In 2004, Cuccinelli stated "homosexuality is wrong." During his 2009 campaign for attorney general, he stated "My view is that homosexual acts, not homosexuality, but homosexual acts are wrong. They’re intrinsically wrong. And I think in a natural law based country it’s appropriate to have policies that reflect that. ... They don’t comport with natural law. I happen to think that it represents (to put it politely; I need my thesaurus to be polite) behavior that is not healthy to an individual and in aggregate is not healthy to society."
On March 4, 2010, at the request of several state universities, Cuccinelli issued an official opinion to "Presidents, Rectors, and Visitors of Virginia’s Public Colleges and Universities" that stated, "It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college or university from including ‘sexual orientation,’ ‘gender identity,’ ‘gender expression,’ or like classification, as a protected class within its nondiscrimination policy, absent specific authorization from the General Assembly.” The letter expands on the issue of General Assembly authorization, stating:
Virginia's public universities are, at all times, subject to the control of the General Assembly.... The General Assembly has on numerous occasions considered and rejected creating a protected class defined by 'sexual orientation,' 'gender identity' or 'gender expression.' Lacking this clear authority, no state agency can reach beyond the boundaries established by the General Assembly.
Virginia Democratic State Senator John Edwards said that Cuccinelli was "turning back the clock on civil rights in Virginia." The American Association of University Professors and the University of Virginia also criticized the opinion. Cuccinelli defended the legal opinion: "Our role isn't in the political arena on this subject. Our role is to give legal advice, to state what the law is."