US: Hawaii Governor Vetoes LGBT Civil Rights Bills

Mixed results on HI anti-discrimination bill
Larry Buhl, PlanetOut Network
Wednesday, July 13, 2005 / 04:58 PM

SUMMARY: Hawaii's governor let pass a bill adding gender identity to the state's anti-discrimination in housing law, but vetoed a bill adding the same protections in the workplace.


Hawaii's governor this week allowed a bill adding gender identity to the state's existing anti-discrimination in housing law to pass without her signature. However, she vetoed a bill adding the same protections to Hawaii's workplace-discrimination law. Despite passing it by large margins, the legislature took no action to override the vetoed bill.

Bill HB1450 proposed to add the words "including gender identity or expression," to both employment discrimination and housing discrimination laws in Hawaii. Governor Linda Lingle (R-HI), who is up for re-election next year, stated that adding such wording to the existing workplace law would "result in controversy and unwarranted lawsuits."

However, the goal of the new wording was the exact opposite of Governor Lingle's reasoning, according to William Hoshijo, executive director of the Hawaii Civil Rights Commission.

"In enforcing the current law, our position is that gender identity is already included, under 'sex,'" Hoshijo told the PlanetOut Network. "But we wanted the legislature to clarify that, to prevent unnecessary litigation."

A spokesman from the governor's office said that Lingle vetoed the addition to the employment discrimination law because of the vagueness of the language, but did not explain why the same wording was acceptable for the housing discrimination law.

"This is ludicrous," said Martin Rice, legislative chair for the Civil Union/Civil Rights Movement of Hawaii. "The governor allowed the exact same wording to be allowed in an amendment to the state hate crimes law two years ago," he told the PlanetOut Network. "She is clearly caving in to business demands."

The argument that new anti-discrimination legislation will lead to new lawsuits is used often by conservative lawmakers, but it doesn't really hold up, according to Carrie Evans, state legislative director for the Human Rights Campaign.

"Clarifying the law helps employers," Evans told the PlanetOut Network. "We keep hearing the same thing [from lawmakers], that new legislation will increase litigation -- but in the states that have laws protecting gender identity and discrimination we have seen no evidence of this."

Vagueness in the law actually increases litigation, Evans argued, pointing to a case pending in the Hawaii Supreme Court that seeks to clarify whether state law really does protect transgender people.

Countering the oft-heard rationale that adding new protections encourages frivolous lawsuits, Evans emphasized that typically a person claiming discrimination must get permission from a state's human rights commission in order to sue. "That's already a pretty big deterrent for people who want to go to court."

Hoshijo said that the largest number of complaints his commission receives are related to sex discrimination. Of those, however, only a relatively small number relate to gender identity and expression.

Despite the limited number of people affected by the veto, HRC President Joe Solmonese urged the governor to protect all Hawaii residents.

"By allowing housing discrimination protections to become law, Governor Lingle recognizes that discrimination is bad for Hawaii, said Solmonese in a prepared statement.

"She should follow her constituents, the legislature and businesses who know workplace protections are just as crucial."

Ten states protect against workplace discrimination based on both sexual orientation and gender identity and expression. Six additional states, including Hawaii, have sexual orientation-based protections.


Hawaii Governor Vetoes LGBT Civil Rights Bills
by 365Gay.com Newscenter Staff
Posted: July 13, 2005 2:00 pm ET

(Honolulu, Hawaii) Hawaii Gov. Linda Lingle has vetoed two LGBT civil rights bills passed by the legislature and allowed a third to go into effect without her signature.

The two bills vetoed by Lingle would have added protections based on gender identity and expression to the state's employment discrimination law. Despite passing the bill by large margins, the legislature took no action to override the veto before adjourning for the summer.

The Governor did allow a bill prohibiting discrimination in housing discrimination based on sexual orientation and gender identity and expression to become law without her signature.

Lingle said that the bill to prohibit discrimination in housing was ambiguous and vague, but did not move to block it.

The rejection of the transgender bills prompted about 20 members of Kulia Na Mamo, a transgender support group to stage a noisy demonstration near the capitol, and drew criticism from the nation's largest LGBT rights group.

"No one should be fired simply for who they are," said Human Rights Campaign President Joe Solmonese from Washington.

"Employment protections increase business productivity and ensure that employees are evaluated on their work, not their gender identity."

Ten states protect against workplace discrimination based on both sexual orientation and gender identity and expression and six additional states have sexual orientation-based protections.

"By allowing housing discrimination protections to become law, Governor Lingle recognizes that discrimination is bad for Hawaii," said Solmonese. "She should follow her constituents, the legislature and businesses who know workplace protections are just as critical."


July 13, 2005
Hawaii bans some discrimination based on sexual orientation - AP

A new law prohibits Hawaii's landlords from discriminating against gay men, lesbians, or transsexuals. Gov. Linda Lingle signed the measure into law Monday. The measure amends existing law to include sexual orientation and gender identity among the criteria that can't be used as the basis for denying housing. The amendments exempt housing owned and operated by religious institutions for church purposes or for church-run higher education housing programs.

Another bill passed by lawmakers that would have included gender identity as a protected category to a law banning discrimination in the workplace was vetoed by the governor. In her veto message the governor said the language of the measure was not clear enough in defining gender identity. (AP)

For Immediate Release:
Wednesday, July 13, 2005
HAWAII GOVERNOR SHOULD PROTECT ALL HAWAIIANS
‘No one should be fired simply for who they are,’ said HRC President Joe Solmonese. - Human Rights Campaign

WASHINGTON — Hawaii’s Gov. Linda Lingle vetoed a bill this week that would have added protections based on gender identity and expression to the state’s employment discrimination law. Despite passing the bill by large margins, the Legislature took no action to override the veto.

“No one should be fired simply for who they are,” said HRC President Joe Solmonese. “Employment protections increase business productivity and ensure that employees are evaluated on their work, not their gender identity.”

The governor did allow a bill prohibiting discrimination in housing discrimination based on sexual orientation and gender identity and expression to become law without her signature.

“By allowing housing discrimination protections to become law, Governor Lingle recognizes that discrimination is bad for Hawaii,” said Solmonese. “She should follow her constituents, the Legislature and businesses who know workplace protections are just as critical.”

Ten states protect against workplace discrimination based on both sexual orientation and gender identity and expression and six additional states have sexual orientation-based protections.

“The American people don’t care whether the person who cures cancer or saves them from a fire is transgender or gay,” said Solmonese.

The Human Rights Campaign is the largest national lesbian, gay, bisexual and transgender political organization with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that LGBT Americans can be open, honest and safe at home, at work and in the community.

Hawai'i State Government