commentary
Legislation for the GLBT community now!
Published Thursday, 06-Jan-2005 in issue 889
BEYOND THE BRIEFS
by Robert DeKoven
As the California Legislature reconvenes, the GLBT caucus has never been more powerful and visible (six openly gay and lesbian legislators).
Despite major victories in the Legislature last year concerning the rights of the GLBT community, much more needs to be done. Here is my list:
* Amend the California Civil Rights Act to bar bias based upon marital status by all businesses. As I’ve reported before, many businesses still engage in bias based upon marital status. It’s often a ruse for bias based upon sexual orientation. “Sorry, only married couples allowed. You’re gay? You can’t marry? Oh, what a pity.” As a result of this practice, singles not only pay more for insurance, but gay and lesbian singles are unable to access other services, such as “match making”, because such services are only available to “married” or “persons seeking marital union.”
* Give the Department of Fair Employment & Housing (DFEH) jurisdiction to investigate, adjudicate and award damages in disputes over gay and marital bias claims involving services. Currently, when a business engages in anti-gay (or marital bias), the victim has no other recourse but to hire a lawyer, file a claim and endure the costs of litigation. Sometimes the indignity of bias is relatively minor, but bias nevertheless. We’ve all experienced this: “You’re obviously a gay couple for dinner. Let’s put you out of view of the normal people. Here is a nice table behind the kitchen door. No smooching please or we will have to ask you to leave. No, the straight couple over there is not making out. They’re procreating. There’s a difference.”
OK, it’s wrong. But most of us aren’t going to pay the cost of litigation to pursue it. But, by allowing the DFEH to handle such claims, the victims won’t have to pay a thing, and the DFEH can extract damages and, most importantly, get the business to take remedial steps.
* Create an Office of Civil Rights (OCR) within the Department of Education. Despite laws that now prohibit bias in schools based upon sexual orientation and transgender status, schools are ignoring the laws. We can hardly expect children and teens to hire lawyers, pay court costs and take depositions. Students who suffer abuse because of their race or religion or gender have recourse. It’s the Office of Civil Rights within the federal Department of Education. But gay teachers and students have indicated that the federal OCR will not help them. That’s exactly why GLBT teachers, students and staff need an OCR in California.
* Funding for GLBT youth shelters. It has become increasingly clear that GLBT youth – many of whom are homeless because their parents have forced them out on the streets – need facilities segregated from so called “straight youth” facilities. Often in straight youth facilities, GLBT kids get more abuse than what they were escaping. GLBT youth shelters in San Francisco, Los Angeles and San Diego do fabulous work. But they depend in large measure for support from private donors. That means “us.” Yes, we support our kids. But it’s simply not right that GLBT adults must pay for the care of kids whose so-called “parents” have abandoned on our doorsteps. Both federal and state dollars should completely support these shelters. If nothing else, the state should seek recoupment of “support” from the parents, just as the law provides.
* Prohibit all law-enforcement agencies (including local police, prosecutors, judges and prisons) from employing persons who belong to groups that discriminate on the basis of sexual orientation.
Homophobia is rampant within law enforcement, and it’s due, in large measure, to police agencies hiring most of their recruits from the U.S. military and the Explorers program (Boy Scouts).
Especially now with gays and lesbians compelled by law to go to court to dissolve their domestic partnerships, judges must display impartiality both on and off the bench.
California can demand the same from its police officers, too. If men and women want to serve as police officers while at the same time serving their country, they have an option. They can join the California National Guard, which does not discriminate on the basis of sexual orientation. l
Robert DeKoven is a professor at California Western School of Law. Previous columns are available at gaylesbiantimes.com or beyondthebriefs.com.
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