After nearly 30 years of effort by many organizations and individuals, the Washington State Legislature on January 27 passed ESHB 2661. This legislation updated our state's law against discrimination to prohibit discrimination on the basis of sexual orientation in employment, housing, public accommodations, and real estate, credit, insurance and commercial transactions. The underlying law, originally adopted in 1949, already prohibited discrimination based on race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a disabled person.
The ink from the Governor's signature was not yet dry before a referendum, R-65, was filed by Tim Eyman to repeal the law.1 If the referendum were to result in a vote to reject the law, it would once again be legal in our state to fire someone, deny him or her housing or refuse an application for a mortgage simply because of the person's sexual orientation.
Just as protections based on sex protect both men and women, and the other enumerated classes result in equal protection from discrimination for everyone, the sexual orientation amendment protects all persons, whether heterosexual, lesbian, gay, bisexual or transgender.
The inclusion in Washington's Law Against Discrimination of protection from discrimination based on sexual orientation was the result of broad-based, bipartisan support from many individuals, businesses, labor, and civic and religious organizations, who agree that we all deserve equal opportunities in employment, housing and lending and that people should be judged on the quality of their work, not on their sexual orientation.
Businesses in particular understand that the economy does better when they thrive, and that they thrive when they can recruit and retain a diverse and respectful work force. Many businesses have long since adopted non-discrimination policies for their workplaces, as they came to recognize that it should not be legal to fire someone simply for being a gay, lesbian, bisexual or transgender person.
Business leaders know that Washington cannot afford to lose its edge in technical knowledge in the current global economy. Our ability to attract people to live and work here, and who may come from other parts of the United States and the world, is a foundation of that competitiveness.
As Richard Florida said in last month's Washington Monthly article, "The Rise of the Creative Class, Why cities without gays and rock bands are losing the economic development race," thriving technology and innovation are supported by diversity. "Cities and regions that attract lots of creative talent are also those with greater diversity and higher levels of quality of place . . . . Talented people seek an environment open to differences. Many highly creative people, regardless of ethnic background or sexual orientation, grew up feeling like outsiders, different in some way from most of their schoolmates. When they are sizing up a new company and community, acceptance of diversity and of gays in particular is a sign that reads Ônon-standard people welcome here.' In sum, fairness is good business, as well as good public policy."
Many of us believe that the civil rights of LGBT persons have been used as a political football for far too long. We go to work each and every day as journalists and judges, as nurses and firefighters, entrusted to protect the rights and freedoms of others, yet not entrusted with many of those rights and freedoms ourselves. We know the vast majority of Washingtonians believe in equality and justice, for their own sons and daughters, friends, neighbors and colleagues.
As the Yakima Herald put it, "What Senate Bill 2661 does do is extend to sexual orientation the same protection against discrimination now afforded other groups of people in state law. If there's anything worrisome about the legislation approved by the Legislature and signed by Gov. Chris Gregoire, it's that it has taken so long to extend this simple act of fairness to people too often denied it."
To stop those opposed to protecting people against discrimination based on sexual orientation from repealing the law, we have formed Washington Won't Discriminate, a statewide campaign to retain the law. Washington Won't Dis-criminate has been endorsed by thousands of individuals, businesses, and religious and community-based organizations who have come together to protect the rights of all Washingtonians.
As of early May, the campaign had already been endorsed by many organizations, including the Religious Coalition for Equality, the Washington Association of Churches, the Anti-Defamation League, the National Council of Jewish Women (Seattle), St. Mark's Cathedral, Pride Foundation, Equal Rights Washington, PFLAG (Olympia), the ACLU of Washington, the National Organization for Women (Washington), the King County Democrats and the Northwest Women's Law Center. Additionally, thousands of Washington citizens - gay and straight, young and old, from business owners and ministers to soccer moms - have signed on to say "No" to discrimination and "Yes" to equality.
To view this growing list of supporters, and to add your name, visit our Web site: www.washingtonwontdiscriminate.org.
If Referendum 65 makes it onto the ballot, there must be a vote to approve in order to retain the law. On a referendum, instead of voting "yes" or "no," as voters are used to doing with initiatives, voters are instead asked whether they want to approve (retain) or reject (repeal) a law. In this case, if enough signatures are collected, voters will be asked whether they want to retain or repeal ESHB 2661.2
For now, the message is simply this: This measure would mean some people will no longer have protection from discrimination. If you support fairness, let's make sure to keep the law that protects everyone equally.
Having to wage a campaign means time away from our families and spending money that could be better spent on so many needs in our communities. But we must not let anyone take away the rights of others.
The King County Bar Association has long supported civil rights for all members of our community, including gays and lesbians. Recently, the KCBA took a strong stand in favor of civil marriage equality for same-sex couples. It is within this progressive tradition that we ask KCBA members to endorse Washington Won't Discriminate and the retention of the non-discrimination law.
Thank you for your support.
Anne Levinson is the chair of Washington Won't Discriminate. She is a former judge, deputy mayor of Seattle and chairwoman of the Washington Utilities and Transportation Commission.
Editor's note: On May 23, the KCBA Board of Trustees unanimously endorsed the efforts of Washington Won't Discriminate.
1 Eyman also filed a second "partial" referendum, R-66, and an initiative, I-949. Both were withdrawn in late May. See http://www.secstate.wa.gov/elections/ initiatives/people.aspx and http://www.secstate.wa. gov/elections/initiatives/referendum2.aspx.
2 Referenda and initiatives can be submitted to the Legislature or directly to the people, as this one is. For a referendum measure to qualify for the ballot, 112,440 signatures (4 percent of the total vote count in the last gubernatorial election) must be turned in within 90 days of the final adjournment of the legislative session. The final day of the session was March 9, so signatures for the referendum are due by June 6.
