Gay rights law goes into effect with little fanfare

Tuesday, January 3, 2006

Maine's new civil rights law quietly took effect last Wednesday.

The law, which formerly prohibited discrimination based on race, gender or religion, has been expanded to make it illegal to discriminate based on sexual orientation.

That means it is no longer legal to fire someone just because he or she is gay; no longer legal to refuse a loan to a person just because he or she is gay; no longer legal to refuse to rent or sell property to a person just because he or she is gay.

It sounds simple -- and it is.

The only thing remarkable about this law is that it too so long to come about.

It's hard to imagine anyone really arguing that it should be acceptable to refuse to serve a meal to someone just because of his or her sexual orientation, or that an employer should be allowed to fire an otherwise excellent worker for that reason alone.

Even those who sought to defeat the new law offered no arguments favoring that sort of discrimination. Instead, they argued that homosexuality was sinful, that gays should not have "special rights," that passing the law would more Maine closer to approving gay marriage, and that there was not sufficient evidence of discrimination against lesbians and gays to justify legal protection for them.

We offer no opinion on whether homosexuality is or is not sinful. That matter is best left to religious leaders and individual conscience.

There is no merit to the "special rights," argument. There is nothing special in assuring that any group of people shares in the legal rights everyone should enjoy.

Contrary to some statements during the election, unfortunately there is ample evidence that the law is needed. Too many gays and lesbians have not been hired or have been fired, have been denied promotions, have been harassed in the workplace, been denied credit and otherwise faced discrimination because of their sexual orientation.

The new law says nothing about gay marriage. Mainers can consider that question if it arises .

The law is not retroactive; discrimination that occurred before last Wednesday is not covered. Discrimination since then or in the future is. Complaints will be handled by the state Human Rights Commission.

It is reasonable to hope that the law will discourage the kind of conduct that would lead to complaints. The commission and other organizations can be expected to educate people -- especially employers -- about the change in the law.

Together, the law and education about it, should help end this ugly discrimination and provide protection to people who need it.