We all deserve protection from discrimination

MICHIANA POINT OF VIEW

By CATHERINE PITTMAN
2/13/05

We are members of South Bend Equality, a group of concerned citizens -- women and men, young and old, straight, gay, lesbian, and transgendered.

You know us from your neighborhoods, churches, offices, local businesses, schools, and civic organizations. We have joined together in cooperation and community to extend the protection of the law to all citizens, so that no one can be harassed or mistreated in our community without legal recourse.

We hope to accomplish the passage of an amendment to the South Bend Human Rights Ordinance that would allow people in South Bend to seek assistance if they have been discriminated against on the basis of their gender identity or sexual orientation, in housing, employment, education or public accommodations. At the present time, there is no legal way to address such discrimination in the city of South Bend.

The South Bend Human Rights Commission has asked the Common Council "to explore, investigate, and determine the degree to which gay, lesbian, bisexual and transgendered persons (GLBT) have been treated adversely within the city" and, if such discrimination exists, "to create an appropriate remedy." We applaud the commission for expressing its concern about GLBT individuals and we are working to assist the Common Council in this investigation. Since last summer, our goal has been to document discrimination against GLBT individuals in our community.

In our efforts, we have learned a great deal. First, we have documented evidence that unfair treatment does occur in this community. Individuals have not been promoted, have been fired, have been denied the opportunity to rent or purchase a home, and have faced harassment at school or in their neighborhoods.

Second, we have learned that many of our GLBT friends are reluctant to speak up about the discrimination that they experience because they are afraid. They fear they will lose their jobs, that they will be harassed in their neighborhood, or that their children will be mistreated. They know that it is not illegal for them to be fired or evicted because of their gender identity or sexual orientation. These individuals, law-abiding people who contribute to our community, are afraid to seek assistance.

GLBT individuals are not the only ones in our community who face discrimination, but they are without any means of making a complaint about this treatment, because such discrimination is not prohibited. Yet, when seeking to include sexual orientation and gender identity to South Bend's anti-discrimination ordinance, we have been accused of seeking special rights for these individuals.

We do not ask for special rights. We ask for the same rights that all citizens should have: The right to live and work in this community, and to be judged by our actions in the community, not by the way we look, or the individual we love.
The opposition that we face is not simply intolerance, but blatant disregard for human rights. In a Dec. 1 Michiana Point of View, Thomas Eubbing charitably wrote "gays are first and foremost human beings, and need to live and work somewhere," and we agree. But then Eubbing argued that he opposes making a change to the anti-discrimination ordinance, stating "it is my opinion that homosexual sex is intrinsically immoral."

Eubbing expects people to live up to his definition of morality if they are to be given a job or a place to live. He wants to protect himself and others "from the negative influence or risk of danger posed to children by open homosexuals."
Judging a person in this way is clearly based on prejudice and unfounded fear. No evidence exists that a gay individual poses any more danger to a child than a heterosexual individual. Moreover, many heterosexual persons in our communities engage in sexual behavior considered immoral by some individuals, but this does not justify denying those individuals jobs or homes.

Since 1973, researchers and medical and psychological professionals have stated that homosexuality is not a mental disorder, and the American Psychiatric Association's position is that "homosexuality per se implies no impairment in judgment, stability, reliability, or general social or vocational capabilities," and, further, that an individual's sexual orientation cannot be changed.

What the APA clearly recognizes, however, is that homosexuals face prejudice and hate crimes at a level that ranks them among the most stigmatized groups in the nation. Adolescents suspected of being lesbian or gay are taunted and harassed in school settings, and many gay and lesbian employees in a variety of occupations are fearful of identifying as gay in their work settings. These facts about discrimination are not in dispute.

Some individuals will try to change the focus from discrimination to gay marriage, attempting to cloud the issue and to raise unrelated concerns. We wish to emphasize that amending the city's anti-discrimination ordinance to prohibit discrimination against GLBT individuals will not have any effect on state laws regarding marriage. Neither will faith-based institutions be forced to hire specific individuals because exceptions (to protect religious freedom) are made for educational or charitable institutions owned by or affiliated with a church or religious institution. The focus here is on the general community. The question is simply "Should GLBT individuals have access to a remedy if they face discrimination in housing, employment, education, or access to public accommodations?"

In "The Rise of the Creative Class,'' Richard Florida reports that areas with acceptance of gays tend to have higher rates of innovation and economic growth. We want our city to be a 21st century community that moves beyond unfair discrimination. We don't want to continue to lose talented and diverse individuals (gay or straight) who would contribute to our community. We encourage you to join with us in supporting an amendment to the ordinance. You can e-mail South Bend Equality at info@sbequality.org.

Assisting Catherine Pittman in the writing of this essay were South Bend Equality members Nancy and Hank Mascotte, Martha Carroll, Gail McGuire, P. Taylor, and Elizabeth Karle.