Fired for Being Gay

Posted by Adele Stan, AlterNet at 8:34 AM on July 21, 2009.

Given the great strides made by the lesbian, gay, bisexual and transgender (LGBT) community, one would think that protection against employment discrimination for LGBT people would be a given.  One would be wrong.

While same-sex marriage grabs the headlines, LGBT people still face, in a majority of states, the prospect of being fired for their sexual orientation and identity.  In 30 states, you can be legally fired for being, in the words of former Florida Governor Reubin Askew, "a known homosexual."  That's why Bob Packwood, the former senator from Oregon, has published this op-ed in the Miami Herald, urging passage of the Employment Non-Discrimination Act (ENDA), which was reintroduced in the House last month by Rep. Barney Frank, D-Mass.

In his essay, Packwood recalls his grilling of Askew before the Senate Finance Committee, during Askew's nomination hearing for the position of U.S. Trade Representative in the Carter Administration. Askew was an ally of Florida Orange Juice spokesperson Anita Bryant, who conducted an anti-gay crusade in the 1970s. Here's Packwood:

For the first time in congressional history, perhaps, we embarked on new ground on civil rights. I asked Askew whether he had said these words, "I would not have a homosexual on my staff."

The official hearing record makes it clear:

Askew: "Yes sir, I did. I said a known homosexual, and I would not."

I asked if that was his present position, and he confirmed it was true. His position was well known because of his support for Anita Bryant's efforts in Dade County to deny "homosexuals" employment rights and specifically, the ability to teach in schools in 1977.

I followed up again and asked if it was his position to "not have a homosexual" on his staff. He responded, "I would not have a known homosexual on my staff, simply, senator, by virtue of the tremendous problems it presents in dealing with public constituencies."

[...]

Packwood continues:

Thirty years ago, a nominee for Cabinet rank declared that he was perfectly within America's laws and customs to deny jobs to individuals -- despite their obvious talents, qualifications and fitness -- simply because of their sexual orientation.

The Senate soon confirmed Askew, trusting President Carter's cabinet choice. I do not know Askew's views today. We have not spoken, and all attempts to find out were unanswered. But I am very aware of America's opinions today. An overwhelming majority of all Americans agree that it is simply not fair to discriminate in the workplace so unfairly and so blatantly. For many of us, it was kind of a wake-up call, too.

Packwood's not kidding when he says an "overwhelming majority of all Americans" are opposed to employment discrimination against LGBT people.  Here's Andrew Gelman, writing on 538.com in April:

In surveys, 72% of Americans support laws prohibiting employment discrimination on the basis of sexual orientation. An even greater number answer yes when asked, "Do you think homosexuals should have equal rights in terms of job opportunities?" This consensus is remarkably widespread: in all states a majority support antidiscrimination laws protecting gays and lesbians, and in all but 10 states this support is 70% or higher.

One would think that passage of ENDA would be a no-brainer.  Let's hope one is right.

Hat-tip to Bob Witeck for calling my attention to Packwood's essay.

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In related news, Askew's former boss, President Jimmy Carter, has left the Southern Baptist Convention for its discrimination against women.

Tagged as: gay rights, barney frank, jimmy carter, enda, lgbt rights, bob packwood, reuben askew, anti-lgbt discrimination

Adele M. Stan is AlterNet's acting Washington bureau chief.