Dear Kossacks and fellow West Virginians,
I need your help. And I ask you to take 15 minutes of your time and do so. To put it simply, it is time for the West Virginia Legislature to adopt an Employment and Non-Discrimination Act (ENDA). The only way that such a feat can be won is to enlist your help --- it must be a people-driven movement. It may require your thought, your assistance, and even your donations to make the first steps in legal equality for gay and lesbian West Virginians.
In August, the capital city of Charleston, West Virginia adopted an ordinance to add sexual orientation as a protected class. The ordinance now forbids housing or employment discrimation based on someone's sexual orientation. Charleston was the first major city to adopt such an ordinance. Unfortunately, it's effect may be quite short-lived.
Shortly thereafter, the editor of my hometown newspaper (Wheeling Intelligencer and News-Register) published a rather repugnant blog entry and later an uninformed editorial. I published an earlier blog here on Daily Kos asking for your help in responding. Here are some excerpts from Mike Myer:
Some members of the Wheeling Human Rights Commission believe that the city charter should be amended — to provide specific protections based on sexual orientation.
That’s absurd. Any charter provisions regarding civil rights, economic opportunity, public safety or other issues should pertain to everyone. Singling out members of any specific subset of human beings in effect discriminates against those who are not members of the group.
--- even better ---
Some members of the Wheeling Human Rights Commission have hopped on the bandwagon of demanding special protection for homosexuals. They want the city charter to be changed to guard against discrimination stemming from sexual orientation. Somehow, I don't think they're talking about protecting people whose sexual orientation happens to be heterosexual.
Myer later goes on to lament that if he were to assault another male, including a U.S. Senator, for making a sexual advance, Myer would be charged with a crime. For some reason, I don't understand what that has to do with anti-gay employment and housing discrimination.
Fortunately, a few like Jimmy Pickett, came to the rescue quickly:
It is no secret that discrimination based on sexual orientation is an issue which affects many in our community. Most of those affected do not speak out for fear of being mistreated. Most members of the gay, lesbian, bisexual community move out of Wheeling as soon as they finish school because they know that living here means hiding or facing daily ridicule and outright discrimination.
Charleston is just one of the many communities across this great nation which has recognized the need to make a clear statement that discrimination and mistreatment based on sexual orientation will no longer be tolerated. It is time that Wheeling began to make a commitment to create a community which is safe for all members of the community.
I speak as an individual community member, a professional counselor, a former Human Rights Commissioner, and a business owner.
I knew that a fierce response was warranted, but I also admitted in my blog entry that I am not personally comfortable with publishing my name in a letter-to-the-editor. Why? Unfortunately, I am fairly well-known for my distinct talents in that town of around 30,000 people. My mother and I both have some political connections, and due to the nature of her profession, I try to keep my private life exactly that --- private. I did not hesitate, however, to make the appropriate phone calls I deemed necessary to further irritate Mike Myer.
I spoke with the executive director of the Wheeling Human Rights Commission, and she relayed to me the history of attempts to adopt an ordinance similar to Charleston's in Wheeling. Apparently, the Commission (which is comprised of a diverse, city-appointed members) has petitioned City Council on this very matter since the late 1980s. Nearly twenty years later, and no further action has been taken. Why? Jurisdiction.
The aforementioned Charleston ordinance and any future city ordinances in West Virginia may not have the full effect of law. Keeping in mind that I am neither an attorney nor a legal expert, here's the problem.
The West Virginia Human Rights Act, codified in Chapter 5, Section 11-2 and Chapter 5, Section 11-13, provides that the Circuit Courts of West Virginia shall be an avenue for which to either enforce an ordinance or to appeal a ruling. In essence, should the Charleston Human Rights Commission or any other such commission in West Virginia attempted to enforce a sexual orientation protection, the Circuit Court could and probably would rule that it lacks the necessary authority. The only TRUE remedy to this solution is the inclusion of sexual orientation into the state law.
This, I am told, is the reason that Wheeling City Council has been hesitant to take official action for the last twenty years. I must concede that it is a valid legal concern. What good is an unenforceable law? So, what do we do?
The West Virginia Legislature had no less than 3 proposals in its 2007 regular session to amend Chapter 5, Section 11-2 and add sexual orientation as a protected class. The bills were filed with the Judiciary Committees in both Houses. In one instance, the chairman of the Judiciary Committee was a sponsor of the legislation --- but it never left committee. Why? Well, it seemed that certain legislative leaders either intended to kill the legislation or futility warranted suspension of further action. Even after West Virginians voted to increase the Democratic majorities in both Houses in 2006, the legislation still died. What actions must be taken in order to adopt ENDA in West Virginia?
Well, I can tell you what I am doing and what you can join me in doing. First, I am starting at home. I have written a letter/proposal to the Wheeling Human Rights Commission, and I will be attending its next regular meeting to speak out on behalf of my proposal. First, I have asked the Commission to recommend City Council adopt a resolution calling on the West Virginia Legislature to adopt ENDA. The resolution can amplify the obviously legal issues and necessities surrounding the council's desire for an ordinance --- for both equality and economy. Furthermore, I ask the Commission to recommend the Mayor and/or City Manager to forbid sexual orientation discrimination in city hiring practices. Governor Manchin has issued an executive order effectively banning sexual orientation as a factor for denying employment to any prospective Executive Branch employee.
I believe that the voices of city councils and county commissioners from across the State will force legislators to reconsider its inaction on ENDA legislation.
So, how can you help? Well, if you're a West Virginia resident, you could petition your own city council or county commission to adopt a resolution calling for the Legislature to adopt ENDA. I do not see how public pressure will work without the support of cities like Huntington, Morgantown, Parkersburg, Beckley, and Martinsburg. The Kanawha and Ohio County Commissions must also get involved. How can West Virginia be "open for business" when it doesn't ensure employment status for ALL residents?
First, email your support to the Wheeling Human Rights Commission (garretthrc@yahoo.com).
Write a letter to the editor, especially one to Mike Myer. Seek out other outlets such as the Charleston Gazette, the Morgantown Dominion-Post, and the State Journal. Here are some key legislative contacts:
House of Delegates Majority Leader Joe DeLong (D-Hancock Co.) and 2008 candidate for West Virginia Secretary of State.
--- Capitol Complex (304) 340-3220, email: jdelong@mail.wvnet.edu
Senate Majority Leader Truman Chafin (D-Mingo Co.)
--- Capitol Complex (304) 357-7808, email: htchafin@mail.wvnet.edu
House Judiciary Chairwoman Carrie Webster (D-Kanawha Co.)
--- Capitol Complex (304) 340-3252, email: cwebster@mail.wvnet.edu
Senate Judiciary Chairman Jeff Kessler (D-Marshall Co.)
--- Capitol Complex (304) 357-7880, email: kessler@mail.wvnet.edu
If you're a member of the Human Rights Campaign or ACLU, contact West Virginia chapters and the national organizations asking them to place greater emphasis and work on ENDA for West Virginia. We can do this for the equality of ALL West Virginians.