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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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"We've Never Asked for/We Don't Want Protected Class Status" Argument

Now that it has been conclusively demonstrated that gays as an entire class in no way qualify for protected class, "higher scrutiny," minority or ethnic-equivalent status, gay activists are trying to deny that they've ever sought or now desire, such status. They say, "We don't want any of that. We don't want affirmative action or quotas -- we just want to be able to make claims of discrimination based on our sexual orientation."

First, they're lying. A 1991 Colorado Springs proposed "Human Rights Ordinance" employed the term "protected status," and included gays under it, numerous times. The same ordinance draft includes all protected classes in the city's Affirmative Action Plan. A proposed Grand Rapids, Michigan, ordinance asks that city to recognize gays as a "protected class." Denver's recently-passed "gay rights" ordinance refers to gays as "a minority group," together with all classes protected under the ordinance. Boulder, Colorado's "gay rights" ordinance contains a clause clearly allowing the practice of affirmative action for all classes protected under the ordinance. Colorado gays would have been included in a proposed, but defeated "Ethnic Harassment Bill," increasing to felonies penalties against harassment of "ethnic groups," including gays.

On February 19, 1991, the Colorado Civil Rights Commission convened at City Council Chambers in Colorado Springs, Colorado. Among the agenda items for that evening, we read:

"VI.Public Hearing/Audience Participation
"The Commission will take public testimony to assist in determining its position on whether sexual orientation should be a protected class under Colorado civil rights laws. The Commission will consider such information in its support of legislation in the 59th General Assembly (1992)." (emphasis added)
Clearly, the Commission, headed by an individual who at that time served simultaneously as Co-Chairman of Colorado's leading "gay rights" advocacy organization, was considering protected class status for gays on that evening. Only when an anti-"gay rights" group proved, using the arguments developed in this position paper, that gays as an entire class do not qualify for protected class status, did gay activists begin vigorously denying they had ever sought such status.

Second, no persons who are not members of protected classes can make discrimination claims. To claim one doesn't want protected class status but does want to make anti-discrimination claims, or come under anti-discrimination laws is deceptive double- talk. To award any group anti-discrimination protections is to make that group a protected class, whether that status, and its privileges are named in a proposed "gay rights" ordinance or not. This "dodge" holds no water, and gay militants should not be allowed to use it unchallenged.


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copyright © 1995-2008 Leadership U. All rights reserved.
Updated: 13 July 2002