A step backwards for equality in Louisiana
Special thanks to Chris Edelson (pictured), our state legislator director, for authoring this article.
When we think of the fight for equal rights, we tend, of course, to be forward-looking, with an eye toward building on existing protections. Sometimes, though, opponents of equality try to move things in the opposite direction, away from equality. The discriminatory marriage amendments in California, Arizona, and Florida, as well as the repeal efforts in Montgomery County, Maryland and Gainesville, Florida are stark reminders of that.
Louisiana Gov. Bobby Jindal has managed to roll back protections for GLB people in Louisiana simply by doing nothing. Gov. Jindal announced yesterday that he will allow an executive order prohibiting discrimination against state employees based on sexual orientation to expire. The order was signed by Jindal’s predecessor, Gov. Kathleen Blanco, in 2004, and will expire this week unless it is renewed. The first executive order prohibiting such discrimination in the state was implemented nearly two decades ago, in 1992.
Gov. Jindal’s explanation for his inaction is perplexing, to put it charitably. He claims that he is allowing the protections to lapse because it is not “necessary to create additional special categories or special rights,” and said that state and federal law already prohibit discrimination.
This is simply not correct. Gov. Jindal surely knows that Louisiana is one of 30 states (.pdf) that does not prohibit discrimination based on sexual orientation (it is one of 38 states that does not prohibit discrimination based on gender identity). Federal law, of course, does not prohibit discrimination based on either sexual orientation or gender identity—that’s the reason why ENDA is so vitally important.
Gov. Jindal is also being misleading when he refers to “special rights”. As Randy Evans of Lousiana’s Forum for Equality aptly put it, Jindal’s decision means that “it is perfectly legal to fire anyone based on their sexual orientation even if they are a perfect employee.” There is nothing “special” about being protected against such arbitrary discrimination—whether it is based on race, gender, religion, age, disability, sexual orientation, gender identity, or other personal characteristics unrelated to job performance. Protections against such discrimination are a basic part of what it means to have equal rights. To put it simply, Gov. Jindal’s decision denies equality to his state’s citizens.
Gov. Jindal’s callous attitude is also a reminder that elections matter. As mentioned, Gov. Jindal’s predecessor signed the expiring order. A new governor in Louisiana meant a setback for equality. That’s a good thing to keep in mind this November—voting for fair-minded candidates can have very tangible consequences.