I saw this at the Bilerico Project:
So a man working for the Virginia Museum of Natural History gets fired for being gay.
He decides to sue.
Instead of saying the man wasn't fired for being gay, his employer says there are no employment protections in that state based on sexual orientation.
The Virginia legislature has not passed any kind of protections for the LGBT community, although Governor Kaine wrote an executive order protecting state employees, which would include people who work at the state museums.
The Virginia state attorney, however, has filed a non-binding opinion that the governor doesn't have the authority to protect LGBT folks by executive order:
Sexual orientation is not a protected classification under either state or federal law. Attempts to make sexual orientation a protected category under the Virginia Human Rights Act have been continually and consistently rejected by the Virginia General Assembly. The only source of protection for this classification is provided by the Governor's Executive Order #1, which by itself, does not provide a cause of action.
So, you can get fired for being gay in Virginia.
No big deal, you say, because gays are murderers and pedophiles and worse than terrorists and the biggest threat to the survival of mankind in the history of the world!!!
But if, in Virgina, and other places, you can fire a man, or woman, for being gay, which is to say, just for being themselves, where will it end?
Will firing someone simply because of gender be next?
Because of their ethnicity?
It has to start somewhere.