Update: Someone With A Brain Writes An Apology for Virginia Governor Regarding Slavery

Virginia Governor Robert McDonnell has issued an apology for his failure to include a reference to slavery in his proclamation designating April as Confederate History Month. Earlier today, McDonnell tried to justify the omission by claiming that slavery was not a pertinent aspect of Virginia's secession from the United States.

Suddenly, McDonnell has changed his mind. In a strongly worded statement that screams "ghostwritten," McDonnell has apologized for the omission.  He has also produced an addendum to the proclamation that recognizes the "inhumane" institution of slavery and its role in the Confederate rebellion.

Here is a snip from McDonnell's apology (viewable in full on the Washington Post website):

The proclamation issued by this Office designating April as Confederate History Month contained a major omission. The failure to include any reference to slavery was a mistake, and for that I apologize to any fellow Virginian who has been offended or disappointed. The abomination of slavery divided our nation, deprived people of their God-given inalienable rights, and led to the Civil War. Slavery was an evil, vicious and inhumane practice which degraded human beings to property, and it has left a stain on the soul of this state and nation. In 2007, the Virginia General Assembly approved a formal statement of "profound regret" for the Commonwealth's history of slavery, which was the right thing to do. . . .

Here is the text of the addendum to the proclamation:

WHEREAS, it is important for all Virginians to understand that the institution of slavery led to this war and was an evil and inhumane practice that deprived people of their God-given inalienable rights and all Virginians are thankful for its permanent eradication from our borders, and the study of this time period should reflect upon and learn from this painful part of our history. .

Was honesty really that difficult, Governor McDonnell?

Cowardly Virginia Governor Says Slavery Not a "Significant" Part of State's Confederate History

Virginia Governor Robert McDonnell set off a firestorm when he decided to proclaim April as Confederate History Month. Now, McDonnell has caused more tension because his proclamation fails to reference (and certainly does not criticize) slavery. 

When pressed, McDonnell explained that he chose only to focus on issues that were the most pertinent to Virginia:

[T]here were any number of aspects to that conflict between the states. Obviously, it involved slavery. It involved other issues. But I focused on the ones I thought were most significant for Virginia.

Republican Governor George Allen first recognized Confederate History Month in 1997.  His successor, Republican James Gilmore, did so as well, but his proclamation condemned slavery.  The next two governors -- Democrats Mark Warner and Tim Kaine -- declined to celebrate Confederate History Month, believing that doing so strained race relations.

My Take
McDonnell certainly has the right to recognize the Confederacy, but his pathetic attempt to downplay the role of slavery in Virginia warrants massive condemnation. As a colony, Virginia was the earliest site of African slavery. Also, Virginia was one of the leading destinations for slaves from Africa.  Furthermore, Virginia had the largest slave population when the Civil War began -- even though smaller states like Mississippi and South Carolina had larger percentages of slaves relative to the general population. 

Tellingly, when Virginia decided to join the Confederacy, western counties in the state decided to secede from Virginia -- creating the state of West Virginia. Contrary to conditions in eastern Virginia, slavery was virtually nonexistent in western Virginia, which made the state's decision to join the Confederacy unpopular in the western counties.

If McDonnell is as courageous as his supporters claim he is, then he should own up to all aspects of his celebration of the Confederacy. Running from the ugly parts of history does not negate history or its lingering effects.

McDonnell's deceitful cowardice reminds me of the Mississippi parents, students and school officials who held a secret prom, while sending Constance McMillen, an openly lesbian student, to a fake event. It is clear that McMillen has more courage than the homophobes in the town. McDonnell should exhibit the same courage and embrace all of the aspects of Confederate History Month.  If he does not feel comfortable doing so, perhaps he should rethink the decision to celebrate this loathesome history in the first place.

UPDATE: Facing political heat, McDonnell has suddenly shifted his position. See: Update: Someone With A Brain Writes An Apology for Virginia Governor Regarding Slavery.

UPDATE: Ken Cuccinelli Says: I'm Not A Birther

Virginia Attorney General Ken Cuccinelli says that he is not a birther. Cuccinelli responded to several recent blog posts that link to audio of him saying that it is not "beyond the realm of possiblity" that President Obama was born in Kenya, rather than the United States.  Cuccinelli says that he was giving a "hypothetical" answer to a "hypothetical" legal question.  The part about Kenya, however, was not phrased as a hypothetical. In fact, it was phrased as being possible (not merely hypothetical).

Is the Anti-Gay Virginia Attorney General Also A "Birther"?

Virginia Attorney General Ken Cuccinelli created a stir recently by demanding that public colleges and universities in Virginia rescind GLBT-inclusive policies. Governor Bob McDonnell quieted the storm by releasing an executive directive prohibiting sexual orientation discrimination by state workers.

Now, Cuccinelli is at the center of another potential controversy. Several blogs, including Huffington Post, have posted audio of Cuccinelli speaking during a campaign event. One attendee asks Cuccinelli about President Obama's birth and how to challenge his claim of birthright citizenship. Cuccinelli maps out a legal strategy for a possible lawsuit.  He also says that it is not "beyond the realm of possiblity" that Obama was born in Kenya, rather than the United States.

I have not found any official confirmation that Cuccinelli's voice is actually on the tape.  Several sources, however, claim that it is his voice.   See update below.

Here is the recording:



PS: I would like to hear the remainder of the discussion.

See also: Virginia blogger outs state attorney general as a birther

Update: UPDATE: Ken Cuccinelli Says: I'm Not A Birther

Wife, Daughter of Harry Reid Seriously Injured in Automobile Accident

Senator Harry Reid's wife Landra Reid and daughter Lana Barringer were seriously injured in a suburban Virginia automobile accident Thursday night. Their car was rear-ended by a tractor trailer. According to the New York Times:

"Mrs. Reid has a broken nose, broken back and broken neck,'' Reid spokesman Jim Manley said in a statement. ''Lana has a neck injury and facial lacerations. Both Mrs. Reid and Lana are conscious, can feel their extremities, and according to doctors their injuries are non-life threatening."

Virginia State Police said Mrs. Reid and her daughter were traveling northbound on I-95 in stop-and-go traffic when their Honda Odyssey was rear-ended by a tractor-trailer loaded with rolls of plastic. The impact forced the Reid family's minivan to rear-end a Jeep Grand Cherokee, which in turn struck a Chevrolet Cobalt.

Virginia Governor Reverses Himself and Attorney General on Anti-Gay Discrimination

Virginia Governor Bob McDonnell has reversed himself and Attorney General Ken Cuccinelli on anti-gay discrimination. Last week, Cuccinelli sent a letter to public colleges and universities in Virginia demanding that they rescind policies the prohibit discrimination on the basis of sexual orientation. This letter led to public outcry.

Today, Governor McDonnell signed an executive directive that prohibits state workers from discriminating on the basis of sexual orientation in state agencies. The executive directive appears to reverse Cuccinelli's position.

Although McDonnell's two Democratic predecessors -- Mark Warner and Tim Kaine -- issued executive orders that prohibited sexual orientation discrimination by state workers, McDonnell, a Republican, initially balked at the idea and refused to do so. McDonnell, however, has changed course amidst a chorus of protests responding to Cuccinelli's letter. Apparently, political activism can still effectuate change.

UPDATE: Governor McDonnell signed an "executive directive," not an "executive order." Rachel Maddow has stated that an executive directive has no legal force (unlike an executive order). I have not found any Virginia authority to support this claim, although now many liberal bloggers have run with it as an accurate statement of Virginia law.

UPDATE II: The Washington Post reports that an executive directive has legal force, but it may not empower individuals to seek relief in courts. It is unclear, however, whether an executive order could authorize lawsuits for sexual orientation discrimination. Typically, legislation -- not executive action -- empowers people to sue. The Virginia legislature has declined to add sexual orientation to existing civil rights legislation. Therefore, an exectuvie order that included sexual orientation might not create a cause of action for a civil suit. Accordingly, the distinction between an executive order and executive directive is possibly just a matter of semantics -- not law.

Virginia Attorney General Wants State Colleges and University to Rescind GLBT-Inclusive Policies

Virginia Attorney General Ken Cucinelli, II appears determined to move the state backwards. Cucinelli has sent a letter to all of the public colleges and universities in Virginia urging them to rescind policies that prohibit discrimination on the basis of sexual orientation and gender identity.

Cucinelli argues that only the Virginia legislature can implement these policies, which it has not done. The issue, however, is probably one that a court would have two decide, if school officials reject Cucinelli's demand.

In 1996 decision Romer v. Evans, the Supreme Court invalidated a Colorado constitutional amendment that rescinded and banned the implementation of laws and policies that protected gays and lesbians from discrimination. Cucinelli's demand letter arguably violates the principle articulated in Romer. That decision, however, does not decide which state entity in Virginia has the authority to implement nondiscriminatory policies. So, there are some issues that require a deeper analysis.

Nonetheless, two things are definitely clear. First, revoking the policies would negatively impact the schools' national reputations and probably cause them to lose some of the brightest and most talented students and professors. Second, some accrediting bodies (e.g., the Association of American Law Schools) require that member schools implement nondiscrimination policies that include sexual orientation as a protected category. Thus, it is unclear whether the schools can repeal the policies and maintain good academic standing.

NIMBY Politics and Guantanamo Bay Detainees

According to the Washington Post, the Obama administration may transfer some Guantanamo Bay Detainees to federal prisons in New York and Virginia to stand trial for acts of terrorism. The plan would undoubtedly set off very passionate NIMBY ("not in my back yard") politics. In the past, however, the United States has prosecuted terrorism suspects in New York and Virginia, and some of those individuals are currently serving sentences at a high security prison in Colorado.

Federal officials from Homeland Security, the FBI, CIA, Department of Justice, and the Department of State will review files of the remaining 241 Guantanamo Bay detainees. The review process will determine "whether to prosecute inmates in federal court, transfer them home or to third countries, or possibly resettle some of them in the United States."

Human Rights Groups Will Probably Get a "Mixed Bag"
Human rights groups have insisted that individuals detained in the war against terrorism receive access to ordinary civilian courts. They have challenged the use of military courts and indefinite detention of suspects.

While members of the Obama administration have expressed a preference for using federal courts when possible, they have not eliminated the possibility of creating "a new system of detention for cases where there is not enough evidence to prosecute someone in the regular courts, but the suspect is deemed too dangerous to release." "A new system of detention" is a vague concept, but it does not sound like an idea that complies with the demands for justice that human rights groups have made with respect to Guantanamo Bay.

No Candy, No Coke, No Condoms: Virginia Anti-Abortion Drugstore Opens

A new Associated Press article reports the opening of an anti-abortion pharmacy in Chantilly, Virginia. The store, Divine Mercy Care, will not sell contraceptives -- or sodas and candy. Given the prominent displaying of candy in the local drugstores here in Washington, DC, Divine Mercy Care is potentially forsaking a cash cow.

Arlington Biship Paul S. Loverde presided over a ceremony "blessing" the store. Loverde said that the store would "allow families to shop in an environment where their faith is not compromised." I am not a religious expert, but it is not immediately clear to me how merely shopping in a store that sells contraceptives could impact a person's faith. By that logic, going to a hospital could compromise an individual's faith.

I cannot imagine any legal issues this store presents, although similar stores have committed infractions by refusing to fill prescriptions for birth control -- and refusing to transfer the prescription to another store (which seems unethical and illegal). Despite the legality of the store, local abortion rights advocates are organizing a boycott. Given the conservative politics of Chantilly, I am not sure how much business the store will actually lose from the boycott.