I have received a copy of the Act passed by the Minnesota Legislature and signed into law by Governor Arne Carlson that amends the state's Human Rights Act to extend certain civil rights protections to persons on the basis of sexual orientation. The Act is 31 pages (legal size), and is too long to type or scan. Here is my synopsis of the provisions of this new Act: (1) The definition of "sexual orientation": Subd. 45 [SEXUAL ORENTATION] "Sexual orientation" means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not include a physical or sexual attachment to children by an adult. (2) Who is exempted from the provisions of the Act with respect to employment: (a) Parents, grandparents, spouses, children, or grandchildren of an employee; [apparently this would allow a parent who runs a family business to discriminate against their child who came out to them - I don't know how else to read this clause.] (b) Employers of domestic servants; (c) A religious or fraternal corporation, association, or society with respect to qualifications based on religion or sexual orientation, when religion or sexual orientation shall be a bona fide occupational qualification for employment; (d) A nonpublic service organization whose primary function is providing occasional services to minors, such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs providing friends, counselors, or role models for minors, youth theater, dance, music or artistic organizations, agricultural organizations for minors, and other youth organizations, with respect to qualifications of employees or volunteers based on sexual orientation. (3) Who is exempted from the provisions of the Act with respect to housing: (a) Resident owners or occupiers of a one-family accommodation who are renting a room or rooms in that accommodation; (b) Resident owners of a duplex who are renting the other half of the duplex. (4) Who is exempted from the provisions of the Act with respect to public accommodation: Employees or volunteers of a nonpublic service organization whose primary function is providing occasional services to minors, such as youth sports organizations, souting organizations boys' or girls' clubs, programs providing friends, counselors, or role models for minors, youth theater, dance, music or artistic organizations, agricultural organizations for minors, and other youth organizations, with respect to qualifications based on sexual orientation. (5) Nothing in this chapter prohibits any religious association, religious corporation, or religious society that is not organized for private profit, or any institution organized for educational purposes that is operated, supervised, or controlled by a religious association, religious corporation, or religious society that is not organized for private profit, from: (a) limiting admission to or giving preference to persons of the same religion or denomination, or, (b) in matters relating to sexual orientation, taking any action with respect to education, employment, housing and real property, or use of facilities. This clause shall not apply to secular business activities engaged in by the religious association, religious corporation, or religious society, the conduct of which is unrelated to the religious and educational purposes for which it is organized. (6) Nothing in this chapter shall be contrued to: (a) mean the state of Minnesota condones homosexuality or bisexuality or any equivalent lifestyle; (b) authorize or permit the promotion of homosexuality or bisexuality in education institutions or require the teaching in education institutions of homosexuality or bisexuality as an acceptable lifestyle; (c) authorize or permit the use of numerical goals or quotas, or other types of affimative action programs, with repect to homosexuality or bisexuality in the administration or enforcement of the provisions of this chapter; (d) authorize the recognition of or the right of marriage between persons of the same sex. Now that we know who is exempted from the provisions of the Act, what does the Act do for gays, lesbians and bisexuals? Minnesota Statutes 1992, section 363.03 describes the discrimination protection that is provided. This section is now revised to include "sexual orientation" as a protected status. Besides sexual orientation, the Act also provides protection on the basis of race, color, creed, religion, national origin, sex, age, marital status, status with regard to public assistance, and disability. I have included references only to sexual orientation, but the same protections apply to these other statuses. EMPLOYMENT: Labor unions may not deny membership or "full and equal membership rights", may not expel a member, may not disrciminate against a member with respect to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities or privileges of employment, may not fail to properly classify or refer for employment or otherwise discriminate against a person or member because of sexual orientation. Employers may not refuse to hire, unreasonably exclude from employment, discharge, or discriminate with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities or privileges of employment because of sexual orientation. Similarly, employment agencies may not discriminate because of sexual orientation. In addition, labor unions, employers and employment agencies may not require or request an individual to funish information that pertains to their sexual orientation. Nor may they require anyone to undergo a physical examination unless for the sole and exclusive purpose of national security or compliance with the regulations or laws of the United States or the state of Minnesota. If a background investigation is required for employment, no attempt may be made to seek and obtain for the purposes of making a job decision information from any source that pertains to the person's sexual orientation unless for the sole and exclusive purpose of national security or compliance with the regulations or laws of the United States or the state of Minnesota. No labor union, employer or employment agency may print or publish a notice or advertisement that relates to employment or membership and discloses the sexual orientation of an employee, member or job applicant. REAL PROPERTY: An owner, lessess, sublessess, assignee, or managing agent, or any of their agents, may not refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons any real property because of sexual orientation. Nor may they discriminate against persons because of sexual orientation in the terms, conditions or privileges of the sale, rental or lease of any real property, or in the furnishing of facilities or services in connection therewith. Nor may they inquire about a person's sexual orientation or publish a person's sexual orientation. CREDIT & FINANCIAL SERVICES: No bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property may discriminate because of the sexual orientation of the applicant. Nor may they make any inquiry into the applicant's sexual orientation or make any special conditions or terms or rates for the financial assistance because of sexual orientation. Real estate brokers or salespersons may not, for the purposes of making a sale, represent that a change relating to sexual orientation has occured or will occur with respect to the sexual orientation of the owners or occupants of a block, neighborhood or area. It is an unfair discriminatory practice to discriminate in the extension of personal or commercial credit to a person, or in the requirements for obtaining credit, because of sexual orientation. PUBLIC ACCOMMODATIONS: It is an unfair discriminatory practice to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of a place of public accommodation because of sexual orientation. PUBLIC SERVICES: It is an unfair discriminatory practice to deny any person access to, admission to, full utilization of or benefit from any public service because of sexual orientation. EDUCATION: It is an unfair discriminatory practice to discriminate in any manner in the full utilization of or benefits from any educational institution, or the services rendered thereby to any person because of sexual orientation. Persons may not be expelled, excluded or otherwise discriminated against as students because of sexual orientation. No inquiry, written or oral, may be made for purposes of admission that elicits or attempts to elicit information about a person's sexual orientation, nor may any educational institution keep any such record about a person. REPRISALS: It is an unfair discriminatory practice to intentionally engage in any reprisal against any person because that person opposed a practice forbidden under this chapter or has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this chapter. Likewise, no reprisal may be taken against a person because that person has associated with a person or group of persons who are of different sexual orientation. A reprisal includes, but is not limited to, any form of intimidation, retaliation, or harassment. BUSINESS DISCRIMINATION: It is an unfair discriminatory practice for a person engaged in a trade or business or in the provision of a service to refuse to do business with, or provide a service to, or contract with, or discriminate in the basic terms, conditions or performace of the contract because of a person's sexual orientation unless there is a legitimate business purpose for the alleged discrimination. In addition to these protections, the Human Rights Commissioner is directed to conduct research and study discriminatory practices based upon sexual orientation, and to develop accurate data on the nature and extent of such discrimination. This Act does not alter any of the provisions of chapter 609 of Minnesota Statutes 1992 or any other law relating to criminal penalties. [Chapter 609 is the Minnesota Criminal Code.] Conclusion: Such discrimination [as outlined in this Act] threatens the rights and privileges of the inhabitants of this state and menaces the institutions and foundations of democracy. ------------------------- Extracted and summarized by: Rick Miller "Basically, I fall in love Carleton College Library with anyone who'll stay in the room Northfield, MN 55057 after I take my clothes off". rmiller@carleton.edu -Steven McCauley, _The Easy Way Out_