Friday, February 13, 2009

Human Rights and Wrongs



Human Rights and Wrongs
By Raven Usher

By a margin of one vote the initiative to give sexual preference and gender identity the same legal protections that cover sex, race and religion was denied to the state of Idaho. Yes, this is an obvious blow to equal rights. (Notice I do not say ‘Gay Rights’ or ‘Gender Rights‘, but equal HUMAN rights.) I was upset, although not altogether surprised, by the vote. Then my propensity for playing devil’s advocate flared up. That brought an interesting question to my mind.

Now do not go flying off the handle at me when you see the question. I am not anti anything. I am not trying to work against the cause for equality. It is just a question I had to ask myself. And now I am going to ask you was well.

What did we actually lose?

The initiative would have made it illegal to fire someone because s/he is homosexual or transgender. That should be law everywhere. Firing someone for either of those reasons is cut and dry prejudicial. It is wrong. It should not happen.

But this is Idaho. Any employer can fire any employee for any reason. You can wake up in a bad mood because your honey bunny did not give you any the night before and vent your anger and frustration by firing the first person to cross your path. You do not have to give that person any kind of reason. All you have to do is say, “Get out.”

If that person decides to try to sue for wrongful termination you can walk into the trial, look the judge in the eye and tell him, “I just felt like being bastard.”
And you know what? That is legal.

SO… let us suppose for the moment that the initiative had passed. Or let us say that it gets re-introduced next term and this time it passes. What do we win? We get some LGBT protection in the law books in Idaho. We make a couple of headlines. We pat ourselves on the back for all our hard work. We thank those who voted for the initiative and we congratulate every single member of the LGBT community.

And tomorrow we show our sympathy for the gay man who gets fired even though he is the top performer in his office. We offer to do what ever we can for the young woman (who just happens to be lesbian) who is the only person laid off from the company.

The truth is that as long as Idaho is an “at will” employment state NOBODY is ever going to be secure in their job. It does not matter if we are gay or straight. It does not matter if we conform to sociological norms or step outside lines. If some little-brained self-important moron decides he does not like you there is no protection. None. Nada. Nine. Nothing. Employment laws in Idaho are unfair to every worker. Not just the LGBT’s.

Yes, yes, yes I am very upset that we lost this battle. I strongly support the re-introduction of the initiative. It will be a hugely needed moral victory for all the state’s workers when it happens. Sadly though I do not believe I will see it in the years of working I have left in front of me.

Blessed be.




No comments: