Vol. 3 A Publication of the G.E.A.R. Foundation Issue

HIGH GEAR

1976 GEAR

THE COLUMBUS GAY RALLY

By John Nosek

COLUMBUS (Labor Day, September 6, 1976) Over three hundred women and men participated today in a rally which many hope will become an annual state-wide event. Organized by the Central Ohio Lesbians, the public show of gay strength sported some who wore colorful masks disclosing their identities; but, the overwhelming majority of those attending bared proud faces.

Interestingly, the rally was less a march than a communion of spirits. Few chants were heard; yet the applause and cheers in response to the invited

speakers were deafening. Marilyn Bufton of C.O.L. acted as moderator and shortly after the scheduled 2 p.m. commencement introduced Lou Jacobs of the American Civil Liberties Union.

infor-

Jacobs delivered an mative and educational address primarily focusing on the topic of gays and their jobs. He pointed first to the existing limited sources of protection afforded gays. Among them are the right to free association, the due process clauses in the fifth and fourteenth amendments which state plainly no person shall be deprived of life, liberty and property without due process of the law, the right to privacy, and the court rulings and legal statutes which have proclaimed that just because you don't "like" a person is no grounds for employment discrimination.

Although these basic rights are in theory available to all Americans, Jacobs illustrated that the military exhibits a double standard. Sgt. Leonard Matlovich, for instance, was dismissed because gays allegedly are not viable candidates for combat readiness, because of questions of blackmail and national security (which seem absurd when one realizes this is irrelevant for those out of the closet), because there would be "problems" with enlisting new recruits (the archaic "bad influence" syndrome), and because permitting open gays to voice their sexual orientation "would impede efficiency and discipline."

Fortunately, the Civil Service Commission has evolved to a

position where there exists a feeling that for federal jobs outside of the military "persons cannot be disqualified from employment solely on the basis of homosexual conduct." There is, however, absolutely no protection for gays employed by private enterprise.

According to Jacobs, under the equal protection clause of the fourteenth amendment, the government cannot take two classes and treat one differently from the other without extensive justification. Sadly, to date the courts have ruled job protection against discrimination due to sex means gender, not sexual orientation and have implied that the Bible's notion of homosexuality abomination is as good as law (A direct violation of the separation of church and state). In their inverted logic the justices also are quick to refer to the sodomy statutes of 2/3 of the nation's states (Ohio, thankfully, is not one of them) as reason to treat gays with a separate iron hand.

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As a result, because both male and female homosexuals are denied equal protection under the law, there is "no discrimination." Despite the arguments that gay people are entitled to the same rights as all Americans, that gay people. are

GAU A EMPLOYMENT RIGHTS

of

victims historic discrimination, objects of irrational stereotypes, and have been excluded from the political process, until we raise our voices to such a pitch that we cannot be ignored, these obsolete attitudes will prevail. As Jacobs said, in quoting a gay author, "There really is no gay problem. There is a heterosexual problem."

It is for these reasons, he stressed, efforts toward the enactment of the Bella-Abzug sponsored bill HR 5452 (Amendment to Title 7 of the Civil Rights Act of 1967) and state-wide comprehensive gay rights bills are imperative.

Jacobs also suggested other channels. One that many gay activists have not yet utilizied is the National Labor Relations Act which governs unions and employers. By law, unions have the duty of fair representation of all members (gays notwithstanding). Jacobs urged gay people who are union members to use collective bargaining as a tool toward the attainment of gay rights.

The ACLU representative then provided some helpful hints on job hunting. On the question of disclosure for public employment. Jacobs said that the courts often look to the concluding "signature of truth"

which affirms one's entire job application as valid. If a gay person wishes to sue the state for deprivation of employment at a later date, s/he must indicate activities in gay organizations or gay lifestyles on his/her application to make a case.

Secondly, the strongest employment rights argument gays presently have working in their behalf is that their sexual orientation does not in any way infringe upon the quality of their work. In essence, it will be in one's favor within any job to build up job performance, general qualifications, etc. A record of high ratings, promotions and quality production will inevitably be looked at in a positive manner by the courts.

After Lou Jacobs, the sundrenched afternoon crowd tuned into the former President o fht Columbus Gay Activists Alliance who is now ad ad-

ministrative assistant to two representatives in the Ohio statehouse. The Former president urged gays to lobby for a state-wide rights bill: "If an interest like the Ohio Automobile Association can come up with the lobbysists and lawyers for their cause, and. those fighting high utility costs can do the same, surely gay. people can mobilize themselves

to tell the legislators what is on their minds." Information was presented that there are two legislators interested in sponsoring and/or supporting gay rights legislation, but are hesitant, as there is "no interest from the gay constituency."

The highlight of the day's fare arrived in a rousing battle cry by Virginia Apuzzo who coordinated the gay lobby effort of the Democratic National Platform Committee and coordinated the communications suite at the Statler-Hilton. Said Ms. Apuzzo: "I'm here as a symbol of all gay people across the country who are with you here in Columbus in spirit... Two hundred years of gay oppression in this country is about enough. In this Bicentennial we 20 million Americans still represent the original colonists. Taxation without representation is still tyranny!"

Apuzzo stressed that there are fundamental human rights we shouldn't have to fight for: "The very fact that a reporter from the local straight media asked me how I am oppressed is an indication of the oppression that continues to plague us."

Quoting Janis Joplin, the former social studies teacher asked, "Now that we're here, where are we?" She offered: "We are about halfway through a revolution. Some of us are

tired, others say our direction is blurred. Some of us say we've achieved enough. But no, that is not the case. Lingering now will only prove lethal. If we stop, we

go backward."

but

Apuzzo made clear that the New York gay community (where she is from) does not have all the answers; but she gave information on the New York State Coalition of Gay Organizations which is a loose confederation of all that state's groups. Each organization keeps its autonomy NYSCGO as a whole is able to provide for individual lobbyists in Albany, maintains statewide communication and allows for the mobilization of large numbers of people. NYSCGO also works on state licensing and certification for such diverse occupations as dentists,

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