginia’s

participation in the political process and desire to inform your members of candidates’

positions on important issues facing Virginia. My campaign is focused on creating more

jobs and opportunities for all our citizens, and providing better schools, roads and

services so all individuals can pursue the American dream.

It is my firm belief that government should not discriminate based on race, sex, creed,

religion, national origin, or sexual orientation. In 2006 Governor Kaine issued an

Executive Order changing the Commonwealth’s nondiscrimination policy to include

sexual orientation as a protected class. A Governor's executive order cannot conflict

with a legislative policy when the legislature has stated its policy and intent to reserve a

policy area for itself. It has done so in the area of employment discrimination policy. My

legal opinion on this subject was decided on constitutional grounds. I believe it was a

violation of the separation of powers for the Governor to issue such an order.

The issue is not the merits of the Governor's policy, but whether the authority to make

such policy resides in the executive or legislative branch. My opinion tracked similar

opinions by Attorney General Mary Sue Terry regarding the same issue of responsibility

for the creation of public policy in the Commonwealth. (85-86 Va.AG 19, 85-86 Va.AG

16).

Your letter also referenced an opinion I authored in 2007. The opinion concluded that

the University of Virginia is authorized to provide a recreational gym membership to an

adult who is not a spouse and who lived in the household of an employee or student.

This is an accurate statement of the current law. It is up to the General Assembly to

determine what further benefits are appropriate.

Virginia citizens should not be the victims of discrimination. We should be judged on our

abilities, efforts, and results. As Attorney General my hiring policy was clear. I hired and

promoted the best and brightest people to serve, and race, gender, creed, religion,

national origin and sexual orientation were never considered. I set this policy in action

as Attorney General, and wrote about it in a March 2006 Richmond Times Dispatch

column. I will govern by the same policy. I support equal opportunities for all Virginians

and have put forward detailed proposals that will expand opportunity for everyone. My

comprehensive proposals for jobs, economic opportunity, schools, and roads will create

benefits for all Virginians.

Thank you for this opportunity.

Sincerely,

Bob McDonnell