Anti-bias law still at risk

The day after Tim Eyman's referendum bid fizzled, hundreds of supporters of Washington's new gay rights law gathered in downtown Seattle to celebrate the protections taking effect.

"We knew people woke up that morning knowing they couldn't be fired or kicked out of their apartments based on who they were," said John Vezina, campaign manager for Washington Won't Discriminate, which held the June 7 victory party.

It's certainly not the final word on the issue, though.

Evangelical churches strongly opposed to the law -- which bars discrimination against gays and lesbians in housing, employment, insurance and credit -- are weighing other political options.

"This is a battle. It is a spiritual battle. And we are in it to stay," Gary Randall, president of the Faith & Freedom Network, posted on the group's Web site the day after the law took effect.

After Referendum 65 failed to get enough signatures to qualify for the November ballot, Randall said his group looked into launching an initiative to the people. That option was ruled out because they didn't think they could get the nearly 500,000 required signatures by the July 7 deadline.

It's too late for another referendum, which must be filed within 90 days of the end of the legislative session in which a law was passed. But the deadline for an initiative to the Legislature isn't until Dec. 29.

Randall, whose group teamed with Eyman on Referendum 65, said his group is considering other options but declined to say what. Asked whether the group might try an initiative at another time, he said: "It's entirely possible."

For now, they are focused on boosting voter registration, getting people to the polls for the primary and November elections and electing like-minded legislators.

The state's highest court may rule later this year on the constitutionality of same-sex marriage. Washington could become the second state after Massachusetts to allow same-sex marriage if the court throws out the state's 1998 Defense of Marriage Act, which limits marriage to heterosexual couples.

Randall argues that the new gay rights law opens the doors to unnecessary litigation for employers and silences Christian teachings that condemn homosexuality.

Gay rights advocates disagree.

"I would not expect a flood of complaints because many personal factors go into whether a person files a complaint," said Jennifer Pizer, senior counsel for Lambda Legal's western office, which covers 11 states, including Washington.

In other cities and states where similar laws have been on the books, complaints about gay bias are received in small numbers compared with overall complaints involving age, race or disabilities. But civil rights advocates say the low number doesn't mean the laws haven't been effective.

Rep. Ed Murray, D-Seattle, a gay legislator who worked for years to pass the law, anticipates that a small number of people will file complaints when they face bias. But the bigger impact of the law is this: "There is a great sense of equality that gay and lesbian people have, because under the law they're viewed as equal citizens."

Pizer said the goal of such laws is to prevent discrimination and improve interactions in a positive way, not to increase lawsuits. She said employers will be quicker to recognize their duty in upholding protections for gays and lesbians, because of their experience with sexual and racial harassment laws.

The Washington State Human Rights Commission, the agency in charge of investigating and enforcing discrimination complaints, has received a few complaints and inquiries, but not a big influx yet, executive director Marc Brenman said.

"This is a huge thing," because it extends these protections to the rest of the state, said Elliott Bronstein, spokesman for the Office for Civil Rights in Seattle, which has had a law protecting gays and lesbian since 1975.

Last year, the office, which handles about 150 cases a year, closed 19 relating to sexual orientation bias. Most involved workplace complaints. Eight of those cases were investigated and closed without action; seven complaints were withdrawn and two settled, Bronstein said.

There is no federal law prohibiting bias against someone based on sexual orientation. Washington is the 17th state to pass such a law. Wisconsin was the first to do so, in 1982.

"Having it makes a difference, whether you use it or not. That's the goal ... that people comply and don't discriminate," said LeAnna Ware, director of the Wisconsin State Civil Rights Bureau.

Her office had 100 cases last year involving sexual orientation discrimination, a small portion of total complaints.

Maryland, which passed a similar law in 2001, had 25 cases in its past fiscal year.

"It seems that people feel more secure" since the law was put in place, said Patricia Wood, assistant general counsel for the Maryland Commission on Human Relations.

"For all the complaints that we take in ... there probably are many more people who are discriminated against who don't file."

GAY RIGHTS LAW

The new state law adds protections for people who are straight, gay or lesbian, bisexual, male, female or transgendered from discrimination at work, in housing, in public accommodations and when seeking credit and insurance.

To file a complaint, call the Washington State Human Rights Commission's toll-free number, 800-233-3247, or visit www.hum.wa.gov.

In Seattle, contact the Office for Civil Rights at 206-684-4500 or visit www.ci.seattle.wa.us/civilrights/howtoocr.htm.

Residents of unincorporated King County can contact the Office of Civil Rights at 206-296-7592 or visit www.metrokc.gov/dias/ocre.

P-I reporter Phuong Cat Le can be reached at 206-448-8390 or phuongle@seattlepi.com.

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