“The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.” -U.S. Supreme Court Justice Anthony Kennedy, Obergefell v. Hodges
Last Wednesday, for the first time in nearly a decade, the Ohio legislature allowed for proponent testimony in support of HB 160, the Ohio Fairness Act, sponsored by State Representative Nicki Antonio (D-Lakewood), which would add "sexual orientation" and "gender identity or expression" to Ohio's nondiscrimination laws.
Alana Jochum ‘10, Executive Director of Equality Ohio, Ohio’s statewide LGBTQ education and advocacy organization, and C|M|Law Professor Matthew Green played - and will continue to play - central leadership roles in this historic effort.
This important bill will bring equality to the LGBTQ community under Ohio's legal protections in housing, employment, and public accommodations. Ohio is one of 28 states lacking basic nondiscrimination protections for LGBTQ Ohioans in these key areas. That means that, despite the historic U.S. Supreme Court ruling in Obergefell v. Hodges that allows same-sex couples to marry, it is generally legal to fire, evict, or deny services to an LGBTQ person simply because of who they are or whom they love.
Professor Green, an expert in employment law and a scholar in how nondiscrimination laws impact the LGBTQ community, deftly advocated for the bill and shared his expertise in the face of challenging questioning from the Committee members. Professor Green teaches and writes on the subject of sexual orientation and gender identity employment discrimination. His most recent article discusses the intersection between Obergefell v. Hodges and federal employment anti-discrimination laws. He teaches an employment law seminar that focuses on these issues.
Professor Green testified, “Most people are often surprised to learn that LGBT people are not currently covered by anti-discrimination laws. The surprise is reasonable considering the momentous changes in LGBT rights in recent years. It stands to reason that if LGBT people have the right to marry the person they love, they should not then lose their job or home for exercising that right. Yet, that is exactly what the law permits in Ohio."
Alana Jochum noted, “It was a privilege to witness Professor Green give his testimony. We are so lucky to have people like Professor Green on our faculty who not only teach our students the law and how to advocate effectively, but who are willing to share their legal expertise and advocate for change to decision makers in moments of opportunity.”
Dr. Maurice Stinnett, Vice President of Diversity, Inclusion, and Community Engagement at Cleveland State University (CSU), also testified in support of the bill. CSU is a proud member of Ohio Business Competes, a coalition of more than 300 businesses in Ohio advocating for statewide nondiscrimination protections for LGBTQ people in employment, housing, and public accommodations. Our legal community has likewise come out forcefully in support, including the Cleveland Metropolitan Bar Association, Columbus Bar Association, Ohio Bar Association, and dozens of law firms. If you'd like your law firm to join Ohio Business Competes, click here.
Alana Jochum testified, “It comes down to this: everyone, no matter where they live, should feel safe and that they can provide for their family if they work hard. That’s the essence of all of this, the common chord among the diverse voices I seek to bring into this room because they cannot otherwise be here––out in public about who they are––absent the very protections we seek today.”
Alana Jochum and Professor Matthew Green are leading a movement for change in a moment of opportunity. They epitomize our motto, Learn Law. Live Justice.
Have a great week.
For copies of past messages, please go to this link: Monday Morning Messages.
My best,
Lee