Subair: Minister broke promise on outlawing sexual discrimination
Families Minister Glenn Blakeney broke his promise to outlaw discrimination based on sexual orientation by the end of 2011, according to outgoing Human Rights Commission chair Shade Subair.Mr Blakeney accepted non-heterosexuals are being prejudiced by Bermuda's existing laws during a meeting with Ms Subair last year, the lawyer told The Royal Gazette.Ms Subair claims the Minister told her new regulations would be implemented by the end of the calendar year to ensure non-heterosexuals have a right to dignified and humane treatment.In a statement shortly after exiting as chair, the lawyer told this newspaper of her regret that Mr Blakeney had failed to stick to his word.“This means that it is still lawful under the Human Rights Act to taunt and harass people because of their sexual orientation,” she said. “It is still lawful under the Human Rights Act for a person to be refused entry to a movie theatre because of their sexual orientation.“As unimaginable as it should be, it is even still lawful under the Human Rights Act for a doctor to refuse to treat a patient because of their sexual orientation.”Responding last night, Mr Blakeney said his Ministry is trying to find a way of amending the Human Rights Act “in the context of Bermuda”.The Human Rights Act makes it illegal to discriminate based on race, place of origin, skin colour, ethnic or national origins, gender, marital status, disability, religious beliefs or political opinions, or because someone has a criminal record, was born out of wedlock, or may have a child born in or out of wedlock.Campaigners have long been calling for sexual orientation to be added to that list.Ms Subair, who was HRC chair from January 2010 to December 2011, recalled yesterday: “Last year the director of Human Affairs and I, as chair, met with Minister Glenn Blakeney to discuss this very issue.“We all accepted that, in reality, the impact of the absence of ‘sexual orientation' from the Act primarily prejudices non-heterosexual persons.“During our meeting with the Minister, he advised that before the close of 2011 we could expect to see regulations implemented which would strike a fair balance between the aggrieved non-heterosexuals' rights to dignified and humane treatment and the rights of others to practice, preserve, and promote their religious beliefs.“Notably, this reflects the Minister's public statements which were published in The Royal Gazette and the Bermuda Sun in November 2010.”She said the regulations would have, for example, entitled a non-heterosexual to equal consideration for employment, the provision of goods and services and the disposal or acquisition of property.“However, to illustrate the limitations to the discrimination rule,” she continued, “the regulations would not have obliged anyone to lease a room in their own household to a person whose lifestyle offended their religious beliefs.“The exemption would allow the preservation of privacy in one's home as opposed to allowing commercial businesses to turn away potential clients on the basis of sexual orientation.”She said religious organisations would also have been covered by an exemption to the discrimination rule.“The Commission embraced the concept of these regulations and were encouraged by the Minister's expressed indication that they would be tabled in the House of Parliament,” she said.“Regrettably, this still has not been done. Nonetheless, I encourage the Minister to act on this as soon as practicable.“While the Commission has been advised that legislative reform regarding other aspects of the Act is somewhere on the horizon, the legislature's failure to act thus far on the issue of sexual orientation is a subject which will, no doubt, continue to be the target of the Human Rights Commission.”Mr Blakeney said in a statement: “Notwithstanding the fact that the former chair of the Human Rights Commission is entitled to her own personal views, I can say that there has been no formal written communication from the Commission to me as Minister regarding the issue of sexual orientation.“Further, as I have stated publicly on previous occasions, the Ministry continues to work closely with the Department of Human Affairs with a view to determining what would be best suited in the context of Bermuda regarding Human Rights issues including the matter of sexual orientation.“As such the consultative process and work continues with a view to proposing appropriate amendments to the Human Rights Act.”The Minister gave his support to new chair Michelle Scott-Outerbridge and thanked Ms Subair and the Commission for their service over the past year.Ms Subair expressed confidence in Mrs Scott-Outerbridge and new deputy chair Marc Daniels, adding that HRC executive officers Michelle Richardson and Lisa Lister have demonstrated a real commitment to the progression of human rights in Bermuda.“I enjoyed a two-year term as chair of the Human Rights Commission,” she said. “I served with a strong and passionate body of Commissioners who brought a healthy variety of life experience and social background to the table.”
Former chair Shade Subair says the Human Rights Act's fundamental purpose is to ensure everyone enjoys the right to dignified treatment.
As a result, during her two years as chair, the Human Rights Commission focused much of its attention on the absence of any reference to sexual orientation in the Act.
However, at roadshows and other public forums, Ms Subair says many people expressed opposition to the outlawing of discrimination based on sexual orientation, for three key reasons:
1) They believe any sexual activity other than between a male and a female is morally offensive and/or religiously wrong. They are concerned their ability to openly criticise non-heterosexual conduct will be compromised, unduly limited or even prohibited if they support any such amendment.Ms Subair argued: “Persons who object to non-heterosexual lifestyles on a religious or moral basis are entitled to maintain and promote their views.“Disagreeing or even despising alternative sexual lifestyles has nothing to do with the much needed amendments called for by the Commission.“For example, fornication is held to be a sin in many religious codes. However, it is unlikely that the average reasonable member of such a religious doctrine would support a person being harassed; refused accommodation; excluded from a public stores; or refused employment on the basis that the person in question is a fornicator.“Supporting equal and dignified treatment of all human beings does not translate to being in support of non-heterosexual activity. It translates to being in support of kind and loving treatment of all mankind whether that person lives a lifestyle you agree with or not.”
2) They believe non-heterosexual persons ought not to be granted any special legislative rights.Ms Subair argued: “The insertion of sexual orientation into the Human Rights Act is not a special right to be assigned to any one particular category of persons.“For example, as it stands, it is lawful under the Human Rights Act for any organisation or agency to refuse rental accommodation to a person because that person is heterosexual.“We saw this point creatively demonstrated in a newspaper ad published last year which stated that heterosexual persons need not apply to the advertisement posted.“This would equally apply to an employment scenario. If an employer informed a prospective employee that he or she would not be hired because that employer wanted to hire homosexuals or bisexuals only, the Human Rights Act would not be breached by such an outrageous position.“The sought after amendment would not give special rights to any one sexual group- but equal treatment to all.”
3) They believe such an amendment to the Human Rights Act will wrongfully enable lawful homosexual and or transgender marriages.Ms Subair argued: “The requested changes to the Human Rights Act would not have anything whatsoever to do with matrimonial matters. Further, the legal framework would have no effect on the existing legal framework for adoption and fostering of children.”
