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. 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. There are judges who think these things ‘evolve,’ is the word they like to use [but the correct approach to making such a change would be a constitutional amendment].
—Virginia Attorney General Ken Cuccinelli, responding to a student’s question about the letter he sent to state universities saying they cannot include protections for The Gays, a group he’s already stated he doesn’t want having sex [via]