Gov. Ron DeSantis of Florida (image via official Facebook)
Florida State Senate Considers Comprehensive LGBT Anti-Discrimination Bill
Today, the Florida Senate Judiciary Committee is holding a hearing regarding a comprehensive LGBT anti-discrimination bill.
From Equality Florida:
The committee will hear The Florida Competitive Workforce Act (SB 120) which would prohibit discrimination against LGBT people in employment, housing and public accommodations. This the first time the legislation will be heard by legislators.
“This is a huge breakthrough not only for Florida but for the South and the nation as the third most populous state takes up long overdue, basic protections.,” said Nadine Smith, Equality Florida’s Executive Director. “The Florida Competitive Workforce Act has bipartisan support in both chambers, the support of Fortune 500 Companies, over 400 small businesses and a strong majority of Floridians. It’s time for Florida to pass this common-sense legislation.”
Currently 55% of Florida’s population, in 38 municipalities, are protected at the local level by nondiscrimination laws, but no uniform statewide law exists, leaving many vulnerable to discrimination. The bill would add sexual orientation and gender identity or expression to pre-existing nondiscrimination laws that already cover race, religion, disability, age and other categories.
A recent Harris poll showed half of Americans believe “gay people have the same rights as everyone else.”
Unfortunately, the majority of states — 31 to be exact — don’t have fully inclusive laws in place that protect LGBT Americans from discrimination based on sexual orientation and gender identity.
UPDATE: Time ran out in the Senate Judiciary Committee and no vote was taken on the Florida Competitive Workforce Act (SB 120) today.
But Chair Diaz de la Portilla guaranteed that it will be the first bill heard in next week’s committee meeting and that there will be plenty of time for questions and discussion.
“Having waited almost a decade for the most important civil rights legislation to be considered by the Florida Legislature in years, we can wait just one more week,” said Carlos Guillermo Smith, Equality Florida’s Government Affairs Manager. “We have been assured by Senator Diaz de la Portilla that our bill will be heard in next week’s committee, that it will be first on the agenda, and that it will be given the full hearing and debate the bill deserves.”
Equality Florida & NCLR To FL County Clerks: Follow The Law And Issue Marriage Licenses
Equality Florida and the National Center for Lesbian Rights today issued a joint memo to all 67 Florida county clerks regarding the expiration of Judge Hinkle’s ruling on marriage equality which is set to expire January 5th.
This is the memo’s Conclusion:
Florida county court clerks should follow Judge Hinkle’s ruling and issue marriage licenses to same-sex couples beginning January 6, 2015. The advice provided to the Clerks Association in legal memoranda from a private law firm is incorrect in key respects, including in failing to acknowledge that:
(1) a federal court order is binding not only on the parties to the case, but also on all “persons who are in active concert or participation with” any of the parties;
(2) non-party government officials may choose to comply with a federal district court ruling that a law is unconstitutional, even when they are not technically bound by the ruling;
(3) an unconstitutional law is void and unenforceable; and
(4) county clerks who follow Judge Hinkle’s ruling could not be held criminally liable for doing so because they would not have the required specific criminal intent.
I smile as I had just hit “Post” on what is point number one here 🙂
The memo includes the fact that even IF Judge Hinkle’s order was binding only to Washington County (which it’s not), other clerks would still be free to follow his order because ruling the law unconstitutional provides “controlling precedent” that they are permitted to do so.
Full memo here.