NANCY HICKS/ Lincoln Journal Star | Posted: Wednesday, May 25, 2005 7:00 pm
Language prohibiting discrimination based on sexual orientation at four state research institutions will likely become law after senators gave 25-11 second-round approval to the proposal Thursday.
The language, offered by Omaha Sen. Ernie Chambers, applies only to the four institutions receiving research grants from the federal tobacco settlement money the University of Nebraska-Lincoln, the NU Medical Center, Creighton University and Boys Town National Research Hospital. It became part of a state budget bill (LB426).
But a broader sexual orientation related proposal, which would apply to all of state government, fell one vote short of becoming part of a state budget bill Wednesday.
Lincoln Sen. Mike Foley, who opposed both proposals, said the issue had little to do with discrimination. The movement to add sexual orientation language to state law is an attempt to advance an agenda, to gain greater public acceptance of homosexual conduct, he said.
Foley pointed out that one of his favorite songs, "Norma Jean," is recorded by Elton John, who is a homosexual involved in a relationship with another man.
Although Foley likes Elton John's music, the senator believes that "homosexual conduct is wrong. And it's OK to think that it is wrong. And it is OK to say that it is wrong.
"We don't need this amendment. We don't need that agenda," Foley said.
But Sen. Ray Aguilar of Grand Island, the only Hispanic legislator, said the bill is not about an agenda, but about real discrimination.
"Discrimination of all kinds exist," he said.
The amendment affecting the four research institutions puts sexual orientation language into state law for the second time. The state's hate crime law also covers sexual orientation.
In addition, the Nebraska Supreme Court prohibits judges and others in the courtroom from reflecting any bias relating to sexual orientation in its Code of Judicial Conduct, Chambers said.
The prohibition affecting the four institutions was a reaffirmation of a vote taken several weeks ago when senators attached the proposal to a bill dealing with tobacco settlement funding only.
Because of technical issues, that bill is no longer necessary. So Chambers asked that similar language, prohibiting discrimination based on sexual orientation at the four institutions, be added to a budget bill. That bill, necessary to the state budget plan, is expected to pass the third and final vote.
Leaders at the four institutions have said they do not object to putting the anti-discrimination language into state law because discrimination is already banned by agency policy.
However, senators rejected a broader proposal, crafted by Lincoln Sen. David Landis, and based on language often used by those who oppose anti-discrimination proposals that sexual orientation should be irrelevant in the job arena.
The Landis measure said that sexual orientation would be "irrelevant" in personnel matters and should not be used as criteria for hiring, firing, promotion, demotion or other personnel matters in state agencies. The amendment did not use the word "discrimination."
The language puts into law what many people say that employees should be judged on their performance, Landis said.
"The truth of the matter is it (sexual orientation) should be relevant in a hiring situation," said Sen. Pam Redfield of Omaha. "I think you are getting at the heart of the matter here. It is irrelevant in most situations whether the orientation is heterosexual or homosexual."
Opponents worried that the sexual orientation language would be used by disgruntled former employees in lawsuits.
Sexual orientation is irrelevant, said Sen. Phil Erdman. "It flat out is. You are making it an issue (with the proposal). You will give individuals the opportunity to use other reasons to get out of being fired."
Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.