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Twenty-Five Answers
Suggested answers to typical questions commonly voiced in
opposition
to proposed legislation providing equal opportunity for gay men and lesbians
CATEGORY: Children/ Teachers
- QUESTION: "Won't allowing homosexuals to be teachers encourage
impressionable children to become homosexual?"
ANSWER: There have always been teachers who are homosexual, there are
now, and there will continue to be, whether or not legislation is passed. Thus, the issue
is not whether there will be homosexual teachers, but rather, whether teachers who are
doing a good job (no misconduct) must waste energy worrying about losing their jobs if
their sexual orientation is discovered, or whether, on the other hand, they can feel
confident in their rights as human beings, to keep a job they're doing well, thereby
devoting full time to their profession-- teaching. No "sudden rush" to be gay by
students of a homosexual teacher has ever been recorded. Homosexuality cannot be
"taught" like a political philosophy; students cannot take on their teacher's
sexuality they way they might their teacher's politics. Leading experts feel that an
individual's sexuality is determined by age four, and usually doesn't change after that
- QUESTION: "With protective legislation on the books, what would
prevent a teacher from molesting students? What could a school do (if anything) about it,
without being accused of discrimination?"
ANSWER: Employers can regulate conduct, they just can't discriminate by
using a double standard; one for homosexuals, one for heterosexuals. Molestation is
considered gross misconduct by both the gay and straight community. No legislation is
being proposed to make it legal in any sense
- QUESTION: "Since homosexuals can't reproduce, don't they have to
recruit others? Isn't that the real objective of having gay teachers, so they can recruit
children?"
ANSWER: No legislation ever proposed authorizes recruiting minors for
sexual purposes. Clearly proven misconduct such as this continues to be legal grounds for
dismissal. No such problems where legislation protecting gay men and lesbians are in
effect have ever been documented. Teachers don't stand in front of a classroom saying
things like "Be Gay! It's the only way to be!" They teach history, or whatever
the subject matter of the class is. Pressing one's own values on students, whether they be
religious, political, or sexual, should continue to be clear grounds for dismissal
- QUESTION: "Why do teachers have to announce their sexuality to
their students anyway? Is this legislation really needed?"
ANSWER: No pattern of such "announcements" in places which have
this type of non-discrimination legislation has ever been identified. There are many
aspects of most personal lives which, if made public, could prove embarrassing, both for
heterosexuals and homosexuals. This legislation would protect heterosexual employees from
idle rumors concerning their sex lives just as it would protect gays. No longer would
rumors about an employees' sexual preferences threaten his employment
- QUESTION: "What about the right of parents to raise their children
the way they see fit; their right to keep their children away from gay and lesbian people;
their right to teach their children that homosexuality is wrong? Don't parents have rights
too?"
ANSWER: Parents, indeed, do have such a right to teach their children whatever
they want to, whether or not it be socially or morally acceptable to others. Legislation
being proposed simply states that all human beings have a basic right to obtain, keep, or
lose a job based solely upon their ability to do that job, and likewise, to obtain housing
and public services on the same basis as all other American citizens, without any regard
whatever for their sexual orientation
CATEGORY- Religion/Morality
- QUESTION: "Doesn't legislation such as this give
official approval to something most people consider immoral?"
ANSWER: This legislation does not condone homosexuality. It merely provides for
the fundamental human right of an individual to express his sexual preference without fear
of retribution, whether that preference be heterosexual or homosexual
- QUESTION: "But doesn't the Bible condemn homosexuality?"
ANSWER: Some theologians think it does, some think not. Equally
convincing arguments for both points of view can be lifted (often out of context) from
almost any religious document. But again, this question misses the point. The issue is not
one of religious interpretation, but rather, one of basic human rights in the legal sense.
American human rights do not rest upon the approval of any religious belief. Many visible,
influential religious leaders approve of and vigorously support legislation prohibiting
discrimination based upon sexual orientation
- QUESTION: "Didn't Christ condemn homosexuality?"
ANSWER: No. There is no recorded evidence of Christ ever having said
anything about homosexuality
CATEGORY- Health
- QUESTION: "Won't bills like this endanger the health of
our children and the general population because of increased exposure to AIDS?"
ANSWER: There is no connection between civil rights and public health.
AIDS is now thought to be primarily transmitted via direct sexual contact between two
people. Such sexual contact implies consent by both parties, and any forced non-consentual
sexual activity would continue to remain illegal under existing rape statutes
CATEGORY- General
- QUESTION: "Doesn't legislation like this give
protection to criminals?"
ANSWER: It is generally not illegal to BE homosexual, but only to
participate in homosexual activities. Sodomy laws prohibit specific sexual acts,
regardless of the sex of the participants. Therefore, heterosexuals are frequently guilty
of sodomy. It is, incidentally, possible for gay people to have sex without sodomy. As
usually applied (and sometimes as written) sodomy laws are blatantly discriminatory
- QUESTION: "Is being gay a matter of choice, or are people born
that way?"
ANSWER: No one really knows. Most experts agree that sexuality is largely
determined by age four, and extremely difficult, if not impossible, to change after that.
The question is, more importantly, not whether people can choose (and therefore change)
their sexual orientation, but rather, whether all people should be forced to conform to
the majority in order to be considered equal human beings with equal rights to employment,
social services, housing, and legal representation
- QUESTION: "Aren't there people who have changed from homosexual to
heterosexual?"
ANSWER: It's irrelevant. We don't require that Jews or Catholics (or
members of any other group of human beings) change their fundamental humanity in order to
be granted equality under the law
- QUESTION: "If we're going to prohibit discrimination against
homosexuals, why not for schizophrenics or wife-beaters, or left-handed people?"
ANSWER: The same argument was used against Black civil rights. But the
validity and necessity for such legislation has been conclusively proved. Left-handed
people don't get fired when their boss discovers they're left-handed. Wife-beaters have
victims -- assault is clearly criminal. Nothing in this legislation protects criminal
acts. Schizophrenics functioning well in their community may indeed need protection, but
that's another issue. We'll cross that bridge later
- QUESTION: "Isn't there substantial evidence that gay people are
sick?"
ANSWER: If one studies psychiatric patients, one will conclude that they
need psychiatric help. Homosexuality is no longer studied or classified as a psychiatric
disorder. The American Psychiatric Association removed homosexuality from its list of
mental disorders several years ago. The majority of medical and psychiatric professionals
agree that being gay is not a "sickness"
- QUESTION: "Doesn't adding gay and lesbian people to the list of
protected classes increase the case load of the Civil Rights Commission, which is already
swamped, and necessitate more expense for the taxpayers?"
ANSWER: Gay people pay taxes too. Experience in localities where such
non-discrimination legislation has been enacted indicates no flood of gay-related
complaints
- QUESTION: "If there haven't been many complaints filed under laws
like this, doesn't that suggest that these laws aren't really needed?"
ANSWER: One does not judge the effectiveness of a law by the number of
violations, but rather, by its deterrent effect. The possible loss to the employment
force, both public and private, of talented, dedicated, educated, creative, productive gay
people costs far more to society in general, than the costs of enforcing this legislation
- QUESTION: "Won't increased tolerance of homosexuality lead further
toward the destruction of the "American Family"?"
ANSWER: Current definitions of "Family" are open to a wide
range of interpretation. It is difficult to believe, however, that the traditional
"family" is so weak as to be threatened by simply allowing all American citizens
equal rights under law. Those jurisdictions which have enacted similar legislation have
not experienced any sudden increase in their gay population
- QUESTION: "Isn't this law just a device to protect homosexuals
while they proselytize on the job or in schools?"
ANSWER: No such problems have materialized where laws like this exist.
Clearly proven misconduct is not protected. People will still get fired for it
- QUESTION: "With this law on the books, what's to prevent
homosexuals from soliciting, or even having sex, in public?"
ANSWER: Solicitation and public sex are still illegal (both heterosexual
and homosexual). This legislation does not address that, it only applies to employment,
housing, and public services. Again, no general increase in those activities have ever
been recorded in localities passing similar legislation
- QUESTION: "Didn't homosexuality lead to the fall of Greece and
Rome?"
ANSWER: All historians of any reputation today reject that notion
- QUESTION: "Couldn't employees claim to be gay or lesbian just to
avoid being fired for something else? How would a school, or any other employer, prove
that a person isn't gay or lesbian?"
ANSWER: The burden under law is upon the complainant to prove discrimination, not
upon the employer to disprove it. Considering the social stigma in many communities
suffered by gay people, is it really rational to think that anyone would
"pretend" to be gay? The question is not whether the fired employee is gay or
lesbian, but rather, the employer's motive for the allegedly discriminatory act
- QUESTION: "I just don't see any way that an employer could be sure
of hiring enough gay or lesbian people to match the percentage of gay and lesbian people
in the general population. I mean, there isn't any agreement about how many lesbians and
gay men there are, and besides, how would an employer know who's gay or lesbian? Is the
employer going to ask every applicant?"
ANSWER: Not only is affirmative action for lesbians and gay men NOT included in
this bill, it is explicitly excluded. Affirmative action is not workable for homosexuals
without invading private lives of applicants and employees. Affirmative action is intended
to help people GET jobs. Most discrimination against lesbians and gay men takes place
AFTER hiring, when the employee's sexual orientation is discovered. Gay people are already
in the workplace, they don't need affirmative action
- QUESTION: "The definition of "affectional or sexual
orientation" in the bill speaks of "by orientation or practice". Doesn't
"practice" mean that men could be making advances, or even having sex, at
work?"
ANSWER: No. An employer can still regulate the conduct of his employees. The key
word is none of the above, but rather "discrimination". That is, applying one
set of rules to some employees (or renters, or applicants for public assistance, etc.),
and a different set to others. All discrimination, on any grounds, is illegal because it
is patently unfair
- QUESTION: "What about (person cites specific case of child
molestation)?"
ANSWER: Many statistics prove the greatest number of child molesters to be
heterosexual relatives of the victim. Lesbians and gay men are every bit as angered by
this crime as are heterosexuals. Gay people have children and younger brothers and sisters
too. The issue here is legal human rights. It does not address criminal acts or punishment
for them
- QUESTION: "Doesn't this bill give special privileges to
homosexuals?"
ANSWER: No. This legislation merely recognizes the fact that gay men and lesbians
have been unfairly treated, and seeks to restore the individual rights that other citizens
take for granted
Extracted in part from "Standard Answers to Questions"
©1982 by the Right to Privacy Foundation.
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