Bill would prohibit government agencies from requiring contractors, such as charter schools, to include sexual orientation in their non-discrimination policies
Baton Rouge -- A bill aimed at prohibiting government agencies from requiring contractors to include sexual orientation in their non-discrimination policies is advancing in the Senate, despite opposition from groups who say the measure could, among other things, allow charter schools to bar gay students from attending. Sen. A.G. Crowe, who filed Senate Bill 217, said the measure is designed to protect the separation of powers and prevent state agencies from expanding anti-discrimination policies to groups that are not protected under state law.
Sen. A.G. Crowe of Slidell "The point of this bill is very, very simple, and that is stick to the law," said Crowe, R-Slidell. "And that's not happening."
But opponents, including Sen. Edwin Murray, D-New Orleans, said the bill could have further-reaching implications, potentially preventing municipalities from crafting their own anti-discrimination policies and allowing contractors, including charter schools, to discriminate against some residents.
"If this bill passes it appears to me that this will be an attempt to say that schools will be able to discriminate against certain kinds of people and certain kinds of students," Murray said, noting that the debate over education policy this year has focused on giving students and parents a choice in education.
Crowe's bill would prohibit public entities from discriminating based on race, religion, national ancestry, age, sex or disabilities when awarding contracts and require that contractors themselves do not discriminate in either employment decisions or in the provision of services based on those six criteria. It would prohibit the state from considering any other factor when imposing anti-discrimination clauses in contracts. It is headed to the Senate floor after being approved by the Labor and Industrial Relations Committee by a 6-1 vote Thursday, with Murray voting against.
"It seems to me the decision of who will be protected by anti-discrimination legislation, whoever it may be, is a policy decision and should be made by the legislative branch and not the executive branch," said Randy Trahan, a Louisiana State University law professor who presented the bill for Crowe. He said later that he did not personally have a problem with those protections, but said including those categories without legislative approval could create constitutional issues. He said he is not representing LSU or its law school.
While most of the debate during the meeting focused on sexual orientation, other anti-discrimination policies cited by supporters of the bill include those that prohibit discrimination based on veteran status and political affiliation.
Supporters of the bill include the Louisiana Baptist Convention, the Conference of Catholic Bishops and the Louisiana Family Forum, a conservative group.
Leslie Ellison, board president at a New Orleans charter school, spoke in favor of the bill and said she could not sign her school's contract because it required agreeing to a non-discrimination policy that includes an expansive anti-discrimination policy.
"It should not place unjust demands on individuals or education leaders," she said, arguing it could conflict with religious freedom. The website of Milestone SABIS Academy in New Orleans lists Ellison as president of its board of directors.
But Ted Baldwin, a member of the Republican Central Committee who spoke against the bill, said of religious organizations seeking to strike sexual orientation as a protected class, "That's not how I see my relationship with Christ, but so be it."
Currently, charter school contracts contain a section prohibiting the schools from discriminating based on a wide variety of factors, including sexual orientation. The list goes beyond the six factors listed under state law and prohibits discrimination based on factors including special needs, proficiency in English or foreign languages, academic achievement and athletic ability.
"If legislators want to present a bill to add a provision to the current state law, they have a right to do that," Crowe said.
Jeff Adelson can be reached at jadelson@timespicayune.com or 225.342.5207.