Note: Not significantly updated since late April, 2002.
The Morning News Tribune: [these were free on-line for only 30
days, now they require a fee]
Article
on March 5, 2002 about the proposed ordinance.
Editorial
on March 10, 2002 supporting the proposed ordinance.
Article
on March 25, 2002, headed "Anti-bias law for gays debated in Tacoma"
Article
on April 15, 2002, headed "Gay rights proposal returns to Tacoma council"
Article
on April 17, 2002, headed "Tacoma's gay rights issue draws big crowd
to council"
Article
on April 21, 2002, headed "Tacoma council ready to enact gay-rights
law"
Editorial
on April 21, 2002 supporting the ordinance, but with an exemption for
employers of fewer than eight.
American Civil Liberties Union's Lesbian/Gay Rights issues websites:
National: http://www.aclu.org/issues/gay/hmgl.html
Washington State: http://www.aclu-wa.org/issues/lesbiangay/index.html
Other Cities' and Counties' Ordinances:
City of Seattle
Municipal Code:
Ch.
14.04 -- Fair Employment Practices
Sec.14.04.030(F)
defines "discriminate" as including when based on sexual orientation or
gender identity.
Sec.
14.04.185 (added 1999) private judicial remedies to be as expansive
as possible, including damages for humiliation and mental suffering.
Ch.
14.08 -- Unfair Housing Practices (and discrimination by places of
public accommodation)
Sec.14.08.020(G)
defines "discriminate" as including when based on sexual orientation or
gender identity.
Sec.14.08.020(T)
defines "place of public accommodation" to include every business and organization,
it seems.
Sec.
14.08.040 bars discrimination in housing practices and by places of
public accommodation.
City of
Spokane's
Law Against Discrimination
Sec.
01.06.030(C) defines "discriminate" as including when based on sexual
orientation.
Sec.
01.06.030(E) defines "employer" to exclude those with fewer than 8
employees, per RCW
49.60.040(3).
Sec.
01.06.070(A) exempts "when compliance would substantially burden a
person's exercise of religion."
Sec.
01.06.080 bars discriminatory practices by employers, unions, trade
schools, employment agencies, etc.
Sec.
01.06.090 bars discrimination relating to housing or by places of public
accommodation.
City of Olympia
Municipal Code:
Ch.
05.80 -- Unfair Housing Practices (protected classes include sexual
orientation).
Sec.
01.24.010 -- providers of city services may not discriminate
based on sexual orientation.
City of Lacey
Municipal Code: Ch
9.48 -- Unfair Housing Practices (protected classes include sexual
orientation).
City
of Tumwater Municipal Code: Ch.
9.36 -- Unfair Housing Practices (protected classes include sexual
orientation).
City
of Pullman Municipal Code: Ch.
15.04 -- Unfair Housing Practices (protected classes include "sexual
preference")
Ch.
1.14 -- City's Equal Employment Opportunity Policy covers "sexual preference
or orientation."
City of Vancouver
Municipal Code: (reported to have a sexual orientation anti-discrimination
ordinance, but it does not)
Ch.
8.44 -- bars housing discrimination only based on "race, color,
religion, ancestry or national origin."
Sec.
2.45.050 -- bars employment discrimination by the City only
based on "sex, age, race, religion, national origin, handicap or on any
basis prohibited by any law."
City
of Bellingham Municipal Code: (reported to have a sexual
orientation anti-discrimination ordinance, but it does not)
Ch.
10.48 -- bars housing discrimination of 10 protected classes, but not
listing sexual orientation among them.
Title
3 -- Personnel provisions in the Code do not address discrimination.
King County
Code, Title 12:
Chapter
12.18 fair employment by County and private employers (protecting classes
including sexual orientation)
Chapter
12.20 fair housing practices by landlords, brokers, lenders, etc. (includes
sexual orientation)
Chapter
12.22 fair practices by places of public accommodation (protects classes
including sexual orientation)
Thurston
County Code -- On 1/28/2002, the County Commissioners adopted Ordinance
12701 adding a Chapter 10.10 to the Code to outlaw housing discrimination
against any listed protected class, including sexual orientation.
Enforcement is by complaint to the State
Human Rights Commission under RCW Ch. 49.60; but, since the state law
enforced by that agency does not bar discrimination on sexuality factors,
victims of such discrimination (if not satisfied by mediation) may sue
in Thurston County Superior Court for appropriate remedies, including attorney's
fees.
Here's a news story reporting on the adoption of that ordinance.
In addition, the County's Personnel Rules (not in their Code) include an
Equal Employment Opportunity Statement (Ch. Six, Para.1.A.) that its employees
and applicants shall be free from discrimination based on listed protected
classes, including sexual orientation.
Clark
County Code -- the County is reported as having "adopted an anti-discrimination
ordinance," but--
Chapter
2.35 -- the County simply endorses the Federal Fair Housing Act, which
is silent on sexuality discrimination.
Section
2.32.070 -- the County public works director is directed to comply
with federal and state discrimination laws.
Clallam
County's Home Rule Charter was adopted by the County voters in
1976. Its Article X addresses the County's Personnel System and, at Section
10.30, prohibits discrimination against protected classes, including
sexual orientation.
Snohomish
County Code -- at Section
3.57.010 states the County's personnel policy of nondiscrimination
against employees on the basis of protected class status, and includes
(since Jan. 3, 2002) sexual orientation in the listing of protected classes.
List of States, Counties, and Cities showing their varying degrees
of protection from sexuality-based discrimination:
http://www.actwin.com/eatonohio/gay/gayri.htm
(list updated 1/5/02, per its home page)
The ACLU's
website mistakenly reports that "laws protecting lesbians and gay men
against workplace discrimination" exist in Bellingham, Lacey, Olympia,
Pullman, Vancouver, & Thurston County, but they do not.
Tacoma's "fact
sheet" about the proposed ordinance states, "Coverage varies from jurisdiction
to jurisdiction and may include employment, housing and/or public accommodations.".
Only Seattle, Spokane, and King County have ordinances such as that
proposed for Tacoma -- protecting against sexuality discrimination in all
three categories: housing, employment, and places of public accommodation.
Federal Court Decisions:
[NOTE: On 6/26/2003, the U.S. Supreme Court overruled Bowers v. Hardwick and held (6 justices concurring; 3 dissenting), in Lawrence v. Texas,
that each individual's "right to liberty under the Due Process Clause
gives them the full right to engage in private [sexual] conduct without
governmental intervention."]
Bowers
v. Hardwick, (U.S. Supreme Court, 1986, rejected argument that the
U.S. Constitution protects a right to engage privately in homosexual conduct
that was barred by a Georgia criminal law.)
Romer
v. Evans, (U.S. Supreme Court, 1996, invalidated a Colorado statewide
voter initiative that barred local governments from adopting ordinances
that protect people from discrimination based on sexual orientation.)
Schroeder v. Hamilton School
District, (U.S. Seventh Circuit Court of Appeals, March 11, 2002, rejected
a claim by an openly homosexual former teacher that a school district's
responses to the harassment of him by students, parents, and some co-workers
violated his right to equal protection under the Fourteenth Amendment to
the U.S. Constitution.)
State Court Decisions:
City
of Tacoma v. Franciscan Foundation (Wash. Court of Appeals, 1999, holding
that Tacoma's anti-discrimination ordinance cannot be applied to nonprofit
religious or sectarian organizations, and observing (footnote 4) that it
cannot be applied to employers with fewer than eight employees -- because
under RCW
49.60.330, city ordinances may only provide remedies consistent with
RCW Chapter 49.60 for "discrimination prohibited by this chapter."
Since RCW Ch. 49.60 does not prohibit discrimination based on sexual orientation,
would enactment and enforcement of a city ordinance prohibiting such discrimination
withstand a court challenge?)
Washington State Law Against Discrimination: RCW
Chapter 49.60
In November 1997, Washington
State Initiative
No. 677 (Titled: "Shall discrimination based on sexual orientation
be prohibited in employment, employment agency, and union membership practices,
without requiring employee partner benefits or preferential treatment?")
to amend RCW Ch. 49.60 was rejected by the following statewide vote: For
- 666,073 (40.3%); Against - 985,169 (59.7%). The Pierce County vote was:
For - 65,410 (37.5%); Against - 109,249 (62.5%). The City of
Tacoma vote was: For - 18,146 (43.3%); Against - 25,116 (56.7).
[sources: http://www.secstate.wa.gov/elections/initiatives/ and Pierce
County Auditor.]
Information About and Support for Sexual Minorities, their Families
& Friends:
About
Sexual Orientation and Homosexuality, brochure by the American
Psychological Association.
Gay,
Lesbian and Bisexual Issues [PDF,
rev. 5/2000], factsheet by the American
Psychiatric Association.
Accepting
What Cannot Be Changed, an enlightening article by textbook
author Prof. David G. Myers.
The
Homosexuality Debate (A Parent's Perspective), enlightening letter
by devout parents of a gay son.
Parents, Families &
Friends of Lesbians & Gays chapters: Tacoma,
Seattle,
Olympia,
Kitsap,
State,
National
The
Rainbow Center of Pierce County Triangle
Square (hate incident response and other support)
Tacoma
Lesbian Concern
Fairness
Lobby (Wash.State; site has a good page of links)
Human
Rights Campaign and HRC
FamilyNet (National advocacy, education, support)
Gay,
Lesbian, Straight Education Network (National; seeks safe schools
for sexual minorities)
American
Academy of Pediatrics Policy Statement and Technical
Report on adoption by same-sex parents (Feb. 2002).
Facts
About Sexual Orientation (What scientific research teaches us about
sexual minorities.)
Parting Thought: Oskar Schindler was not a Jew. Keep
an open mind, and an open heart.