Bill Update:
6/25/2009

Activity on House Bill 176 is currently in a holding pattern. While originally a potential vote was projected for Thursday, 6/25, the House Leadership cancelled the voting Session for the day so that work could continue on the state's biennium budget. There is one more voting Session expected in the House prior to the summer recess; Tuesday, June 30. While a vote is still possible, it is likely that the session discussion will be taken up with addressing the budget instead. Representatives Stewart and McGregor continue to be optimistic that a vote could occur...so we must keep up the pressure with phone calls and emails to the House members. Even if you have already contacted them once, we are asking that you reach out again. Those opposed to this bill are out voicing us 2:1.

Bill Update:
6/17/2009
History is made in Ohio!

With a vote of 8 to 5, House Bill 176, the Equal Housing and Employment Act, passed out of State Government Committee in the Ohio House of Representatives on Wednesday, June 17, 2009. The committee vote marks the first time in Ohio's history that a vote has occurred on legislation protecting the lesbian, gay, bisexual and transgender (LGBT) community in Ohio in either chamber of the General Assembly. The only previous issue to come to a vote in the Assembly related to LGBT issues was the 2003 legislative so called Defense of Marriage Act.

Testimony in support of the bill during committee hearings came from a broad representation of Ohioans and included Cardinal Health, the Cleveland Clinic, Bishop Ough of the West Ohio Methodist Conference, the Ohio Civil Rights Commission and the Mayor of the city of Springfield. Most compelling though, were the true stories of discrimination shared with the committee.

Voting yes were Gerberry, Lundy, Belcher, Williams B., Stewart, Mallory, Sayre, and Hite with Stebelton, Grossman, Adams, Daniels and Hall casting no votes. The bill now moves to consideration by the entire House of Representatives. A vote is not yet scheduled.

Bill Update:
6/10/2009

Today, the House State Government Committee held opponent testimony on House Bill 176. A total of 8 people provided verbal opposition testimony - including representatives from Concerned Women for American, Citizens for Community Values, Institute for Principled Policy, and Mission America. You can read their testimony here. The general arguments included: a.) homosexuality is a choice so it shouldn't be protected; b.) homosexuality is a behavior so it shouldn't be protected; c.) homosexuals don't meet the 3 three Supreme Court criteria for civil rights protection so they shouldn't be protected (economically disadvantaged, immutable characteristic, politically powerless); d.) protections for homosexuals violate my religious freedoms so they shouldn't be protected.

As one observer pointed out - the tone in the room for this hearing was very different than its ever been before on an LGBT issue. Across party line, the committee members obviously have heard and digested the information they've received from Equality Ohio and the citizens lobbyists across the state for the past 4 years.

The final day of hearings and a vote are expected on Wednesday, June 17. This will be the first vote in Ohio's state legislative history on a pro-lgbt issue.

Bill Update:
6/03/2009

On June 3, 2009, the House State Government Committee held proponent (supportive) testimony on House Bill 176. This is the first time that proponent testimony has been held on the Equal Housing and Employment Act in any House committee. To a standing room only crowd, compelling testimony was provided urging the committee to vote "yes" on the bill. Those providing testimony included Lynne Bowman (Exec. Director, Equality Ohio), G. Michael Payton (Exec. Director, Ohio Civil Rights Commission), Jimmie Beall (personal story), Jim McCarthy (Exec. Director, Miami Valley Fair Housing Authority), Bishop Bruce R. Ough (Western Ohio Conference, United Methodist Church), Ron Templin (representing Cardinal Health), Warren R. Copeland (Mayor, Springfield, Ohio). Read their testimony here.

In general, the committee seemed very engaged and interested in the testimony and asked many questions about the bill. It is expected that opponent testimony will occur Wednesday, June 10 at 2:30pm in Room 017. You still have time before the committee vote to contact the committee members to express your support.

Bill Update:
5/27/2009

On Wednesday, May 27, 2009, Sponsor Testimony was held in State Government Committee on HB 176. This is the beginning of the bill's path to Governor Strickland's desk. The morning began with a well attended Press Conference in the Ladies' Parlor of the Statehouse. Check out the News Articles for ongoing coverage of the bill's progress. Read Representative Stewart and McGregor's testimony. Next, the bill will receive proponent testimony in the State Government Committee on Wednesday, June 3. Contact the members of the Committee to ensure their support for the bill

Bill History:

On Tuesday, May 12, 2009, House Bill 176, also known as the Equal Housing and Employment Act was introduced in the Ohio House of Representatives. When passed and enacted, the legislation will add sexual orientation and gender identity to the list of reasons for which a person may not be discriminated against in Ohio in employment, housing and public accommodations. Governor Ted Strickland has pledged his support to the bill and has promised to sign it into law when it reaches his desk. When enacted, this will be the first statewide law protecting or recognizing Ohioans based on sexual orientation and gender identity.

HB 176 was introduced with 27 sponsors including the bi-partisan introduction of lead sponsors D. Stewart (D, Columbus) and R. McGregor (R, Springfield). Other democratic cosponsors include Skindell, Celeste, Letson, Garland, Foley, Yuko, Heard, S. Williams, Harris, Harwood, Carney, Chandler, Boyd, Hagan, Ujvagi, Koziura, Winburn, Luckie, B. Williams, Mallory, Sykes, Yates, Brown, Driehaus and republican cosponsor T. Blair. This is 25% of the House of Representatives and 50% of the House Democratic Caucus. According to House rules, more representatives may add their names as cosponsors at two more points: when the bill passes out of committee and when it is on the floor of the House.

On Wednesday, May 13, HB 176 was assigned to the House State Government Committee. Members of the committee include Democrats Gerberry (Chair), Lundy (Vice Chair), Mallory, Sayre, D. Stewart, Sykes, and B. Williams and Republicans Daniels (Ranking Minority Member), J. Adams, Grossman, Hall, Hite and Stebelton. The committee meets on Wednesdays at 2:30pm.

Chairman Gerberry has promised full and complete hearings on the bill. True his word, sponsor testimony will be provided by Reps. Stewart and McGregor in committee on Wednesday, May 27th with proponent testimony expected to begin the following week.

With new leadership in the Ohio House of Representatives, it is expected the Equal Housing and Employment Act will progress further than ever before, including a full floor vote in the upcoming months. With hard work from concerned individuals from across the state, it is believed the bill may ultimately pass the House with more than the minimum 50 votes necessary. At that point, HB 176 as passed will be moved over to the Senate where it must get out of committee and then receive 17 "yes" votes to continue its journey to the Governor's waiting pen.

A history of the Equal Housing and Employment Act in brief:

• Similar legislation was introduced in both the House and Senate during the 125th (2003-2004), 126th (2005-2006), and 127th (2007-2008) General Assemblies.
• Sponsor testimony has been held in committee on each of the previous bills. In the 127th Assembly Senate Bill 305 also received proponent and opponent testimony in committee.
• Cosponsors in the first two Assemblies were all democrats. In the 127th Assembly, one Republican in each chamber joined their democratic colleagues as sponsors of the bills.
• In 2008, SB 305 was introduced with 12 sponsors including the lead sponsor Dale Miller (D), and democratic cosponsors Kearney, Fedor, Boccieri, Smith, Cafaro, R. Miller, Roberts, Sawyer, as well as republican cosponsor David Goodman.
• In 2008, HB 502 was introduced with 17 sponsors including the bi-partisan introduction of lead sponsors J. Peterson (R) and D. Stewart (D). Other democratic cosponsors include Skindell, Beatty, Redfern, Foley, Celeste, Koziura, Brady, Budish, Ujvagi, Yates, Chandler, Hagan, Brown, Szollosi, Yuko.
• In six years and three General Assemblies, Ohio's Equal Housing and Employment Act has never had an up or down vote in committee or on the floor of either chamber.

Where do Ohioans stand?

According to a poll commissioned by Equality Ohio Education Fund and conducted by the Glengariff Group in February 2009, nearly three-fourths (71.2%) of Ohioans favor employment and housing laws that make it illegal to discriminate based on sexual orientation or gender identity. And fairness is not a partisan issue. That's why Ohio's own Republican Congressmen Dave Hobson and Pat Tiberi, and Congresswoman Deborah Pryce, all voted in favor of the federal Employment Nondiscrimination Act in 2007 and why Ohio Representative Jon Peterson and Senator David Goodman supported the EHEA in Ohio's legislature in 2008 and Representatives Ross McGregor and Terry Blair have stepped up as sponsors of HB 176 this year.

Currently, twenty-one states1, 433 of the top Fortune 5002, 11 of Ohio's 13 four-year public universities3, and the Ohio House of Representatives and Ohio Senate already ban discrimination based on sexual orientation. In Ohio, 16 cities4 ban some form of discrimination based on sexual orientation and/or gender identity, either employment, housing or public accommodations. However, this protects less than 20% of Ohio's population. It shouldn't matter where you live, work or go to school in Ohio; all people should be protected from this all too common form of discrimination.

What exactly does HB 176 do?

Read the full bill here

HB 176 amends Ohio's existing Civil Rights Code, Ohio Revised Code (ORC) Section 4112, to add sexual orientation and gender identity or expression to the existing list of protected classes (ie: race, religion, sex, disability, veteran's status, age, etc.). HB 176 does NOT create affirmative action programs, although some do exist in the current Ohio Civil Rights code. Additionally, Section 4112.05 of the ORC explicitly says that nothing in Section 4112 can be or should be construed to require quotas - for any protected class.

HB 176 includes a religious exemption so that churches may continue to discriminate when hiring people for jobs directly related to the non-profit purpose for which the church was established and it only applies to businesses with 15 or more employees.

HB 176 bill does not change the penalties for a finding of discrimination as they exist in the current law. Section 4112.05 (G(1)) establishes the penalties for violating the current law. Existing penalties include a number of possibilities depending on the findings in the case. These include potential reinstatement of the employee - with or without back pay, payment of damages or attorney's fees. Depending on the finding, the section violated, the number of violations and the history of the respondent, within very specific parameters punitive damages may be assessed not to exceed $50,000.

1 HRC.org
2w3.hrc.org
3Ibid
4Equality Ohio Education Fund Local Jurisdiction Ratings, 3.6.08