Tuesday, December 17, 2002

Today, the New York State Senate passed the Sexual Orientation Non-Discrimination Act (SONDA) by a vote of 34-26. The bill has been introduced for the past 32 years, and has been repeatedly passed by the State Assembly. This year, for the first time, it was allowed to come to a vote in the State Senate. Unfortunately, the amendment to include protections for people of transgendered experience garnered only nineteen votes, not enough to pass. But, it was certainly cause for celebration, and celebrate we did.

Well, let me be clear. It was cause for celebration in that it was a political battle fought and won, but I actually am of the opinion that in most cases, civil rights legislation does more harm than good. Employers in particular are much less likely to hire someone who is in a protected class, as firing that person is much more difficult. If there's anything short of theft or gross insubordination, they'll probably be forced to keep the do-nothing clockwatcher around because if they terminate the employee, they're just opening themselves up to litigation. And, they'd rather not do that, so they just avoid hiring members of a legally protected class in the first place if at all possible. And, maybe just because I live in New York City (well, Northern New Jersey), but I frankly have no worries at all about discrimination in housing, employment, or public accommodation because I'm a homo. However, the National Coalition for Sexual Freedom reports that last year they assisted 73 people who were prosecuted or almost prosecuted for practicing consenual alternative sex practices; 461 parents who had their custody challenged or taken away because of their alternative sex practices; and 392 people who wer fired, demoted, or lost promotions because of their alternative sex practices. That's pretty much where I feel vulnerable. In Massachusetts, a S/M house party was raided by local police, and a wooden spoon was indicated as a 'weapon' used in an assaultive battery, even though the 'victim' of the battery was among those arrested, and even though the victim explained to police and anyone else who would listen that it was perfectly fine with him that the wooden spoon was being used on his balls. So, y'know. In fact, although the provisons of New York law that outlawed homosexual sex went out the door in 1973, 'deviate sex' is still a Class B Misdemeanor.

Anyway, I'm sure not gonna let any of this stop me from having some fun.

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