Alaska News

City revises gay-rights proposal

The city administration has rewritten a proposed law banning discrimination against gays, lesbians and bisexuals to make clear that it wouldn't apply to small, home-operated businesses or to owner-occupied four-plexes or duplexes.

The new version of the law also drops another category originally proposed for inclusion in the city's equal rights law -- military veterans' discharge status. City officials said some veterans' organizations had asked for more time to discuss the issue.

The revised anti-discrimination law was discussed at a Friday afternoon Assembly work session. It is scheduled for public hearing Tuesday evening when the body meets in chambers at Loussac Library.

The ordinance is being proposed by Acting Mayor Matt Claman at the request of a citizens group, Equality Works. It would add sexual orientation to the list of characteristics -- race, sex, religion, marital status, age and so on -- protected from discrimination in property sales and rentals, employment, public accommodations, educational institutions or city practices.

City attorney James Reeves also discussed what he described as several "misconceptions" about the proposal that have arisen since it was introduced last month. For example, he said:

• It would not allow men to come to work dressed as women;

• It would not allow men dressed as women to enter women's restrooms in public facilities or businesses;

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• It would not require employers to allow employees to advocate a particular sexual preference in the workplace;

• Sex-related crimes, including pedophilia, would still be illegal.

One of the measure's opponents, the Rev. Jerry Prevo, later said he's unconvinced. "I still think it's a bad ordinance," he said.

If adopted, even as revised, the measure could lead to long, costly lawsuits, Prevo said. He said he disagrees with some of Reeves' conclusions, and he thinks gay rights groups hope to use the measure to advance an agenda he disagrees with.

In a statement issued by the city later Friday, Claman said the measure is intended only to protect people from unfair discrimination.

"A person's sexual orientation or gender identity has nothing to do with job performance (or) qualifications as a good tenant or customer," he said. "It is the right thing to do and the right time to do it."

The new version of the ordinance adds a section specifically saying it "does not apply to discrimination because of one's biological gender in matters such as access to restrooms," and that it doesn't affect employers' authority to impose "reasonable dress codes, work rules," or other rules that apply to all employees.

Reeves said those issues were already covered under existing laws.

"A huge body" of court decisions already say employers and business owners can restrict bathroom use by gender, he said. The language was added to the current proposal, he said, "in order to have suspenders with our belt."

Also added is language spelling out that home-operated businesses employing no more than four people are not covered by the anti-discrimination law.

Contact reporter Don Hunter at dhunter@adn.com or 257-4349.

By DON HUNTER

dhunter@adn.com

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