Virginia Attorney General Ken Cuccinelli II has urged the state's public colleges and universities to rescind policies that ban discrimination on the basis of sexual orientation, arguing in a letter sent to each school that their boards of visitors had no legal authority to adopt such statements.

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Former attorney general Jerry Kilgore (R) agreed it would be difficult for Cuccinelli to enforce his opinion without pursuing court action. But he said college visitors swear an oath to abide by state statute.

"Board members are required to follow the law," Kilgore said. "And he's telling them what the law is."