Posted by Phil Lee (216.250.238.71) on November 22, 2000 at 17:12:
Ferguson named to panel on sex orientation bias
by Sherry Greenfield, Staff Writer, Nov. 16, 2000
One of Frederick County's most conservative lawmakers, Sen. Timothy R. Ferguson (R-Dist. 4) of Taylorsville, has been appointed to a special commission to study the degree of sexual orientation discrimination in Maryland.
Ferguson, who has publicly opposed any new legislation protecting homosexuals, lesbians and bisexuals, was appointed by the president of the state Senate, Thomas V. "Mike" Miller Jr. to offer a balancing point of view.
In September, Gov. Parris N. Glendening issued an executive order creating the 22-member commission. Members will travel the state taking testimony and input from citizens regarding alleged discrimination based on sexual orientation. Public meetings will be held to solicit input from the business community, nonprofit organizations, religious groups and advocacy groups.
Testimony for the Western Maryland region will be taken from 7 to 9 p.m. on Nov. 21 at North Hagerstown High School.
"This commission is stacked with those who want to see a bill passed," Ferguson said. "I'm outnumbered and I'm also the only Republican on the commission and the only member of the Judicial Proceedings Committee, which has to write the law."
That Senate committee defeated a gay rights bill during the 1999 legislative session at the hands of Ferguson and fellow Frederick County Republican Sen. Alex Mooney (Dist. 3) of Frederick.
Ferguson already predicts that even before he hears testimony his mind will not be changed. Special legislation protecting individuals from discrimination based on sexual orientation should not be passed, he said.
"I don't see any change and I don't see any prevailing argument for legislation," he said.
Ferguson said he would keep an open mind when hearing testimony from gay rights groups and individuals. "My job is to listen on this commission," he said. "There will be no speeches made. I'll save those for my committee."
His concerns rest with the business community and the idea that an individual could sue a small business claiming sexual discrimination.
"I believe it will be very hard to write legislation for gay rights without opening a Pandora's box of abusive litigation against small businesses and housing developments," he said.
Members of the gay rights community disagree with Ferguson's predictions that litigation would increase if sexual discrimination laws were passed.
"In the four jurisdictions where the protection has been granted, there have been no problems," said Cathy Brennen, a board member of the Gay and Lesbian Community Center of Baltimore. "In fact, having this protection in law heads off litigation, because employers want to do the right thing."
Discrimination in employment, housing and public accommodations based on an individual's sexual orientation is prohibited in Baltimore City and Montgomery, Howard and Prince George's counties. This represents 48.5 percent of Maryland's population.
Frederick County commissioners chose not to pursue local legislation until the extent of the problem is defined. Hood College representatives agreed to conduct the study for the county's Human Relations Department.
States such as California, Connecticut, Hawaii, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, Rhode Island, Vermont, Wisconsin and the District of Columbia already have enacted laws banning discrimination based on sexual discrimination.