Tuesday, February 15, 2011

The Leader Sponsor of HB235 endorses FULL equality...almost

Hold your horses!

Delegate Ariana Kelly (District 16), lead sponsor of HB235 (gender identity anti-discrimination)

"I support this bill because it is a common sense measure that will protect Marylanders from discrimination based on sexual orientation or gender identity just as you cannot discriminate based on religion or race. Montgomery County has had anti-discrimination law since 2007. It has been implemented successfully, with no problems. It is time for all residents of our state to be treated fairly and equally under the law. I am glad the bill's supporters will be in Annapolis tonight to speak with their state legislators and show how strongly people believe in this measure."

Delegate Kelly, in what can only be described as clueless or completely deceitful ( I firmly believe it to be the former) states "will protect Marylanders from discrimination based on sexual orientation or gender identity just as you cannot discriminate based on religion or race. Montgomery County has had anti-discrimination law since 2007. It has been implemented successfully, with no problems. It is time for all residents of our state to be treated fairly and equally under the law."

Delegate Kelly, are you suggesting HB235 provides protections equal to Montgomery County and Baltimore City's protections? That HB235 offers protections for gender identity at the same level of protection we grant race and religion?

Let's have a look.

In Montgomery County , 23-07 states:

AN ACT to:
(1) prohibit discrimination in housing, employment, public accommodations, cable
television service, and taxicab service on the basis of gender identity; and
(2) generally amend County laws regarding discrimination.

By amending
Montgomery County Code
Chapter 8A, Cable Communications
Section 8A-15

Chapter 27, Human Rights and Civil Liberties
Sections 27-1, 27-5, 27-6, 27-10, 27-11, 27-12, 27-16, 27-19, and 27-22

Chapter 53, Taxicabs and Limousines
Section 53-313




Baltimore City's 02-453 states:




(clicking the image above will open the full document)

Let's see what Maryland's own laws on Race and Religion offer...

20-302

This subtitle does not prohibit the proprietor or employees of any establishment
from denying service to any person for failure to conform to the usual and regular
requirements, standards, and regulations of the establishment, provided that the
denial is not based on discrimination on the grounds of race, sex, age, color, creed,
national origin, marital status, sexual orientation, or disability.



20–304.

An owner or operator of a place of public accommodation or an agent or
employee of the owner or operator may not refuse, withhold from, or deny to any
person any of the accommodations, advantages, facilities, or privileges of the place of
public accommodation because of the person’s race, sex, age, color, creed, national
origin, marital status, sexual orientation, or disability.

20–401.

This subtitle does not prohibit any person that is licensed or regulated by the
Department of Labor, Licensing, and Regulation from refusing, withholding from, or
denying accommodations, advantages, facilities, privileges, sales, or services to any
person for failure to conform to the usual and regular requirements, standards, and
regulations of the licensed or regulated person, provided that the denial is not based
on discrimination on the grounds of race, sex, color, creed, national origin, marital
status, sexual orientation, or disability.

20–402.

A person that is licensed or regulated by a unit in the Department of Labor,
Licensing, and Regulation listed in § 2–108 of the Business Regulation Article may not
refuse, withhold from, or deny any person any of the accommodations, advantages,
facilities, privileges, sales, or services of the licensed or regulated person or
discriminate against any person because of the person’s race, sex, creed, color, national
origin, marital status, sexual orientation, age, or disability.

I think its plainly clear HB235 is severely flawed.

Delegate Kelly, if you feel this way and support The Executive Director of Equality Maryland, Morgan Menese-Sheets in her statement "This is a historic day for all Marylanders as we stand here advocating for our community's most basic rights - the right to be who you are.." then your only course of action is to amend HB235 in the image of HB1022 before public hearings.

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