BISMARCK, ND – SB2278 would have added sexual orientation and transgendered persons to the list of classes protected from discrimination in housing, employment and public accommodations under North Dakota’s Human Rights Act.

Unfortunately, the bill was voted down in the House Friday in a 54-34 thrashing that heaped insult upon injury as members explained why leaving sexual orientation an unprotected class was their duty under the state constitution.

“There’s a big difference between a behavior and a lifestyle and something you don’t have a choice in,” stated Rep. Robin Weisz [R-Hurdsfield], who chairs the House Human Services Committee, which heard the bill and recommended its defeat.

“I don’t think it’s needed,” she added. “I believe it has consequences that aren’t in the best interests of this state, that do intrude on the rights of others who are also protected under this great constitution.”

Other opponents cited religious beliefs as their rationale for rejecting the bill.

“It does violate what God wanted for this world,” said Rep. Wes Belter [R-Mapleton].

Most, however, held to the belief that sexual orientation fails to meet the test of an immutable fact of life and human self-identity. In testimony before the committee earlier this month, the conservative religious group Concerned Women for America made the same assertion, albeit muddling the question of identity by referring to behavior as non-changeable.

“Sexual orientation fits into none of these prerequisite categories,” a representative of the group testified. “Actually, there is no scientific evidence that shows that sexual behavior is non-changeable; it is also a fact that those who practice non-traditional sexual preference are largely affluent and that their activists represent one of the most powerful lobbies in the world per capita. Special rights have historically been afforded to certain groups in order to ensure that individuals are not discriminated against due to immutable characteristics. North Dakota law already protects these characteristics from discrimination. Special rights should not be established based on an individual’s behavior, yet this is the lone intent of SB2278.”

The North Dakota Catholic Conference likewise was certain enough of its position to issue a lenghthy announcement in January stating, in part, “It should be noted that current law already protects lawful activities outside the place of employment. This bill, however, would create special protection for a certain class of activities.”

Like CWA, the Catholic group expressed a strong concern that the bill woould infringe upon the First Amendment and religious rights of North Dakotans.

According  to Rep. Corey Mock [D-Grand Forks], one of the six sponsors of the bill, opponents’ fears have no basis in fact or the experience of 20 other states that have laws barring discrimination against gays and lesbians.

“There is not a person in this chamber that is not related to or friends with someone that would be affected by Senate Bill 2278,” Mock said. “That means people we know and love may be evicted, denied services or terminated because they are gay, straight, bisexual or transgendered with no regard or consideration of merit.”

Rep. Kathy Hawken [R-Fargo], another co-sponsor of the bill, added, “It has been said that this is a choice. Religion is also a choice, but yet that’s protected.… To make our constitution work, protection must be put in statute. Right now we can and do discriminate on our citizens based on sexual orientation.”

Breakdown of Votes – N.D. SB2278

YEAS: Amerman; Boucher; Conklin; Conrad; Delmore; Ekstrom; Glassheim; Griffin; Gruchalla; Hanson; Hawken; Holman; Johnson, N.; Kaldor; Keiser; Kelsh, J.; Kelsh, S.; Kroeber; Martinson; Metcalf; Mock; Mueller; Myxter; Onstad; Pietsch; Pinkerton; Potter; Schmidt; Schneider; Thorpe; Vig; Winrich; Wolf; Zaiser

NAYS: Bellew; Belter; Berg; Boehning; Brandenburg; Carlson; Clark; Damschen; DeKrey; Delzer; Dosch; Drovdal; Froelich; Froseth; Grande; Hatlestad; Headland; Heller; Hofstad; Hunskor; Johnson, D.; Karls; Kasper; Kelsch, R.; Kempenich; Kerzman; Kilichowski; Kingsbury; Klein; Klemin; Koppelman; Kreidt; Kretschmar; Meier, L.; Nathe;
Nelson; Pollert; Porter; Ruby; Rust; Schatz; Skarphol; Sukut; Svedjan; Thoreson; Uglem; Vigesaa; Wald; Wall; Weiler; Weisz; Wieland; Wrangham; Speaker Monson

ABSENT AND NOT VOTING: Boe; Dahl; Frantsvog; Meyer, S.; Nottestad; Williams

The text of the bill is here.