As the final five days of their 2014 regular session were set to unfold, beginning April 7, it appeared likely that Nebraska’s 49 legislators would make a decision about a serious issue of considerable moral and cultural controversy.
Legislative Bill 485, as originally introduced in January 2013, would add “sexual orientation” to the current codified list of race, color, religion, sex, disability, marital status and national origin as categories on the basis of which any employer decision or judgment deemed to be discriminatory with regard to hiring, discharging, compensation, terms, conditions or privileges of employment would be an unlawful employment practice under the Nebraska Fair Employment Practices Act. It authorizes the state Equal Opportunity Commission to impose fine and penalties for unlawful employment practices by employers of at least 15 employees.
In addition, this legislation would apply the same prohibition to all contractors and subcontractors of the state and local subdivisions of government, regardless of the number of employees. And, it would add “sexual orientation” to the law that directs state government to take affirmative action to provide equal employment opportunity without regard otherwise to race, color, religion, national origin, age, sex, marital status or disability.
A vote switch by Senator Al Davis from Hyannis resulted in the bill being advanced to the full Legislature by the Judiciary Committee. The vote was 5-3. Senator Davis, who had voted against advancing the bill on a previous occasion, joined Omaha Senators Brad Ashford, Ernie Chambers and Steve Lathrop and Lincoln Senator Amanda McGill in supporting a motion to advance the bill on a re-vote. Senators Colby Coash from Lincoln, Mark Christensen from Imperial and Les Seiler from Hastings held firm against the motion to advance.
In advancing the bill to the full Legislature for floor debate, the five-member majority of the Judiciary Committee also decided to recommend an amendment that would add “gender identity” as well, as a separate and distinct, protected category. The amendment defines “gender identity” as “the actual or perceived appearance, expression, identity, or behavior of an individual, whether or not that appearance, expression, identity, or behavior is different from the individual’s assigned sex at birth.”
Since the primary introducer of LB 485, Senator Danielle Conrad from Lincoln, had already designated it as her priority bill for the 2014 session, it appeared likely that the fate of LB 485, including the broadening amendment, would be debated and determined by the Legislature during the last five days of the session. Opponents of the proposed change in public policy might seek to take time on numerous amendments and motions.
The Nebraska Catholic Conference, through which the diocesan bishops serving in Nebraska—Archbishop George Lucas of Omaha, Bishop James Conley of Lincoln and Bishop William Dendinger of Grand Island—act cooperatively on matters involving public policy, is opposed to LB 485. The proposed law to prohibit and punish discrimination based on “sexual orientation” (“actual or perceived homosexuality, heterosexuality or bisexuality”) extends well beyond discrimination based on any employer’s mere belief that any applicant or employee is sexually attracted to persons of the same sex. It extends legal protection and state governmental affirmation to public activities intended to endorse, promote and facilitate sexual conduct (i.e., lifestyle activities) outside of marriage between a man and a woman. Employers who, because of their religious and/or moral convictions, do not wish to accept or affirm lifestyles that involve sexual conduct outside of marriage between a man and a woman would be subject to state-imposed penalties for claims of discrimination.
These impacts would be similar and unavoidable regarding the separate and distinct category proposed as “gender identity” by the committee amendment. The practical implications invite litigation.
That LB 485 would not be sound public policy is further underscored by the reality that empirically reliable evidence of either pervasive discrimination or economic disadvantage is lacking, leading to a fair conclusion that this legislation is not driven by need, but by an ideological, political, cultural agenda that seeks to redefine sexual relationships and marriage.
More information about LB 485 is available on the Nebraska Catholic Conference website, www.nebcathcon.org. This includes information on how to contact state legislators to urge them to vote against enactment of the legislation. Responsive action from the grassroots is the key to the outcome of this legislation in the few remaining days of the session.
On another matter, the Legislature was poised to pass both LB 907 and LB 999, as part of an initial effort to address an increasingly serious problem of prison overcrowding. Nebraska’s correctional system, which includes nine facilities, is currently populated at 155 percent of design capacity, including four facilities that are more than 80 percent above capacity. This situation is on the cusp of causing civil-rights lawsuits as well as federal intervention.
LB 907 includes measures that would re-establish vocational and life-skills-training programs in prison setting, expand statewide an intensive probation program for felony drug offenders, expand services for mentally ill inmates and those being released from prison and create a state prison-reform task force to work with the Council of State Governments.
LB 999 will authorize and fund a study to determine the feasibility of using a building at the former Hastings Regional Center as a facility to house inmates with diagnosed mental illnesses.
