Denying housing based
on sexual orientation would
be illegal under
Cayetano bill

Legislature Directory

By Pat Omandam
Star-Bulletin

Thirty-one years ago, a would-be landlord slammed the front door on Carolyn M. Golojuch and her husband, then an Air Force lieutenant, because they were a military couple searching for a home in Amarillo, Texas.

Today, as the president of a local lesbian and gay support group, she's hoping others don't experience similar civil-rights discrimination, this time based on their sexual orientation.

"Housing and public accommodations are a basic need that should not be denied anyone," Golojuch told state senators yesterday.

The Senate Judiciary Committee on Friday votes on a Cayetano administration bill that prohibits discriminatory practices that deny housing and the use and enjoyment of stores, restaurants and other public accommodations because a person is heterosexual, homosexual or bisexual.

Currently, discrimination based on sexual orientation is prohibited in employment. Senate Bill 1151, however, would add housing and public accommodations to the list, which civil-rights groups favor for uniformity while opponents say it is unconstitutional.

Harry Yee, chairman of the Hawaii Civil Rights Commission, said current civil-rights discrimination laws "ring hollow" if a person's sexual orientation can lawfully be used to deny anyone the right to obtain food, shelter and other necessities.

In the past, the commission has had to reject complaints alleging sexual-orientation discrimination in housing and public accommodations, leaving victims with no recourse because it is not covered in state or federal law.

Commission Executive Director Bill Hoshijo said there's been about 10 complaints of sexual-orientation discrimination in employment in each of the last two years, although those cases have been settled out of court.

Nevertheless, a statewide group of ministers yesterday opposed SB 1151, saying the measure is not in the best interest of the state and may be unconstitutional.

Leon Siu, state director of the Christian Voice of Hawaii, told lawmakers the bill seeks to require society to recognize and approve homosexuality as a designated protected class, on par with race, sex, color, religion, ancestry and disability.

Siu said there's no proof people are being denied access to housing or public accommodations because of their sexual orientation -- whether heterosexual or homosexual.

"Are we trying to fix a problem that doesn't exist?" Siu said.

The group, which represents some 500 ministers from many denominations in Hawaii, believes the measure will have ramifications on religious beliefs and practices in Hawaii. For example, the bill as written makes it illegal for someone with strong religious beliefs to refuse to sell or rent a house to a homosexual.

But since religious beliefs are also protected from discrimination under civil-rights laws, the group wonders who is right?

"Which has the overriding prerogative, sexual orientation or religious belief?" Siu asked.