Cuccinelli Follows the Law, While McDonnell Follows the Polls

Last week it was revealed that Attorney General Ken Cuccinelli sent a directive to the state universtities informing them they were stepping outside the bounds of the law to have non-discrimination policies that include sexual orientation. This created an immediate firestorm from both sides of the aisle. All the usual suspects yelled bigot, and turning back the clock, and sadly even Republicans came out against the Attorney General's call to obey the rule of law. A prominent College Republican leader (Cole Usry of Christopher Newport University) organized early protests against the Attorney General, and prominent Republican blogs have come out against the Attorney General. One blog even suggested he could kiss future political aspirations good buy as a result of this. Honestly the reaction to the Attorney General's decision has been heavily based on emotion. To my knowledge no one has made the case that Ken Cuccinelli is incorrect in his interpretation of the law. All this blowback resulted because Ken Cuccinelli made good on his campaign promise to "enforce the rule of law."

In response to this firestorm Governor Bob McDonnell is trying to placate the left by issuing "Executive Directive #1." First of all an executive directive is different from an executive order. This is a legally nonbinding statement reminding state agencies that “employment discrimination for any reason other than merit and ability has no place in state government”. The reaction to the Executive Directive has been generally positive, especially from the left. However the VA Family Foundation sent out an e-mail expressing their concern with the directive and noted as troubling the positive statements the ACLU made about it.

Probably the most stinging rebuke to the Governor came from a long time supporter, and social conservative leader, Dr. Mike Farris. Dr. Farris gave the Washington Post a very blunt statement on the issue.

"I think this action is incredibly disappointing, to the point of being shocking," said Michael P. Farris, the chancellor of Patrick Henry College, a private Christian college in Loudoun County. "The deeper message it sends is that people who think homosexuality is a sin are wrong. They are irrational."

Farris, a lawyer and constitutional scholar who ran for lieutenant governor in 1993, said he thinks McDonnell's policy statement will be used in courts to help challenge Virginia's constitutional amendment banning gay marriage, which McDonnell supported. "I don't think the people advising him were doing anything other than reading polls," Farris said.

I am proud of Ken Cuccinelli for standing up for the law no matter how politically incorrect it may be. I also have to side with Dr. Farris in expressing my disappointment in Governor McDonnell. If you can't stand up for traditional values when the law is on your side and the General Assembly is with you, when can you?

Let's hope the governor will follow through on his promise to defund Planned Parenthood. That is something he can do single handedly, and if he doesn't do that this year, can social conservatives ever hope he will fight for us?

UPDATE:: As always Tim Boyer, a good friend of this blog, is willing to call it like it is, and has some similar thoughts on this topic along with some thoughts on the possible political reasons for McDonnell's actions.

Isabella Miller Custody Case

Dear Friends and Family,

Our children and I went to a court case on Wednesday here in Bedford county, Virginia. Please read on as this case will impact every American by the time it's over. (I'll be as brief as possible.) While the case appears to be about a woman and her child, it's outcome may set a precedence that will allow for every American family to be destroyed by allowing the courts to separate biological "fit" parents from their children merely by request from a stranger who claims to be more"fit" than the current parents. In other words, if someone sees your child or grandchild and feels that he/she would be a better parent for any reason they could petition the court for custody of your own flesh and blood!

You may have heard of this case for Lisa Miller, a former Lesbian who was joined in "civil union" to another woman in Vermont several years ago. While in the relationship, she was artificially inseminated and had a baby girl named Isabella. When the "civil union" ended, all the papers were signed in Vermont to end the relationship and Janet Jenkins (who still lives in Vermont) declined any custody of Isabella. Since the breakup of Janet and Lisa, Janet has since joined under civil union with another woman in Vermont.

Lisa Miller moved back to Bedford, VA with Isabella. Lisa became a Christian and that's when it got interesting. All of a sudden, Janet Jenkins wanted visits with Isabella. The child she was never interested in before had become of great significance now, and the power struggle for custody in the courts began.

This has become a highly charged case for the Gay/Lesbian community as they seek to prove that they are "legitimate" parents. However, the underlying result of the case is the potential to allow strangers to "steal" children, with the help of the courts, from their biological families without any real cause. This case isn't about a Lesbian's right to be a parent, it's about your right to your biological children.

The courts have always favored biological parents over anyone else, even when parents are found to be "unfit" be it from drug addictions, abuse, neglect and so forth (as it should be). The courts are hesitant to give up any biological child unless the biological parents are unwilling to be rehabilitated. Often the courts guard and protect the biological relationships for years. Only as a last resort is the biological child appointed for adoption.

Never before has a case been argued that a court should take a biological child away from a court declared "fit" parent and given to a "stranger" based on the assertion that the stranger be a "more fit" parent than the biological one. This is HUGE!!!!

Should Janet Jenkins and the ACLU win this case, all of our children will be up for grabs from anyone who wants them!

I discussed this with the Dean of Liberty University's School of Law, Mathew Staver, who represented Lisa Miller on Wednesday. He confirmed my assumption of the magnanimity of this case and it's possible effect on all Americans.

1. Please get the word out and educate as many people as you can about this case.

2. Please write to the Governor and Attorney General of Virgina encouraging them to get involved. Virginia has two laws and a Marriage Amendment that are being violated. We can fight Vermont but the leaders need encouragement to stand for our state's sovereignty and all of America's families. We need you to help us encourage them to fight for our "biological" children!

To send an e-mail, contact them through their websites:

Gov. McDonnell

AG. Cuccinelli

Ken also has an e-mail at his Cuccinelli Compass -

KC4AG@cuccinelli.com

Note that the official response from Cuccinelli's office has been that they have very little jurisdiction in this case, as they are to represent the State and its officials, not individual citizens. However, this case clearly is impeding on the very Constitution of Virginia (by allowing VT courts to violate our laws) and thus the state is in jeopardy here, as well as EVERY citizen of VA and ultimately the USA.

3. If you'd like to help out with the cost of the legal expenses of this case against the ACLU please contact, http://www.LibertyCounsel.org

This isn't a case any of us can ignore! Our families are on the line and you can make a difference before it's too late. Please help!

Thanks,

Cheryl Atkinson