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Spokane, Washington  Est. May 19, 1883

Gay rights bill clears House

Richard Roesler Staff writer

OLYMPIA – Over the objections of many Eastern Washington Republicans, the state House of Representatives voted 60 to 37 on Friday to ban discrimination against gays, lesbians, bisexuals and people changing their gender.

“This discrimination is a reality,” said Rep. Ed Murray, D-Seattle, one of four openly gay lawmakers and prime sponsor of the bill.

“Do not betray America’s principle of equal justice for all by pretending that ‘all’ means ‘some,’ ” Rep. Phyllis Gutierrez Kenney, D-Seattle, urged the House.

Republicans – most of whom voted against the bill – said they don’t condone bigotry or hatred. But they said they fear the bill will force people to hire or house people whose behavior they disagree with.

“It uses the coercive power of the state for the aim of not only promoting but forcing the general acceptance of homosexual and lesbian lifestyles,” said Rep. Don Cox, R-Colfax. Instead of leading to love, tolerance and understanding, he said, the bill overreaches and “leads to intimidation.”

This is the 11th year in a row that Murray has proposed the change, and the fourth time it’s been approved by his House colleagues. The real battleground, however, has been the state Senate. For years, conservative senators ignored the bill, leaving it to die in committee. Last year, with Democrats in control, the bill made it to the Senate floor, but failed by a single vote.

This year, proponents hope, Olympia will finally add sexual orientation to the long list – race, nationality, gender and more – for which it is illegal to discriminate.

The bill covers employment, housing, insurance and financial dealings. Complaints would be handled by the state Human Rights Commission, which can investigate and take matters before an administrative law judge.

Republicans on Friday repeatedly tried to tack amendments onto the bill. Rep. Lynn Schindler, R-Otis Orchards, wanted to exempt small businesses. Rep. John Ahern, R-Spokane, wanted to exempt groups like the Boy Scouts from the bill. Under court precedents, Rep. Jim Moeller said, such groups would be exempted.

“This amendment is an amendment in search of a problem,” the Vancouver Democrat said of Ahern’s attempt.

Rep. John Serben, R-Spokane, tried to require the bill to go before voters in November. He pointed out that voters previously rejected such a change.

“Let them have their say once again,” he said.

Democrats said that the issue should be decided by the Legislature.

“We cannot punt this over to voters,” said Rep. Eric Pettigrew, D-Seattle. “We have got to take the leadership and action, right here and right now.”

Gov. Christine Gregoire, in the House sidelines shortly before debate began, agreed.

“These people got elected,” she said, referring to lawmakers. “These people know what the values of this state are.”

The only Republican amendment that succeeded – with Democratic help – was one stating that the change “shall not be construed to modify or supersede state law relating to marriage.”

“This in no way creates any precedent, basis or right to same-sex marriage,” said Rep. Gigi Talcott, R-Tacoma.

It may not matter. Gay and lesbian couples are challenging Washington’s ban on gay marriage in the state Supreme Court, and the high court is expected to rule before the session ends March 9.