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Gay/Lesbian Rights Protection in Michigan and across the Nation _WHERE WE STAND

METRA MAGAZINE 6

The State of Michigan Though state laws still on the books are often used against gay people, many localities now provide protection for individuals whose rights are violated because of their sexual orientation. This confusing situation recently resulted in a study by the Michigan Department of Civil Rights which recognized the problem clearly:

(MOHR) The arguments for civil rights protection are thus very clear. However, staff is troubled by the prospect of providing a civil and administrative remedy against discriminatory conduct for acts which are subject to prosecution specifically authorized under Michigan's criminal law. In the event of almost inevitable conflict, the criminal law would supercede the administrative decisions. A recent example came to staff's attention in which a person living in a Michigan city with a gay civil rights ordinance was prosecuted under the gross indecency statute. The result of prosecution is not yet

final, but the person will be forced to seek other employment because of the publicity and because of the criminal record. Many employers might not fire someone because he or she is gay, but do have policies against employment of persons with criminal records. A similar quandry is posed by the state's licensing statutes, where the

good moral character' might not include homosexuals but clearly does include felony convictions.

The staff thus submits that the need for decriminalizing private sexual behavior between consenting adults should be resolved before undertaking civil rights legislation.

Based upon its review of extensive resource materials, and interviews with persons interested in the issue, several conclusions are drawn by department staff

1. The questions of gay rights and treatment is rife with misconceptions, emotionalism and stereotyping.

2. Clearer standards and definitions are needed under present laws determining conduct which is essentially harmful.

3. Decriminalization of sodomy and other sexual behavior between consenting adults should be enacted.

4. Questions of proscribed gay behavior should be couched in terms of sexual behavior, not in terms of homosexual behavior. 5. The Commission and Department should work with groups working for decriminalization forthwith. 6. The Commission and Department should continue to explore with interested groups possible inclusion in civil rights legislation.

7. Additional scientific and data gathering research is needed to fully assess the explanation of sexuality and the extent of problems encountered by gays.

GAY RIGHTS: Two Ways To Go

BY MIKE RAY

As the struggle for gay rights continues across our nation, two primary types of legal results have emerged.

The addition of specific "sexual orientation" protection to existing civil rights ordinances has, in some cases, caused an uproar guaranteed to attract the news media and religious fundamentalists. In specifically stating that "sexual orientation" denotes a characteristic worthy of legal protection, politicians take on one of the hottest potatoes of our time.

Likewise, corporations that have a public "image" they feel they must maintain are often hesitant to make outright policy statements 'that could be construed as being supportive of gay rights. Both politicans and businesses realize

the issue is liable to hurt them no matter which side they might take. Not surprisingly, many corporations avoid taking sides at all, instead adopting comprehensive policies dealing with unfair discrimination on general terms. Simply stated, these employment policies ensure that no factors other than those proven to be job related may beused in determining the eligibility of an individual for employment, promotion, a raise, or any other job related action.

This type of policy neatly sidesteps the thorny question of gay