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So “No!” to Institutionalized Discrimination

Editorial | March 18th, 2015

Adding sexual orientation to our enumerated list of protected classes should be a no-brainer

North Dakota, albeit late in the game, now faces an opportunity in the Legislature to turn history around and to finally afford simple and equal protections under the law to our state’s lesbian, gay, bisexual and transgender residents.

Senate Bill 2279 squeaked through the state Senate and goes before the House of Representatives next. The bill simply adds sexual orientation to the list of protected classes. As amended, Section 14-02.4-01 of the North Dakota Century Code would read as follows:

“It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, sexual orientation, status with regard to marriage or public assistance, or participation in lawful activity off the employer's premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer; to prevent and eliminate discrimination in employment relations, public accommodations, housing, state and local government services, and credit transactions; and to deter those who aid, abet, or induce discrimination or coerce others to discriminate.”

The outcry from opponents is shrill, yet not surprising. They make it sound as if the world will come crashing down upon us if LBGT folks get some sort of equal protection against discrimination under the law. Years ago, we’d guess they would have the same objections against protections for people of color. Or women. Or marriage status. Or physical or mental capability. Or religion. Or national origin.

You get the point. Some of these same folks probably would be fighting against abolition of slavery if it were the issue of the day. But that also was properly addressed and corrected years ago.

But back to SB2279. This is not a bill creating special privilege for some people. It’s a bill to include some of our most at risk citizens and children in our protections, knowing full well they are targets and can indeed be fired from work, evicted from housing, or refused services because of who they are and whom they love.

The United States of America is not just a democracy, we remind you. It’s a democratic republic. In a simple democracy, the majority could conceivably trample a minority’s rights. Call it groupthink, or mob rule, or whatever you want. In a democratic republic, the minority and or individual rights are paramount and warrant protection from harmful action of the dominating group. Plain and simple.

While opponents demand examples and proof of discrimination, the tables can be turned and the next question is to ask for proof of harm to them should SB2279 pass into law. What opponents really want is institutionalized, codified support of bigotry and narrow mindedness.

North Dakota is above that, or should be.

You see, EVERY person in our state deserves respect and ought to feel safe. Every daughter, every son, every brother, every sister. Every uncle and every aunt, every niece and every nephew. Every friend and every neighbor. Every mom and every dad.

Adding sexual orientation to our enumerated list of protected classes should be a no-brainer. But it’s not, and we need to ask why? Then we need to look at who opposes such protections and ask them why? And then we need to say prayers for them because quite frankly they know not the damage they do to people close to them and to others.

These wedge issues divide us when we should otherwise be truly united. Perpetuating bigotry and discrimination is not the high road. Institutionalizing statutes that do harm or leave any people at risk to harm under the law is not the American way.

Senate Bill 2279 is not a religious issue, nor is it a carte blanche endorsement of gayness. It’s a simple addition of “sexual orientation’ to a long list of protected classes, rightfully so. And long overdue

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