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The Honolulu Advertiser
Posted on: Monday, May 1, 2006

Civil rights protection should extend to all

We're all supposed to be equal under the law, but sometimes the law itself is a little fuzzy on that issue.

In an effort to close one particular gap, the Legislature has passed House Bill 1233, which seeks to extend certain civil rights protections in public accommodations. Specifically, the bill would bar discrimination in public places on the basis of sexual orientation or "gender identity or expression" — you couldn't legally be denied service at a restaurant or other business or public place because you are gay, bisexual or transgender.

The bill now sits on Gov. Linda Lingle's desk, awaiting her signature.

Last year, the governor vetoed a measure that would have included the "gender identity or expression" language in the civil rights law governing employment.

Among her reasons: The law would have undermined a business' ability to enforce conduct standards.

That was the wrong decision then, and she shouldn't apply the same rationale here. By all means, businesses should enforce standards of behavior, but conduct is a separate issue from identity. Citizens have a right to expect they won't face discrimination on the basis of who they are, period.

The law should make that clear. The Legislature should in future sessions work to make protections consistent. But for now, the bill before the governor would add some of that clarity. She should sign it.