Where In the World Is HB 4192!?

Background

You may be asking yourself, what exactly is “HB 4192,” and that’s okay, because up until about a year ago when Speak Equal was first born, many of us who are now supporting this effort were asking the same question.

So, before we launch into an in-depth discussion of HB 4192, it’s merits, and why it is necessary in this, the great state of Michigan, let’s take a few seconds to recount some of its key characteristics:

• In short, HB 4192 is a bill to amend the 1976 Elliott-Larsen civil rights act to include protections against discrimination on the basis of sexual orientation and gender identity.
• Protections would extend to employment practices, housing and real estate, all public accommodations and services, as well as educational facilities — essentially, the gay, lesbian, bisexual, transgender, and queer community would be protected in the same way all other protected demographics are.
• The bill defines gender identity or expression as, “having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual’s assigned birth.”
• The bill defines sexual orientation as, “having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation.”

The Here and Now

Now, onto the question of passing the bill — hence, our post’s title, “Where In the World Is HB 4192!?”

Just to bring you up to speed, the bill was officially introduced on February 6, 2009. According to the Journal of the Michigan House of Representatives, the bill was read on November 4, 2009 and was recommended for pass with no amendments or revisions. It was also recommended for a second reading!

… but then, the progress stops there.

So, what happens next? How long do we have to wait for an official vote in the House? Is this yet another progressive bill that’s going to die in the Senate? Is anyone lobbying on behalf of this bill? Have there been any efforts to educate the general public and encourage them to contact their Senators and Representatives encouraging them to speedily enact the bill?

Clearly, this bill isn’t just something somebody, somewhere is recommending we pass. This bill is necessary to the social, political, and economic development of the state of Michigan. What’s amazing about this, is that it’s not just us, and it’s not just you [dear reader] who recognizes this. The importance of equality and equal rights for all has been argued from multiple perspectives.

For example, in his written testimony in support of the passage of HB 4192, Peter J. Hammer, J.D., Ph.D., said this:

Michigan’s political and cultural deficit presents a serious challenge to the state. In recent years, Michigan has developed a reputation for being increasingly intolerant. (L. Berman 2007; P.J. Huffstutter 2007). Many state policies are hostile to the very forms of cultural and social diversity that can attract and retain high tech businesses and employees. This reputation did not develop over night. It has been the product of a number of acts of omission and commission. The fact that there is no State prohibition against discrimination on the basis of sexual orientation and gender identity is one such factor. In addition, Michigan affords no hate crimes protection to members of the LGBT community. Michigan adopted one of the broadest bans in the country prohibiting same sex marriage, intentionally drafted to outlaw even the possibility of any form of civil union. The State Attorney General turned what was supposed to be a shield into a sword and held that the marriage amendment prohibited state employers from offering domestic partnership benefits to same sex couples. Finally, in a judicial opinion that was widely criticized in the legal community, the Michigan Supreme Court went further than any court in the country using the marriage amendment to deny a wide range of possible LGBT rights. (Case Note, Harvard Law Review 2009).

In addition, Michigan schools are amongst the least safe in the country for our LGBT youth. We have some of the worst and highest statistics for bullying, harassment, and discrimination amongst our public schools, and get this — the several of those offenses are perpetrated between a teacher and their student!

In an effort to combat this, Triangle, the MDLC, and several other Michigan-based advocacy organizations and political groups have been championing the passage of Matt’s Safe Schools Law, which also has not yet left the House according to Michigan Legislature web-site.

And what of Michigan’s most recent case involving a lesbian mother who has no custody rights to the children she parented for nearly ten years before her and her partner ended their relationship?

Terrifyingly enough, these are only those instances of omission and discrimination affecting those of various sexual orientations and gender identities. Further exploration of racial, ethnic, and other such protected class-based discriminations are bound to overturn even more horrifying statistics.

Bottom Line:

If this bill does not pass both the House and the Senate, it will be yet another nail in the coffin that seals Michigan’s reputation as an intolerant, stagnant, unsafe, and discriminatory state.

Contact your Senator/Representative: TAKE ACTION

Download Full Text of the Bill Elliott-Larsen Amendment Bill Here: FULL TEXT