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Should Anti-Discrimination Laws Be Enacted to Protect Gays From Discrimination?

by Barbara McCuen
Wednesday, April 26, 2000

Around the country gay and anti-gay activists are embroiled in a back and forth over ordinances and laws barring discrimination against individuals on the basis of their sexual orientation. In some cities and states, gay groups like the Human Rights Campaign are working to get anti-discrimination laws on the books. At the same time, social conservatives are fighting those laws, and sometimes proposing ordinances of their own which would prevent sexual orientation from being included in anti-discrimination laws.

Gays and lesbians are not specifically protected from discrimination by federal law, but rather by a patchwork of state and local initiatives. Currently, 11 states have laws banning discrimination based on sexual orientation and seven have executive orders barring discrimination in public employment based on sexual orientation. Over the last 30 years, since the Civil Rights Act and social revolution of the 1960s, a number of employers have added sexual orientation to their non-discrimination policies. On One Hand...

Gay men and women are routinely discriminated against in this country based on their sexual orientation and need laws to protect them. By seeking specific language to cover sexual orientation, homosexuals are not seeking a special category of protection under the law, but rather the clear extension of basic civil rights afforded to all under the Constitution.

It is legal for any private employer to fire or not hire people because they are gay or believed to be gay in 39 states. But under the Constitution, everyone has a right to hold a job and be a contributing member of society, regardless of sexual orientation. Anti-discrimination laws merely force courts to extend equal opportunities, not special rights, to all.

On the Other Hand...

Homosexuality is not a civil rights issue. Being gay is not the same as being black or white or Asian—your race is immutable, your sexual orientation is not. Once homosexuals are granted special privileges under anti-discrimination laws, the door will open for more sweeping gay-rights measures.

Regardless of the debate over the morality of homosexuality, sexual orientation is a private matter and the government does not belong in individuals' bedrooms. Enforcing the existing civil rights law is the answer—not passing special laws for special categories of people.

  • Anti-discrimination laws seek to protect homosexuals against discrimination in housing, employment, credit and other areas.

  • California, Connecticut, Hawaii, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, Rhode Island, Vermont and Wisconsin prohibit discrimination based on sexual orientation.

  • Colorado, Maryland, New Mexico, New York, Ohio, Pennsylvania and Washington bar discrimination in public employment based on sexual orientation.

Human Rights Campaign, Gay & Lesbian Alliance Against Defamation, Christian Coalition, Claremont Institute

 Surveys
 
 Agree
Anti-discrimination laws that specifically prohibit discrimination based on sexual orientation are needed to protect gays; most current law is a patchwork, and is too nonspecific to protect gays.
 Disagree
Homosexuals are not entitled to special protections; there are already laws on the books prohibiting discrimination and harassment, and these should simply be better enforced.
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