Thank-you for contacting me and your interest in adding sexual orientation,
Gender Identity to the Idaho Human Rights act. I had approximately 2,500
e-mails or letters or phone calls regarding this legislation.
After 22 hours of testimony and deliberation,
House Bill 2 in the House State Affairs Committee was defeated by a vote of
13-4. Though the bill is dead that would add Sexual orientation, gender
identity to the Idaho Human Rights Act, the issue is not. As legislators,
other elected officials, and citizens of Idaho, we must not turn our backs to
these people who are crying out for relief. Their burden is heavy; they are
being discriminated against – sometimes maliciously and sometimes
inadvertently.
I wish every Idahoan could have listened to the
testimony, especially every employer and landlord; it was enlightening and
compelling. Society and I have come a long way in the last 5 years in accepting
that gay and lesbian orientation is not always a choice but how they were
created. After realizing their genetic attractions are opposite their physical
characteristics, that person recognizes they are gay or lesbian. There is too
much evidence and testimony to refute this. Some confide in family or friends
and eventually “come out”. Others question and suffer, even taking their own
life.
While a person doesn’t have a choice as to who
they are, all have a responsibility to act in society so as not to discriminate
against others right of choice, both religiously and in business
practices.
If HB2 or similarly worded legislation were
passed, hundreds of thousands of private business owners and citizens would be
concerned that they would be forced to perform service contrary to their
religious belief or conscience. Can a court differentiate between religious
belief and conscience?
Examples of three conflicts: the florist in
Washington, the photographer in New Mexico, and the wedding cake baker in
Colorado. All were sued, fined or told by a court that they had no right to
withhold their service at Gay or Lesbian weddings even when service was
available from other providers.
The individual in Washington who admits being
born a man and exercises his legal right to be in the locker room at Evergreen
State College while the girls high school swim team from Olympic School District
are dressing is not acceptable behavior regardless of the number of laws to
protect his being there.
Passing HB2 would create a barrier between the
LGBT community and the “straight” community and would reverse acceptance and be
a step backwards.
Several Idaho cities, including Pocatello have
passed antidiscrimination ordinances. The repeal attempt in Pocatello was
nearly successful and likely would have occurred had the rural communities been
included in the vote.
Giving protection to gays and lesbians cannot be
equated with passage of the civil rights act. Blacks are a race of people
brought here against their will.
The statement of the Church of Jesus Christ of
Latter Day Saints, released midway through the hearing in Idaho gives clarity to
the LDS position: giving protections to LGBT people for housing, employment and
some other areas while ensuring that religious freedom is not compromised. The
“some other area” is where definition is not yet clear.
Behavior is difficult to legislate, but we must reach out to
these people in their suffering. I am convinced that further legislation will
be forthcoming, preferably this session, but likely not. Careful wording is
imperative to protect all concerned.
While society has a responsibility to be
compassionate, individuals with gay and lesbian gender have a responsibility as
well, to control their behavior and live within the norms of a moral
society.
Being a bible believing Christian I cannot
condone immoral behavior or same sex marriage, however, I will defend the right
of others to make that choice and provide protections for necessary and
reasonable accommodations while providing protection to those who, because of
religious belief and conscious choose to withhold service.
I am convinced that tolerance and compassion will
achieve more than legislation. We all have a responsibility to be considerate
and understanding.
As Idahoans, we can do it – and we
must.
Rep. Ken Andrus
