Idaho Rejects Sexual Orientation Protection
Senate Committee Rejects LGBT Anti-Discrimination Measure
Feb 22, 2009
On February 20, 2009, Idaho Senate State Affairs Committee rejected a proposal to add sexual orientation and gender identity to the classes protected from discrimination. It would have updated the 1968 Human Rights Act that currently bans workplace and housing discrimination based on race, sex, religion, color, national origin or mental or physical disability.
While the lawmakers voted down the proposal, most Idaho constituents believe that discrimination based on sexual orientation should be illegal. Boise State University released a June 2008 study from the Social Science Research Center that found 63 percent of people believe it should be illegal to fire someone based on their sexual orientation.
Those who opposed the bill gave several reasons. Republican Sen. Russ Fulcher said that homosexuality is a choice and the government should not give protection for a behavior. Republican Sen. Monty Pearce claimed the bill would give the gay population specials rights. Democratic Sen. Nicole LeFavour, an openly gay woman, expressed disappointment at the committee's failure to print the bill.
Without an explicit anti-discrimination law, many forms of prejudice that would be illegal if aimed at someone based on their race or religion are allowed to go unchecked. One example is employment. A company can legally refuse to hire someone or fire someone based on their sexual orientation. This does not mean, however, that the person has to actually be gay, lesbian, bisexual or transgender. If there is only a perception in the person's appearances, mannerisms, etc. that they might be gay then they can still legally be removed from the job.
Another example is in education. A school or academic institution can refuse to admit someone or remove someone based on their sexual orientation or the perception of their sexual orientation. This can also be used to discriminate against such organizations as Gay Straight Alliances. The rejection of this proposal not only allows education institutions to discriminate against members of the lesbian, gay, bisexual and transgender community but it also prevents the creation of an educational group aimed at fostering understanding - in essence continuing the environment of discrimination even within an institution supposedly devoted to knowledge and eradication of ignorance.
Idaho fails to protect the lesbian, gay, bisexual and transgender community from discrimination and also from violence. Idaho's hate crime laws only extend to "race, color, religion, ancestry or national origin" and fail to include sexual orientation or gender identity. But the state does track those crimes motivated by homophobia. In 2007, over 20 percent of Idaho's hate crimes were committed against homosexuals.
While there is a demonstrated need for protection of the lesbian, gay, bisexual and transgender community from discrimination and from violence, the Idaho state legislature refused to print a bill that would have provided even some of that protection.
