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April 24, 2009

GAY PEOPLE'S CHRONICLE

3

Single bill aims to cover 12 areas of LGBT discrimination

by Eric Resnick

Miami Beach Two gay philanthropists have proposed a single bill to address a dozen different areas where LGBT people face discrimination, rather than go at each one piecemeal.

Launched online last month, the measure covers issues from civil marriage to hate crime, including employment, housing, public accommodation, public facilities, credit, federally funded programs and activities, education, disability, armed forces and immigration.

Many of these issues are presently the focus of individual bills that have been proposed or introduced in Congress. Some of these have been around for decades.

The new proposal has the attention of a House member, but has drawn the ire of activists who say it will be slower to pass than going for each protection separately.

Ken and Juan Ahonen-Jover of Miami Beach founded eQualityGiving.org. Their new idea is called the Equality and Religious Freedom Act, also known as the "omnibus equality bill."

They may have found an ally in Rep. Jared Polis, who is considering introducing it.

Polis, a Democrat from Boulder, Colorado, became the third openly gay or lesbian person in Congress when he was elected last November.

The omnibus bill has drawn criticism from established LGBT advocacy organizations, constitutional lawyers and political scientists. But it is picking up other supporters, largely because of the couple's financial ability to promote it.

According to the Ahonen-Jovers, an omnibus bill has two major benefits: It points out exactly where LGBT Americans are not treated equally under the law, and it provides a standard to which incremental victories can be compared. That aspect is not controversial. What is controversial is how the omnibus proposal attempts to do that.

The proposal would affect 11 federal laws. It would repeal the 1996 "defense of marriage" act and 1993's "don't ask don't tell," and amend the Civil Service Reform Act of 1978, the Elementary and Secondary Education Act of 1965, the Immigration and Nationalization Act, and most controversially, the Civil Rights Act of 1964.

"We have tried incrementalism at the federal level for LGBT equality for 35 years without any results," the couple wrote on the LGBT site Bilerico.com. "Now is the best time to capitalize on the energy of new leadership and propose what we think change looks like."

The couple counters critics who say their bill is too big and too complex by saying, “The

country voted for a new leader who promised major changes to the way our government functions."

Currently, Congress is considering a hate crime bill, one to repeal "don't ask don't tell" and changes to the Immigration and Nationalization Act. More LGBT equality measures are expected later this year, including the Employment Non-Discrimination Act.

However, Congress has never passed a right, benefit or protection for LGBT Americans. Backers of the omnibus bill say this shows a failed strategy.

Matt Coles, who heads the American Civil Liberties Union's Lesbian, Gay, Bisexual, Transgender and AIDS Project criticized the proposal during an April 16 speech at Ohio State University, and later in a separate interview.

Coles said the omnibus bill is not thoughtful, and that attempting to pass everything at once will take longer than passing separate pieces of legislation.

"It won't go anywhere," said Coles of the proposal.

Coles said there will be resistance to opening up major civil rights legislation like the Civil Rights Act and the Fair Housing Act for changes.

"You just don't fool with civil rights laws," said Coles, adding that suggesting it would drive away political allies.

"There's a reason why the Americans with Disabilities Act passed separately instead of as an amendment to Title VII of the Civil Rights Act," Coles said. "You don't tinker."

The Employment Non-Discrimination Act, like the disabilities act, does not amend the 1964 law.

Coles' larger point, though, is that change is only sustainable when the public accepts it. "Think Roe v. Wade," Coles said.

"It's a mistake to think about federal solutions to civil rights issues," he added. "Congress only moves after about half the states have already done it. That's why it is most likely that ENDA will pass soon now that over half the population is already covered by employment non-discrimination laws."

Twenty states have such measures, although Ohio doesn't.

Coles said the omnibus approach ignores how every civil rights law in American history has been passed, which has been to start where change has been easier, building support and laying the foundation for fights where it is more difficult.

The Omnibus Equality Bill proposal is online at www.equalitygiving.org/Blueprint-for-

LGBT-Equality

CKO

Come on out for the show-show

BRIAN DEWITT

CKP

The Cleveland Kings and Girls perform to Wham's song "Wake Me Up Before You Go-Go" at the 2008 Cleveland Pride Festival.

This year, however, the troupe's Pride celebrations are starting early.

On Wednesday, April 29, they're doing a special Pride benefit show, "The Best of Broadway," featuring raffles, prizes, and a King auction.

The show will feature an evening of show tunes performed on the stage at Bounce and Union Station, 2814 Detroit Avenue.

The show presents an interesting gender switch, since showtunes are usually the domain of gay men and drag queen shows. The Cleveland Kings and Girls, however, are up to the challenge, especially on their home turf.

The 18-and-over show starts at 11 pm, and there is no cover. For more information, go to www.clevelandcocktails.com or www.myspace.com/clevelandkings_girls.

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