Out In The Mountains : Civil Rights protections lacking

Civil Rights Protections Lacking

by David Curtis

Civil rights have been defined as those rights that belong to every citizen of the state or country. They include, according to the Black's Law Dictionary, the rights of property, marriage, protections by the laws, freedom of contract and the like. Civil rights are also sometimes referred to as those rights capable of being enforced or redressed in a civil action.

In recent years, our governments, both State and Federal, have recognized the need for specific legislation to enforce many of the civil rights of their citizens. As a result, laws have been enacted to enforce civil rights of persons who otherwise would not have had a judicial remedy for violation of their rights. These are the statutes that prohibit discrimination in the areas of housing, voting rights, employment, etc., based upon an individual's race, sex, religion or national origin.

Vermont provides significant protection for the civil rights of its citizens. It has been unlawful for schools, restaurants, stores or other places of public accommodation to refuse service to people based upon their race, creed, color or national origin since 1957 (13 VSA 1451). It is also illegal to refuse to sell or lease real estate to an individual because of his or her race, religious creed, color or national origin (13 VSA 1452). Other statutes protect persons from discrimination based upon sex or marital status in areas such as bank credit cards (8 VSA 1302), bank loans (8 VSA 1211), or retail installment sales (9 VSA 2410). Discriminatory employment practices based upon race, color, religion, national origin, sex or ancestry are also prohibited ( 21 VSA 495).

Vermont does not protect the civil rights of lesbians or gay men in any of these areas. It is quite legal for a person to refuse to sell or lease property to a lesbian or gay man. It is not illegal for an employer to refuse to hire a person or to discharge an employee because of that person's sexual orientation or preference. There is nothing to prohibit a business establishment furnishing public accommodations from refusing to provide those accommodations to persons who are, or are perceived to be, homosexual.

Referring then to those rights which are generally considered to be civil rights set forth in the beginning of this article, it is quite clear that there are no protections afforded to the civil rights of lesbians and gay men. There are no protections for the rights of property. Certainly lesbians and gay men are not entitled to marry. There is considerable evidence to substantiate the claim that lesbians and gay men are not afforded the protection of laws provided to the rest of society, and it is also clear that lesbian and gay men do not have the same freedom to contract that is available to others in the State.

Proposals have been made in some cities, states and in the U.S. Congress to extend the basic protections of the law to the civil rights of lesbians and gay men. No such legislation is pending in Vermont. It would seem that this is a concept whose time has come.