Lucas County Adopts New Nondiscrimination Policy
By James Fowler
Sojourner's Truth Reporter

It's a familiar scene that's often taken for granted.

A couple walks out of a movie theater and immediately starts discussing the film they've just seen. As they make their way though the lobby, one of them runs into a co-worker and his wife. The couples exchange pleasantries and engage in some small talk before saying goodbye and going their separate ways.

For most people this is hardly a panic-inducing scenario. But for those who are gay or bisexual it can be. Looks of disapproval, averted eyes, and the fear that someone might learn your secret and use it against you are common anxieties among some who are LGBT (lesbian, gay, bisexual and transgender).

For them, progress on this front, one of the more recent battles in the fight for equal rights, has been slow. Ohio does not have a state law banning discrimination based on sexual orientation and neither did Lucas County … until now. Last month, the Lucas County Commissioners passed an employment policy that forbids discrimination based on sexual orientation or gender identity.

The law, which applies only to county employees, was something the commissioners unanimously supported.

“We wanted to make sure we're evaluating our employees and promoting them based on the work they're doing and not on other factors” said Commissioner Ben Konop.

The new policy is similar to ones in Cuyahoga, Franklin and Summit counties. However, the laws in Cuyahoga and Summit counties do not protect the rights of transgender employees whereas the Lucas and Franklin ones do.

While this distinction sets Lucas County apart from others, the commissioners were not the ones who initiated it. In fact, it was a little-known organization that helped set things in motion.

Over the last several years, Equality Toledo, a local organization dedicated to ending discrimination for people regardless of their sexual orientation or identity, had approached the Lucas County government about updating its discrimination laws.

“We'd been talking about this for a while,” said Kim Welter, the former executive director of Equality Toledo who now works for Equality Ohio in Columbus. However, “We'd never really gotten around to it.”

The talks were mostly on a recurring basis until Franklin County passed its own sexual orientation/gender identity ban. Equality Ohio then provided Lucas County officials with samples of the Franklin County law. With an actual model to base a plan on, the commissioners instructed the human resources department to look into the issue further.

They did. And what they found was surprising.

“I was told we didn't have any equal opportunity employment policy in place and that we hadn't really taken a look at this since the early 1980s,” said Konop.

Lucas County's discrimination laws were based on Ohio's nondiscrimination policy, which is, essentially, Title VII of the Civil Rights Act of 1964 reworded. Signed by President Lyndon Johnson on July 2, 1964, the act prohibits most harassment and discrimination in the workplace.

“It wasn't like we said, ‘Oh, wow! We've haven't been doing this right!' We'd been doing it right,” said Brian Cunningham, director of human resources for Lucas County. “But now was the time to publicly have something.”

Konop felt the policy would help Toledo with something it needs: economic growth.

“There's a connection between diversity and acceptance for all people and economic growth,” he said. “The more diverse a community is the more economic opportunities will be present.”

Is he right? In 2006, the Brookings Institution in Washington, D.C. issued a report examining the state of U.S. cities. In it the research noted that young “workers tended to migrate towards larger, more diverse metropolitan areas, perhaps reflecting a higher degree of tolerance and appreciation for diversity.”

However, the study also found that job growth and high wages were factors in attracting new workers. Both are areas Toledo's had trouble with recently, thanks partly to a shaky U.S. economy.

Still, there are some things even a robust economy can't fix.

“It (the policy) doesn't do anything for a person's lived experience,” said Welter. “If someone goes into a restaurant in Sylvania, he can be thrown out because he's gay. That's still a problem.”

The Ohio legislature is considering a bill that would ban discrimination based on sexual orientation for all housing, employment and public accommodation. The bill has bipartisan support, but it's unclear when, or if, it will become law. So for now Lucas County remains one of the few counties to take a stand on the issue. And that's something Konop sees as a positive step.

“I think what's important about the measure is that it makes our community more of a beacon of progressive thought, progressive policy,” he said. “Toledo can be a community that promotes diversity and that will lead to economic growth and opportunities for all Lucas County citizens.”

$85,000 sexual-harassment settlement OK'd for ex-officers
Wednesday, May 21, 2008 7:54 PM
By BOBBY PIERCE
THE COLUMBUS DISPATCH

Clinton Township agreed yesterday to pay a total of $85,000 to two former police officers who had said they were sexually harassed.

"No one admits any wrongdoing," said trustee chairman Bruce Tjampiris, who voted with trustee John Coneglio to approve the settlement.

Trustee Larry Wilkes stormed out of the meeting after reading a letter in which he said the township needed to be accountable for harassing the officers.

Patrick Sheehan will be paid $35,000 and Erik Vicars $50,000 in the settlement. In exchange, they agreed to withdraw their legal complaints against the township. The settlement money will be paid by an insurance company; the township, however, is responsible for ithe company's attorney fees.

Both officers complained to Michael Jones, the police chief at the time, that they had been the victims of slurs. They said no action was taken, and they filed complaints in August. Jones resigned as chief and now serves as a lieutenant.

The complaints centered on alleged harassment by Lt. Anthony Pfeifer, who is under investigation for e-mails he sent. Tjampiris said the does not expect the investigation to uncover any wrongdoing.

The two former officers also said other officers called them gay and used slurs to describe them. Other officers also refused to work with them, even in potentially violent situations, they said.

If there wasn't any guilt on the township's part, Wilkes said, then no settlement would be needed.

"The sad part is that those responsible for much of this harassment and those in a supervisory position who had the authority to stop it at the time have not even been put on administrative leave during the investigation, let alone disciplined," Wilkes said.

"Legal fees are very expensive," Tjampiris said, explaining that the township's insurer advised the trustees to settle.

The trustees yesterday accepted Vicars' resignation from the force. Vicars' attorney, Terry Kilgore, said the trustees fired the officer in January.

"The trustees want it under the rug," said Kilgore. "I don't want it under the rug."

No action will be taken against Jones or Pfeifer as a result of the settlement., and no practices will be changed inside the police department because the township does not accept any guilt, said Tjampiris.

The trustees and township fiscal officer Rebecca Christian refused to provide documents outlining the terms of the settlement. Ohio's open-records law and several court rulings say that governments may not keep settlement documents secret.

Christian said the township would not provide a copy of the settlement because "the other party" had not signed it yet. However, Wilkes and Kilgore both explained details of the settlement., and Kilgore provided a handwritten draft of it.

rpierce@dispatch.com

Gay-rights foes will be minority before long
Wednesday, May 28, 2008 4:03 AM
By Ann Fisher
The Columbus Dispatch

A state lawmaker from New Albany backed a bill this year that would give employment and housing protection to Ohio's gays and transsexuals.

That took some courage because the Senate leaders of his party, the Republicans, have no patience for the legislation. And similar bills never have received much attention in Ohio, let alone on-the-record hearings.

But Sen. David Goodman said his active endorsement of Senate Bill 305 was a no-brainer after a conversation in March with his father, a prominent Harvard-trained lawyer. That day, he reminded his son why Jewish law firms first opened in Columbus: No one else would hire Jewish lawyers at the time.

That sort of discrimination is illegal now in Ohio -- unless you're gay.

Later that day in March, Goodman received a call from a friend who is pushing for Senate Bill 305 and House Bill 502, companion measures that were introduced that month. His friend asked him to co-sponsor the Senate bill.

"How could I say 'No' after what my father had told me about my own family's past?" Goodman said.

Gay-rights opponents still carry the day in Ohio, so those of us on the other side still celebrate even a few Senate hearings on the bill. But those days might be numbered.

Another generation of voters -- and the people they elect to represent them -- will be taking over in a few years. If the polls are any indication, they won't tolerate intolerance.

Research and exit-poll data studied by the Center for Information & Research on Civic Learning & Engagement suggest that youth support for equal protections for gay people crosses partisan, ideological and religious lines.

The same data indicate that, across the board, at least 85 percent of people ages 15-25 support equal protection in housing and employment.

Eighty-five percent. That same group now falls within the age range of 19-29.

State Rep. Dan Stewart, a Columbus Democrat, has worked on this issue since he was a Senate legislative aide a decade ago. Now sponsor of the House bill, Stewart said the hearings are a good sign because they "advance the education and the cause."

His colleagues are getting smarter and better educated about the issue, and better prepared to respond to the form letters sent by those who say that equal protection is somehow a "special status" when it comes to gays and transsexuals.

And those who say that such laws will bring a flood of lawsuits are just plain wrong, according to a 2002 report on 13 states by the U.S. General Accounting Office.

In the end, the only valid opposition is personal. No one, for example, can change the mind of the angry older man who called to criticize me for my support of gay rights, calling me an embarrassment to journalism.

He'll take that hate with him to the grave. And tolerance will bloom in his wake.

Ann Fisher is a Dispatch Metro columnist. She can be reached at 614-461-8759 or by e-mail. Check out her blog Furthermore… at blog.dispatch.com/ann/.

afisher@dispatch.com

May 23, 2008

Citizens visit Ohio lawmakers to urge equality bill's passage

by Eric Resnick

Columbus--The Equal Housing and Employment Non-Discrimination Act was on the minds of Ohio legislators last week as 362 volunteer lobbyists fanned out around Capitol Square.

LGBT people and allies from around the state visited 81 legislative offices in the Ohio Statehouse and nearby buildings on May 14, meeting with 40 House and Senate members, both Democrats and Republicans--the most ever. The rest met with legislators' staff members.

The third annual "Lobby Day," sponsored by Equality Ohio, was possibly the most productive yet.

The first event in 2006 drew 485 participants and was focused on introducing LGBT people to legislators and telling the stories of their lives.

Last year's brought 350 to the Statehouse to tell lawmakers that Ohio was ranked 51 among 50 states and the District of Columbia in protecting the rights of LGBT citizens.

This year, participants asked their representatives to remedy that by passing the non-discrimination act, also known as EHEA.

The measure prohibits discrimination by sexual orientation and gender identity or expression in public and private employment, housing and public accommodations.

The day before, it was considered by the Senate Judiciary and Civil Justice Committee.

Trisha Hershey, an aide to State Sen. Tom Niehaus of New Richmond, heard a constituent tell how she lives in fear of losing her job at a hospital.

Niehaus, a Republican, is the majority floor leader.

"With my transitioning, things are getting uncomfortable there," said the woman, who is not out at work. She added that a friend had been fired for transitioning on the job.

Joining her in Neihaus' office were John Farina and David Howard of Cleveland.

Farina told Hershey about his employment experience at a Cleveland area bank.

"Once my name appeared in the paper as a gay activist," Farina said, "I got moved around to all the bad branches. These things happen all the time."

Howard said he had been fired for coming out at work when he was 40. His attorney told him to file a suit for age discrimination because there is no protection based on sexual orientation.

"My integrity didn't let me do it," Howard said.

The visitors were pleasantly surprised that legislators and staffers remembered the stacks of "Fired" cards they were given when EHEA was introduced in March. The postcards, signed by dozens to hundreds of people in each lawmaker's district, explain how LGBT Ohioans have no protection from discrimination.

"When I worked in Columbus and lived in Canal Winchester, my status changed twice a day, going to and coming home from work," R.J. McKay told Lori Plato, who is Republican Rep. Kevin DeWine's aide.

DeWine is the House speaker pro tempore and deputy chair of the Ohio Republican Party.

McKay, who now lives in Beavercreek, told Plato that it was wrong to lose protection by crossing into a community that does not have a human rights ordinance, and that EHEA would make protection uniform throughout the state.

McKay joined Dan and Nancy Tepfer, Dr. Juli Burnell, Patty Thompson, Antonia Harter and Judy Nablo in the visit with Plato. All live in DeWine's district.

Plato said DeWine likes hearing from constituents.

Thompson said her gay son left Ohio because he would not be protected from discrimination.

"If laws were based on equality, we wouldn't be destroying families," Thompson said, with some emotion.

Burnell told the story of her partner, a psychologist for the state of Ohio who could not ask her boss for bereavement time in 2001, because she would have to explain her relationship with Burnell.

Burnell said that with Gov. Ted Strickland's executive order last year banning discrimination in state employment, her partner was able to come out and take advantage of leave afforded married partners.

Dan Tepfer told Plato that DeWine is not risking anything by supporting EHEA.

"David Hobson voted for it in the U.S. House," Tepfer said.

Hobson is a Republican whose congressional district includes DeWine's Ohio House one.

Shih-Hua Yu left Cleveland on a Greyhound bus at 4:30 am to join the lobbyists. She is a first-year graduate student at Case Western Reserve University studying social administration.

Yu is not lesbian, but has a friend back home in Taiwan who is, and decided to join the lobbying effort on her behalf.

Following the legislative visits, participants discussed their experiences.

The main issue of concern is that more education has to be done around transgender needs. Lawmakers need to meet more transgender constituents.

During the day Equality Ohio also raised $11,000 from participants, allowing access to an additional $10,000 matching funds from the Gill Foundation. The money paid for the cost of the event.

Lesbian comedian Kate Clinton performed for 600 people at the Southern Theater the night before lobbyists hit the Statehouse. That event raised money for Equality Ohio's Educational Fund.

Clinton also entertained lobbyists during the event's Wednesday morning orientation.

The lobbyists also heard from Ohio Civil Rights Commission director G. Michael Payton, Democratic State Sen. Dale Miller of Cleveland, who is EHEA's lead senate sponsor, and Republican State Sen.David Goodman of Columbus, who is also a sponsor and chair of the committee hearing it.

The lead sponsors in the House, Democrat Dan Stewart of Columbus and Jon Peterson of Delaware, also addressed the group.

At day's end, a reception for lawmakers was held at the Capitol Hyatt Hotel. It raised an additional $3,000 from 50 attendees.

Legislators at the reception included State Reps. Jay Goyal of Mansfield, Mike Skindell of Lakewood, Ted Celeste of Grandview Heights, and Dan Stewart of Columbus, all Democrats. A number of others sent staff members.

State Sens. Tom Sawyer of Akron and Jason Wilson of Columbiana, both Democrats, attended.

Goyal, who is not an EHEA co-sponsor and had been uncommitted on it, told a group of his constituents at the reception that he is "supportive of EHEA" and "would vote for it."

Wilson also said he would have to see the final version before voting yes, adding "I support the premise and believe in respect for all Ohioans."

Wilson is also not a co-sponsor and had previously not indicated support.

Equality Ohio director Lynne Bowman said the event was "another amazing day," adding that it signals "maturity and real change."

"In 2006, we were all nervous about doing this," Bowman said. "Now people know what they are doing and they get to business."

Groups returning from visits also observed that legislative aides know who Equality Ohio is, and are getting familiar with LGBT lobbyists visiting them.

"No matter how smoothly things go or how many legislators we visit, the most impressive thing is seeing people jazzed about seeing their legislators," Bowman said. "That's what makes it special."

Bowman explained the drop in attendance over the first two years by saying, "It's not new anymore."

According to Bowman, 70 percent of participants this year had come before.

"It's a big commitment," Bowman said. "The group that keeps coming each year is turning into a tight and effective one."

Supporters and opponents of new anti-gay discrimination law clash in hearing
by Bill Cohen
May 13, 2008

to hear this clip click here

http://www.gaypeopleschronicle.com/stories08/may/0516084.htm

Equality bill is a civil rights and business issue, senators are told

by Eric Resnick

Columbus--"Basic protections should not depend on where you live or what company you work for," Equality Ohio director Lynne Bowman told an Ohio Senate panel Wednesday. "And make no mistake. A decision by this body to not pass this bill would be explicit permission to discriminate."

The bill she was discussing is the Equal Housing and Employment Non-Discrimination Act, which would prohibit discrimination by sexual orientation and gender identity or expression in public and private employment, housing and public accommodations.

The May 13 hearing of the Senate Judiciary and Civil Justice Committee was the first time such testimony has been heard in the Statehouse on an LGBT equal rights bill. Similar bills were introduced in 2003 and 2005 but saw little action.

The measure, also known as EHEA, was introduced in March by Sen. Dale Miller of Cleveland, a Democrat who sponsored earlier versions as a member of the House.

The nine-member committee is chaired by Republican David Goodman of Columbus, who is also a co-sponsor.

Miller was pleased with Goodman's decision to hear proponents and opponents at the same time. This way, both sides will have been heard whether or not there are additional hearings, and the committee can act on the bill.

"It's farther along this way," said Miller. "I have been here long enough to have seen things pass [out of committee] this way."

Goodman said he may be able to schedule additional hearings when the Senate returns from its three-week recess.

He added that even though the majority of committee members support the bill, the majority of Republicans on the panel don't.

"That means you typically don't move a bill," said Goodman. "This is no different process-wise than any other bill."

One other Republican on the panel supports the measure, Steve Stivers of Columbus, who is running for Congress.

The rest of the committee Republicans, Kirk Schuring of Canton--also running for Congress--Steve Buehrer of Delta, Keith Faber of Celina and Bill Seitz of Cincinnati, are generally hostile to LGBT people and are not expected to support the bill.

Two of the committee's Democrats, Eric Kearney of Cincinnati and Teresa Fedor of Toledo, are also co-sponsors. The third, Lance Mason of Cleveland, is not a co-sponsor due to some questions, but supports the measure and says he would vote for it in committee and on the floor.

The companion bill in the House was introduced by Republican Jon Peterson of Delaware and Democrat Dan Stewart of Columbus. It has not moved.

All the committee members except Stivers were present for the May 13 hearing.

The proponents: Judge by character

"Not passing this bill is a statement that in Ohio, our lawmakers don't believe that everyone should be judged based on the strength of their character, the performance of their work or their contribution to their community," Bowman continued. "Rather, you would be saying that in Ohio, the thing that trumps everything, the thing that will legally allow you to lose your job, permit you to be kicked out of restaurants, or deny you a place to live, is the gender of the person you love."

Buehrer asked Bowman if the bill requires prospective employers to ask the sexual orientation of those they interview "so as to avoid any confusion."

"No," Bowman answered, the bill only requires that employers cannot discriminate.

"How far would you go in creating a protected class?" asked Buehrer.

"It's not my charge to decide what other classes should be added," replied Bowman, "only to see that there is no discrimination on the basis of sexual orientation and gender identity."

Ohio anti-discrimination law presently includes race, color, religion, sex, familial status, ancestry, disability, and national origin.

Buehrer said when so many protected classes are created, employers are in "proverbial fear" of not having all the employees on the checklist.

"Where do you draw the line?" asked Buehrer.

"I don't know where the line is," said Bowman. "What I know is that employers should be able to choose employees based on qualifications, not discrimination based on sexual orientation.

Attracting the best and brightest

Jason Lansdale of Cleveland testified on behalf of the Cleveland Clinic.

Lansdale, who is gay, said the Clinic attracts, retains and promotes its best and brightest "in a variety of ways" including creating employee advisory groups and "publicly supporting legislation like [EHEA]."

"Is there any business reaction to support or opposition to this bill?" asked Fedor.

Lansdale responded that LGBT people tend to be brand-loyal and support businesses who see diversity as an imperative.

Goodman asked if the Cleveland Clinic, the second largest employer in the state, has had difficulty recruiting qualified LGBT people due to Ohio law.

"Yes," replied Lansdale. "There is a perception that Ohio does not protect LGBT people."

"Is this a civil rights issue?" asked Fedor.

"Yes, and also a business one," Lansdale said.

Barbara Richards of Dublin testified that her gay son was offered jobs in Ohio law firms, but chose one in Chicago instead.

"John's decision to take a job in Chicago instead of Columbus was in no small part influenced by the fact that as a gay man he was not afforded many of the basic rights that most of our children have as citizens of the state," said Richards.

Illinois is one of 13 states that include sexual orientation and gender identity in their anti-bias laws. Seven more have measures covering sexual orientation only.

Richards described her son as a summa cum laude graduate from Vanderbilt University and a cum laude graduate of the University of Pennsylvania Law School who has served internships with the Bush White House and the Ohio Attorney General and who did an externship for Legal Aid of Tennessee before clerking for U.S. District Court Judge Gregory Frost.

Goodman indicated that he knows Richards and her children.

Fedor, a former teacher, said that statistics show that one in nine students in any classroom "have a different sexual orientation."

"Are we raising our kids to discriminate?" asked Fedor.

"If they just look at the law, yes," answered Richards.

'It simply makes us equal under God'

"I am not here today to debate the biblical teachings regarding homosexuality, nor do I believe it necessary to engage in such a discussion when referring to this legislation," testified Rev. Stephen Moulton, a Presbyterian minister from Bowling Green.

"This measure does not ask anyone to condone or accept another person for being gay, lesbian, bisexual or transgender any more than a prohibition against religious discrimination suggests that we somehow have to condone or accept the correctness of someone's faith decision."

"God calls me to honor and respect the rights of others to believe differently than I do," Moulton continued, "It does not make any of us necessarily right or wrong. It simply makes us equal under God."

"For those of us who believe in God, [passing this legislation] is not only the loving thing to do, but also the right and only thing to do."

Karen Days, president of the Columbus Coalition Against Family Violence and chair of the United Way's Diversity and Inclusion Committee testified that EHEA embodies her agency's commitment to inclusion, diversity and equal opportunity.

"The fact that this fundamental commitment to inclusion and human decency is not upheld by state policies that protect basic human rights is troubling and disheartening," Days said.

Days talked about the census the United Way conducted to learn about the central Ohio LGBT community.

"Almost two of every three participants who stated they experienced discrimination reported discriminatory practices at work," Days said.

Days said that finding complements similar findings by UCLA's Williams Institute last year that more than a quarter of LGBT people were denied a promotion or fired based on their sexual orientation, and 40 percent reported being verbally or physically abused or had their workplace vandalized.

The League of Women Voters of Ohio submitted written testimony calling EHEA an effort of government to be inclusive, fair and accountable in the fight to resist discrimination and inequity.

The ACLU also released a written statement supporting the bill.

The opponents: 'Fascism'

Carolyn Blow of Xenia called EHEA "fascism," and said it "forces people to be associated or yoked with people who are into homosexuality and or who cross dress, and or at the least, it forces people to promote a lifestyle that in many religions is antithetical to the doctrines of their faith."

"For the state to dictate what one's religion must involve or what one must accept against his conscience is tyranny."

"This bill forces Ohioans to accept and promote a deviant behavior," said Blow. "That characteristic is different from all the others against which discrimination is banned in current law."

"Regardless of how people who practice homosexuality think they are oriented, what they do is not normal," said Blow also claiming "much higher rates of antisocial behaviors, molestations and other criminal acts that [homosexuals] commit in comparison to others."

None of the senators questioned Blow.

Mission America president Linda Harvey agreed with Blow that EHEA is fascism, and continued that it "seeks to exalt homosexual behavior."

"If this law is passed, we can expect many more openly homosexual and cross dressing teachers in our public schools and day care centers," Harvey testified. "This will create a hostile environment for people who hold traditional values. We're likely to have many more school situations where homosexuality becomes noble and Christian values are discarded or mocked."

Harvey told the committee of afair housing ordinance passed by Wooster in 1990 that included sexual orientation which was repealed by voters the same year.

"That's the response you might expect if you pass this," Harvey testified.

Later, Harvey was asked about that.

"I'm not planning to lead the effort, but someone might," Harvey said.

Gays are doing well enough

Citizens for Community Values governmental affairs director Barry Sheets testified that EHEA isn't needed because Ohio's LGBT people are doing well enough without it.

"Under the legislation, a person's expression of their personal sexual behavior would be given the same force of law in determining unlawful discrimination as one's race, gender or national origin," Sheets said, "the latter all characteristics which are immutable in nature and have been recognized by the courts as having been stigmatized by economic disenfranchisement and powerlessness."

Sheets also pointed to the Williams Institute study as evidence that same-sex-attracted individuals are more likely to be employed than married ones.

He also said that same-sex couples have higher incomes and are more likely to hold professional or management level jobs.

Sheets also said that only ten states in the country have more companies scoring 100 percent on the Human Rights Campaign's Corporate Equality Index than Ohio.

By this time, only Sens. Goodman and Schuring remained.

CCV president for public policy David Miller continued Sheets' claim that LGBT people are better off economically than the rest of the population, making EHEA an unnecessary burden on businesses.

"By creating new civil rights protections based on someone's actual or perceived heterosexuality, homosexuality, bisexuality, asexuality, or transgenderism, we are actually inhibiting business, and we are running counter to more than a half-century of civil rights laws, thereby inflicting gross inequality upon traditionally protected classes," Miller testified.

Fired for expressing beliefs

"In an attempt to curtail discrimination based upon someone's sexual expression, religious discrimination often erupts within the workplace," Miller continued.

"Employees may be terminated for expressing their religious beliefs in the workplace and be subject to discrimination."

Miller laid out three criteria for creating protected classes, which he said are the ones recognized by courts: immutable characteristic, economic disenfranchisement, and political powerlessness.

Miller said homosexuality doesn't qualify as any of the three.

Goodman, who is Jewish, has talked extensively to reporters about his father's experience with religious discrimination when he graduated from law school. He says it is the main reason why he is co-sponsoring EHEA.

He seized on Miller's criteria.

"Would that have been the right argument to make to my father?"

Miller did not directly answer the question. Instead, he gave reasons why government might need to step in if there is economic disparity.

"Whether your father met all of these, I don't know the circumstance," Miller said.

Religion is not immutable

Later, Miller told a reporter that religion, though not an immutable characteristic, should be a protected class because "it's in the Constitution."

"Sexual orientation is not in the Constitution," Miller said.

Asked if there is discrimination based on sexual orientation, Miller said, "There very well may be. I have heard stories."

"But I will never agree that sexual orientation is immutable," Miller said.

Ohio Christian Alliance president Chris Long submitted written testimony in opposition to EHEA.

Goodman said he intends to treat EHEA like he treats all measures before his committee.

"I'm trying hard to treat it like any other bill that comes through," Goodman said. "I'm going to try to get it as much in front of the committee as I can."

"Some bills, especially Democrats' bills, get sponsor testimony, and that's all. This one merits hearings and potentially more," Goodman concluded.

Volume #77, Report #93, Article #04 --Tuesday, May 13, 2008

PARTISANS OFFER COMMITTEE CONFLICTING VIEWS OF BILL TO BAN DISCRIMINATION BASED ON SEXUAL ORIENTATION

Proponents of a bill to prohibit discrimination based on sexual orientation told a Senate panel Tuesday "it is the right thing to do for Ohio," while an opponent decried "the strong-arm, fascist nature of this legislation."

There appeared little if any room for compromise as partisans outlined their views on the measure (SB 305*) during testimony before the Senate Judiciary-Civil Justice Committee.

The legislation would add sexual orientation to a list of existing factors - race, color, religion, age, sex, familial status, marital status, national origin, ancestry, or disability - on the basis of which discrimination in employment, housing, and public accommodation is prohibited.

Lynne Bowman, executive director of Equality Ohio, said Cardinal Health, the largest Fortune 500 company with headquarters in Ohio, supports enactment. She said 26 of Ohio's 28 companies in the Fortune 500 already have similar policies.

"In my experience businesses don't typically do something that is counter to their business interests. They know this is the right thing to do for their business, and it is the right thing to do for Ohio," Ms. Bowman said.

She said a decision of legislators to reject the bill would amount to explicit permission to discriminate.

"(You) would be saying that in Ohio, the thing that trumps everything, the thing that will legally allow you to lose your job, permit you to be kicked out of restaurants, or deny you a place to live, is the gender of the person you love," Ms. Bowman said. "I don't believe that is the message of Ohio we want to send."

Barry Sheets, governmental affairs director of Citizens for Community Values, said the proposal is the state version of legislation that has been introduced in Congress on numerous occasions but has not been enacted.

Mr. Sheets said the bill would create a number of difficulties for employers, religious organizations, and for government. He said it also would create unfunded mandates and unintended consequences for Ohio employers.

"The desire to accommodate what amounts to 2.9% of Ohio's population, and only 0.4% of all households in the state, with special protections of personal sexual expression by creating what would amount to affirmative action and quota programs for each of the enumerated classes in this bill is not well thought through," he said.

"We would sincerely hope that we will be able to report to our constituencies that you will heed the concerns of Ohioans who believe that Ohio should not extend special rights to individuals because of their personal private sexual expression," Mr. Sheets said.

Jason Lansdale voiced support for the bill as a representative of the Cleveland Clinic where he is a market development staff member. With 37,000 employees, the clinic is the state's second largest employer.

"Cleveland Clinic is one of the many companies and organizations across Ohio that already prohibits discrimination against individuals on the basis of their sexual orientation," Mr. Lansdale said.

"They do so because we believe it is the right thing to do as an employer, economic development catalyst, and a major health care provider," he said.

Barbara Richards of Dublin said the decision of her lawyer son, who is gay, to work in Chicago instead of Columbus was in no small part influenced by the lack of basic rights extended to him in Ohio.

"Being fired, not able to rent an apartment, or an equal shot at a job, are a few of the realities of life for a gay Ohioan," Ms. Richards said.

"This legislation is not about gay marriage. It simply states no one, that is no one, should be denied opportunity based on orientation," she said. "All of our children, gay or straight, should be valued, respected, and treated with the dignity afforded every citizen of this state."

David Miller, CCV vice president for public policy, said there is no demonstrated history of economic disenfranchisement among "homosexuals, bisexuals, asexuals, and gender-confused individuals." He cited an online source as saying the household income of such persons is significantly more than the national average.

"(No) one today would attempt to claim that those who identify themselves by their sexual expression have been shut out of the political conversation in this state or country," Mr. Miller said.

"Consider how many now serve in elected office, the amount of money in the multiple-millions of dollars that their political organizations raise each year to support their candidates, and what kind of support they enjoy from most every major news and media outlets," he said.

Linda Harvey, president of the Columbus-based Mission America, said she opposed "the strong-arm, fascist nature of this legislation," which she said, "seeks to force immorality" on Ohioans.

"If this law is passed, we can expect many more openly homosexual and cross-dressing teachers in our public schools and day care centers," Ms. Harvey said. "We're likely to have many more school situations where homosexuality becomes noble and Christian values are discarded or mocked."

Monday, May 12, 2008 - 2:00 PM EDT
Businesses support law to ban discrimination based on sexual orientation
Business Courier of Cincinnati - by Lucy May Senior Staff Reporter

Supporters of legislation to outlaw discrimination based on sexual orientation or gender identity on Monday released a list of businesses that have lined up to support the law's passage.

"Ohio's businesses -- big and small -- are lining up to support this legislation," said Lynne Bowman, executive director of Equality Ohio, in a news release. "They know that discrimination is not only wrong, it's also bad for business."

Business supporters include: Cardinal Health in Dublin; Certified Networker in Toledo; Cincinnati Precision Print; Cleveland Clinic; Cleveland MetroHealth; ComStar in Huntsville; LimitedBrands in Columbus; Nationwide Insurance in Columbus; and the University of Toledo, among others.

Equality Ohio spokeswoman Sandy Theis said proponents are awaiting endorsements from other major employers, too.

The organization also unveiled a new Web site designed to solicit examples of people who have been fired, denied housing or forced out of restaurants or other public places because of their sexual orientation or gender identity.

Anyone with knowledge of discrimination can visit the site at www.dowhatsrightohio.com and go to a link called "Tell Your Story."

Bills to outlaw such discrimination are pending in the Ohio Senate and Ohio House of Representatives. Hearings on Senate Bill 305 resume Tuesday.

Eleven of Ohio's 13, four-year public colleges and 16 Ohio cities and villages have ordinances that protect their gay and lesbian residents. The proposed legislation would create statewide standards for all Ohio residents.

Thomas Suddes: Anti-gay bias is holding back Ohio’s economy

Sunday, March 16, 2008

Thomas Suddes
Plain Dealer Columnist

Ohio taxpayers will spend $67 million to $100 million to make Omaha zillionaire Warren Buffet even richer and - we’re told - assure Ohio of jobs and progress. Ohio could accomplish the same thing - cost-free - through a statewide ban on discrimination against gay men and lesbians.

That’s basic fairness. But it’s also good business. Today, all the PR in the world can’t change one stark fact: Ohio, nationally, has a stodgy image. Some Americans blame Ohio for giving George W. Bush a second feckless term. Then there was Ohio’s humiliating “debate” over evolution vs. creation. Icing the poisoned cake was Ohio’s 2004 ballot initiative banning same-sex “marriage,” even though such “marriages” never had been, nor ever would be, legal in Ohio. Nevertheless, suburban Cincinnati needs something to hate, and on that issue the rest of Ohio and its legislators obliged.

To read the rest of Thomas’ column click here

Long past time for state to end legal bias

Monday, March 31, 2008 3:08 AM

By Ann Fisher

Some state lawmakers are quick to trash home rule when it comes to enacting gun laws and scrap-metal regulations. But they blithely ignore the patchwork quilt of statutes in Ohio that outlaw discrimination against a person because of sexual orientation or gender identity.

Anyone who has been conscious in our litigious society these past 25 years is aware of the argument that we don’t need another “protected class” of citizens in this country.

But who can point to any examples of cities, villages or states, colleges or universities swamped in lawsuits because their leaders had the courage and vision to extend inalienable rights to gays?

Any uptick in complaints, however minor, reflects not trial lawyers gone wild but injustice. That is, after all, why we need the protections.

To finish Ann’s column, click here

Lawmakers seek sexual orientation protections

By JULIE CARR SMYTH AP Statehouse Correspondent
Published on Tuesday Mar 11, 2008

After Jimmie Beall was fired from a teaching job she loved because she was a lesbian, she made a promise to her students that she’d fight to prevent the same thing from happening to others.

On Tuesday, Beall helped state lawmakers unveil a bill that would prohibit discrimination based on sexual orientation in jobs, credit and housing. Backers say the political climate is prime to make Ohio the 22nd state to pass such a law.

Opponents of similar measures that have failed in the past suggest the potentially divisive proposal’s introduction may be politically loaded, coming just months before a critical presidential contest in the pivotal swing state.

Beall said she had just received a stellar review and great new work assignment days before her firing from the London City Schools in western Ohio. Then the principal discovered she was gay.

“Being fired left me stunned, absolutely devastated,” she said. “I don’t know how to express how it feels when you know that you have children and no income and no insurance now because of who you are.”

Democrats led this year by Rep. Dan Stewart of Columbus in the House and Sen. Dale Miller of Cleveland in the Senate have been behind similar measures in the past. More unique are the two Republicans who have signed onto the proposal this time: so far, Rep. Jon Peterson of Delaware and Sen. David Goodman of Bexley.

Peterson, who backed a bill in 2004 declaring gay marriage in conflict with state policy, said he has been soul-searching since then on the question of gay rights.

After conversations with his pastor, friends, and his 14-year-old daughter who is nonplussed at anyone’s interest in someone else’s sexual preferences he decided to advocate the anti-discrimination legislation.

“It’s a new day, it’s a new time,” he said. “And I am focussed on trying to open hearts, and open their eyes and their ears to compelling testimony like Jimmie’s this morning.”

Gov. Ted Strickland, a Democrat, said Tuesday that he would sign the bill if it made it to his desk.

Lynne Bowman, executive director of the gay rights group Equality Ohio, said 21 other states, 433 of the Fortune 500 companies, 11 of the state’s 13 four-year universities, and 16 Ohio cities and villages already have such protections in place.

“The public supports this, our top business leaders embrace this, fairness demands this,” Bowman said. “Why would the state tolerate any form of discrimination for any reason?”

Barry Sheets, a lobbyist for the conservative Christian group Citizens for Community Values, said similar bills have failed to win support in the past and that workplace equality seems to be improving for gays and lesbians just the same.

“I’m wondering if this isn’t a solution in search of a problem,” he said. “If I’m not mistaken, the Human Rights Campaign just came out with a workplace equality index and said there’s been quite a massive increase in the number of businesses that are GLBT (gay, lesbian, bisexual, transgender)-friendly.”

He wondered why a bill with few changes from its earlier incarnations took until 15 months into a 24-month session to be introduced.

“If this is really, truly a problem and I don’t see the data really showing that, even from homosexual advocacy groups, which are moving forward saying workplace equality is advancing by leaps and bounds why take 15 months to bring it up?” he said. “It makes me wonder whether maybe there’s something else going on here.”

Sheets’ organization backed a statewide gay marriage ban in 2004 attributed with mobilizing Christian conservatives who helped swing the state to President Bush in that year’s election.

The bill’s advocates say they have a growing body of evidence on discrimination’s economic effects such as Beall’s loss of her job and insurance to make their case this time around.

A 2002 study by the U.S. General Accounting Office found that such protections did not lead to a flood of lawsuits against government. In California, 596 of the 17,668 discrimination cases filed in 2001, for example, involved sexual orientation. In Connecticut, the number was 44 of 2,006. In the District of Columbia it was 19 in 210, and in Hawaii, 9 of 535, the study found.

And a recent survey by The United Way found that half of the gay, lesbian, bisexual and transgender people who responded had been victims of some form of discrimination.

Beall said the superintendent in her former school district sent an e-mail to school board members urging them to fire her, just based on the suggestion that she might be gay. He later told the courts he didn’t know it was wrong to discriminate based on sexual orientation. The district has since passed an anti-discrimination policy.

Stewart said people across the country are aware you can be fired in Ohio for being gay, as Beall was, and are unlikely to take that risk and take a job in the state.