Those involved in the debate over Westbrook’s gay rights ordinance three years ago are still divided over how effective or necessary it has been.
The ordinance Westbrook voters approved three years ago is similar to a law that voters all over the state will decide Nov. 8. The citizen’s veto referendum, known as Question 1, asks voters if they want to reject a Maine law signed by Gov. John Baldacci this March protecting people from discrimination in employment, housing, education, public accommodations and credit based on their sexual orientation. A “yes” vote would repeal the law, while a “no” vote would keep the law intact.
The law is similar to the Westbrook Human Rights Ordinance approved unanimously by the City Council in July 2002. That ordinance was also challenged by a referendum question in November of that same year, and it was upheld by a 3,316-to-3,126 vote.
Like the Westbrook ordinance, the state law is designed to prevent discrimination based on sexual orientation. The Westbrook ordinance and the state law allow someone who thinks they have been discriminated against to file suit. If the court finds in their favor, the victim of the discrimination then has the ability to get a court injunction to get what they were illegally denied. Even if the state law were to be defeated next week, the Westbrook ordinance would remain intact, according to City Administrator Jerre Bryant.
As in 2002, the debate over gay and lesbian rights has been an emotional one. People opposed to the law point to the fact that no lawsuits have been filed charging discrimination as evidence that the law is unnecessary. However, those in favor of the law counter by saying the lack of lawsuits means people are obeying the law, and it should be kept in place.
Westbrook School Health Coordinator Sandy Hale, who is a lesbian, said she thinks laws like the Westbrook ordinance and the state law have helped protect gays and lesbians from harassment. Hale spoke out in favor of the Westbrook ordinance in 2002, and even though she has not had any problems in the city, she is glad the ordinance is in place.
“It makes me feel safe and very proud of Westbrook,” she said.
Paul Volle, a Westbrook resident and the former head of the Christian Coalition of Maine, said he feels the same way he did in 2002: Laws like the Westbrook ordinance are unnecessary. “If it was such a necessary law, you would start seeing people in court,” he said. “There isn’t a need because they aren’t getting treated poorly.”
The woman behind the Westbrook ordinance, Rev. Susan Gilpin of the Prides Corner United Congregational Church, took exception to the argument that the Westbrook ordinance was unnecessary. She said since the ordinance was upheld in 2002, she has seen nothing but positive results.
“People who are gay don’t live in fear of losing their jobs,” she said.
Westbrook resident Bob Morrill, who spoke out against the Westbrook ordinance in 2002, also said he thought laws protecting the rights of gays and lesbians weren’t necessary. “I think we’ve come a long way in our society since Westbrook passed a gay rights ordinance, and I just don’t think we need them any more,” he said. “I haven’t heard of any specific situation in town where this ordinance has helped.”
Gilpin started pushing for a Westbrook ordinance after watching her neighbors being forced to move because they were harassed for being gay. “I was ashamed this happened in my community,” she said.
Volle added that he thought the motivation behind laws such as the state law and the Westbrook ordinance was to pave the way for the eventual legalization of gay marriage in Maine.
While she would like to see gay marriage legalized, Hale said the Westbrook ordinance and the state law did not address the subject of gay marriage in any way, shape or form. “The statute does not imply moving toward allowing marriage,” she said.
While great strides have been made, Hale said there are still things that need to be done. She said one of the top reasons for bullying in schools nationwide is because kids are gay or perceived as being gay. Over the years, the Westbrook schools have taken steps to promote tolerance in the schools. Those steps include a school policy barring harassment based on sexual orientation and the establishment of civil rights teams at the schools.
Hale said steps like those are validating for her and she thinks it goes a long way to help students who are gay, lesbian or bisexual feel safe in school and allow them to ask questions or seek help from adults they trust. She said policies like that reflect well on the schools and the city.
“That says a lot that they’re willing to let that happen,” she said.
Send questions/comments to the editors.
