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Special Class Protections for Self-Alleged Gays: A
Question of "Orientation" and Consequences
A public policy analysis
by Tony Marco
Copyright Tony Marco, 1991-1994, all rights
reserved
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Affirmative Action
- While some "gay rights" laws by clear provision include
affirmative action for homosexuals (e.g., a proposed Colorado Springs,
CO, "Human Rights Ordinance", and Boulder, CO's "gay rights" ordinance
both contain, in the opinion of some civil rights authorities, clauses
allowing for affirmative action for gays), implicit affirmative action
obligations have ensued benefiting all previously protected classes
(except religion, because church-state conflicts prohibit) and would
almost certainly arise from "gay rights" laws, when coupled with other
state and federal anti-discrimination statutes. Unquestionably,
granting "sexual orientation" special, protected class status will raise
questions of affirmative action obligations. U.S. Presidential
Executive Order 11246 specifically orders all government agencies and
companies seeking goverment contracts to immediately establish
affirmative action for any non-religious group attached
to the Civil Rights Act of 1964. Gay activists have been attempting to
attach themselves to this act for 20 years. The courts have also
consistently awarded affirmative action to any non-religious group
granted the right to make claims of discrimination. Giving gays that
right would virtually guarantee that they enjoyed affirmative action
remedies.
- On occasion, gay militants have flatly denied that they seek
affirmative action for gays. Other times, gay activists freely admit
they do want affirmative action. In After the
Ball, Kirk and Madsen suggest as part of a "Waging Peace Agenda for
Change Among Straights": "ACTIONS... CURRENT... 10. Rights of gays to
work, shelter, and public accommodations are limited by public
intolerance... PREFERRED... [10.] Gays are assured, by
affirmative action, if necessary, equal opportunity in these
regards" (Op. cit., p. 108, emphasis added).
- Gays have already sought and received affirmative action
recognition, in San Francisco, for instance, where 20% of all city
appointments have been granted to homosexuals, and in Seattle, where the
police department has established hiring quotas for gay officers.
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Leadership U. All rights reserved.
Updated: 13 July 2002
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