Meanwhile . . . in the Commonwealth of Virginia . . .
For a stark contrast of two differing approaches to governing, try this just for starters:
1. Virginia balances its recession-era budget without raising taxes – Governor Martin O’Malley orchestrates historic tax increases and still leaves Maryland with higher out-year deficits of over $8 billion.
2. Virginia has a pro-business Governor and legislature resulting in the 15th best business-friendly climate in the nation – O’Malley’s anti-business leadership has caused Maryland’s business climate ranking to plummet from 24th best to 45th worst.
3. Virginia puts the federal government on notice that it will resist placing the 9/11 terrorist trials in their state – O’Malley refuses to respond to a request that Maryland take an identical stand in opposition to these trials in our state. (To see our prior post – click here)
4. The Attorney Generals of Virginia and Maryland issue differing opinions on the authority of the General Assembly to establish state public policy and whether the actions of state agencies are legal in the absence of such legislative action.
The latest distinction between the two states occurred this past week when the respective Attorney Generals ruled separately on the matter of who establishes state policy on same-sex marriages and sexual orientation personnel policies.
Maryland’s Attorney General, Douglas F. Gansler, ordered state agencies to recognize same-sex marriages performed in other states based upon his hypothetical of how a Maryland court might rule if faced with that question of law. (To see our prior post “AG Gansler Lets Personal Opinion Override Maryland Precedent” click here)
Kenneth T. Cuccinelli II, Attorney General of Virginia, issued a letter of opinion and advice this week stating that only the General Assembly has the authority to alter the public policy with regard to protected classes of persons. Cuccinelli’s opinion relates specifically to college and university policies that include sexual orientation and gender expression as a protected class in their anti-discrimination statutes.
According to a story in the Washington Post, Virginia Governor Robert F. McDonnell issued a statement that “The legal analysis contained in the letter concerning the General Assembly's sole responsibility for setting state employment policy is consistent with all prior opinions from the Office of the Attorney General over the last 25 years on the subject.” Gansler’s opinion contradicted a prior letter of advice on the same topic written just five years ago.
To read the full Washington Post article: click here.
To read Attorney General Cuccinelli’s letter obtained by the Washington Post: click here.