Athens one of 13 Ohio cities with sexual-orientation discrimination law

by Kristine Phillips

As Ohio University officials debate the pros and cons of domestic partner benefits, the Ohio Revised Code does not give them much guidance.

Ohio is yet to have a statewide anti-discrimination law that includes sexual orientation. Sex is cited in the discrimination specifications of the Ohio Revised Code, but the code does not contain any stipulations regarding sexual orientation.

Athens is one of the 13 cities in Ohio that directly addresses the issue in its city code, according to Lambda Legal's Web site (http://www.lambdalegal.org).

Under the Athens City Code section that deals with unlawful discriminatory practices, the code prohibits discrimination based on sexual orientation in employment, public accommodation and housing.

The four-year-old ordinance's strength has not been tested in the courtroom because Athens has yet to see any court cases concerning discrimination based on sexual orientation, said Athens City Prosecutor Lisa Eliason.

This leaves those protected by the law uncertain of its strength.

It is difficult to decipher how solid the law is because it has never been tested, but the first laws have to come from the local level, said Mickey Hart, director of the Lesbian, Gay, Bisexual Transgender Program at OU.

The Athens law instructs an individual who believes he or she has been discriminated against to contact the Athens Community Relations Commission for an investigation. Because of the lack of litigation the city does not have members appointed to the commission, said Mayor Ric Abel.

A company, organization or leaser may be found guilty of a misdemeanor and fined for each day that the discrimination occurs, said Ray Hazlett, assistant city service safety director. The plaintiff and the defendant are brought together and a written reconciliation is composed.

The ordinance itself has a long history.

It was passed on Dec. 15, 1997 after much controversy in the city. There was uproar from the religious community in Athens because sexual orientation could become part of the city code.

People who believed that the ordinance was against the word of God sat outside the Athens City Building in protest, said Councilwoman Nancy Bain, D-3rd Ward, who served on council then.

 "A small number of people thought the world would end," she said. "Many religious people were actually praying over the council at the time."

But some local religious organizations supported the ordinance.

"It is an excellent ordinance," said The Rev. Jan Griesinger, director of United Campus Ministry. "Human rights, dignity and respect is important for all people."

In 1989, then-Mayor Sara A. Hendricker vetoed it, but council members passed the ordinance over the veto. It went to referendum, a popular vote by the people of Athens, where it was defeated. Five years ago it was brought back, said Bill Bias, Athens City Council President who then was a member of council.

Bias was one of the council members who pushed for the ordinance, but they all had long, involved discussions on the issue, Bain said.

"There was no overwhelmingly awful situation that precipitated (the ordinance), no smoking gun or bleeding psyche," she said. "That class needs protection as much as others."