Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, May 20, 1990 TAG: 9005200231
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: DANIEL HOWES HIGHER EDUCATION WRITER
DATELINE: LEXINGTON LENGTH: Medium
Gov. Douglas Wilder said here Saturday that while he abhors discrimination, he will leave a federal challenge of the school's all-male status to the courts.
"Let me start by saying - and this should not surprise anyone - that I abhor the kind of discrimination that robs us of the God-given blessings of liberty, freedom and opportunity that our form of government promises every person in the fullest measure.
"And I am committed to the eradication of such discrimination."
But in a session with reporters after the commencement, Wilder would not say whether VMI's male-only admissions policy constitutes discrimination, again disappointing those who want him to take a stand on the issue.
Instead, the governor pointed to a letter from former Gov. Gerald Baliles to VMI's Board of Visitors in which Baliles said that excluding women was wrong and threatened to - but ultimately did not - appoint new board members to remedy the situation.
Wilder has written no such letter since becoming governor and has had his attorneys ask U.S. District Judge Jackson Kiser to dismiss him from the sex-discrimination lawsuit pending against VMI.
"The governor is not involved at all," Wilder said. "I'll take no other action whatsoever. Governors don't tell judges what to do . . . and I'm not going to do it."
Wilder parried repeated questions about his personal views on the VMI controversy by referring to his commencement speech, saying, "If you read what I said today, you know how I feel."
He told the 233 departing cadets that he has "confidence in our judicial system, where this matter will be litigated. As imperfect as that system may occasionally be, I would not be your governor without it.
"Furthermore, I respect the law. And finally, I believe that VMI should be run by VMI," he said, interrupted by applause from the 3,500 people assembled in Cameron Hall.
"Apart from the amnesty I granted earlier [to cadets with demerits] and the appointments I make to your board, I seek no dominating role in your operations," Wilder continued.
"And on the matter of appointments, I will say once again what I have said many times before: In my administration, there will be no litmus test required of those who seek to serve.
"I recently appointed four members to your Board of Visitors. I asked none of them about their personal position on the issue of coeducation," he said. "And I will not ask that question of any future appointments."
Saying "VMI has been too good for too long for me to intervene now," the governor stated that he is prepared for the federal government to prove its case, for the state to defend VMI's 150-year-old admissions policy and for the courts to rule.
"My charge to you is to stand prepared to accept that decision - whatever it may be - to uphold the law that you have come to cherish and to know through command and to remain loyal to and supportive of VMI whatever its structure," Wilder said.
In March, the Justice Department filed a lawsuit in U.S. District Court in Roanoke, arguing that VMI's admissions policy violates the Civil Rights Act of 1964 and the 14th Amendment. State Attorney General Mary Sue Terry disagreed, saying the school should remain single-sex to preserve the diversity of Virginia's higher education system.
In his brief session with reporters, the governor also dismissed criticism from some state lawmakers - including Senate Majority Leader Hunter Andrews, D-Hampton - that his recent order directing state agencies and institutions to divest their holdings in companies doing business in South Africa may be illegal.
"I've issued the executive order and until such time as it's determined by a court of competent jurisdiction [to be ] otherwise, the order stands," Wilder said as he made his way to a waiting car.
For the graduating first classmen, or seniors, Saturday marked the end of mandatory class attendance, Friday afternoon dress parades and wearing some manner of uniform everywhere, every day on the Lexington campus.
For Jeffrey Theodore Millican, being the final cadet to receive his diploma seemed a special honor. After a crisp salute to Maj. Gen. John Knapp, VMI's superintendent, the young man from Ohio thrust up his arms in triumph, an act his comrades acknowledged with whooping.
Then Frederick Lehman, next year's regimental commander issued the orders: Underclassmen had to return Aug. 14 and "the class of 1990 is hereby relieved from duty."
With that, white gloves shot skyward and it was over.
by CNB