Why is it necessary?
Through its Human Rights Law, New York State has adopted a policy banning discrimination against groups of citizens who clearly face widespread social antagonism and unequal treatment. Unfortunately, lesbians and gay men are not covered. When hostility prevents them from holding a job to support themselves or their families, finding a suitable home of their choice, or being able to access the services of public businesses because of certain characteristics, the State has drawn the line and declared certain treatment off limits. Clearly, lesbians and gay men are such a group. There are many cases where social antagonism against lesbians and gay men has led to many being denied and fired from a job, harassed in the workplace, faced with a "glass ceiling," harassed and faced with eviction by their landlords, steered away from certain areas when looking for a home and otherwise treated as second class citizens solely because of their sexual orientation.

Aren't lesbians and gay men already protected by the law?
No. Neither federal nor state law bans sexual orientation discrimination in employment, housing, public accommodations, credit or education. Nor have the state or federal courts interpreted existing law to protect lesbians and gay men against such discrimination. While some municipalities have passed anti-discrimination laws, they are limited and without the force and effect of state law.

Doesn't the act give lesbians and gay men special rights?
No. As with the rest of the human rights law, all this act does is mandate equal treatment and create an equal playing field. It is the means used by state legislatures for decades to provide for equal treatment of certain groups of citizens who are treated unequally.

Won't this act create a slippery slope towards banning discrimination based upon eye color, etc.?
No. The categories in the Human Rights Laws reflect identifiable social groups of citizens who, as a group, clearly have faced a history of unequal treatment. They are not frivolously determined categories. The historical experiences of lesbians and gay men include social and legal ostracism and marginalization. Lesbians and gay men themselves are the targets of groups who feel that they should be denied the rights of other citizens.

Won't this act mandate same-sex marriage?
No. The act amends only the human rights and executive laws and does not touch the marriage or domestic relations laws of these state. In fact, the act explicitly states that it does not include same-sex marriage.

Will the act create a quota system requiring employers to hire lesbians and gay men?
No. Nothing in the act creates a duty of affirmative action for the hiring of lesbians and gay men. It requires only that lesbian and gay employees, like their straight peers, be treated fairly and based upon their merit and abilities as employees.

How does the act apply to religious groups?
Nothing in the act alters the religious exemptions that already exist in the human rights law. Nor does the act supersede a religious institution's First Amendment right to hire and fire according to the tenets of its religion.

Does the act apply to me if I want to make some extra income by renting out a room in my home?
No. The current human rights law exempts single family and owner-occupied two family homes. Nothing in this act would alter that exemption.

Do employers support equal treatment for lesbians and gay men?
Yes. In fact, corporations have taken the lead in acknowledging that discrimination is bad for business. A growing number of employers, from Fortune 500 to smaller businesses, have adopted their own policies of non-discrimination. While these policies reflect the good intentions of hundreds of employers in the state, they are not legally enforceable. Only the sexual orientation non-discrimination act would ensure that lesbian and gay employees receive equal treatment.

Do New Yorkers support equal treatment for lesbians and gay men?
Yes. Every poll taken in the State of New York in recent years shows overwhelming support for equality for lesbians and gay men. Even the Republican Party-commissioned poll shows that 65% of New York Republicans favor the Sexual Orientation Non-Discrimination Act.

Have other states passed sexual orientation non-discrimination laws?
Yes. Twelve states, most clustered in the Northeast region of the country, and Washington D.C. have enacted similar comprehensive non-discrimination laws. They are: California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, Rhode Island, Vermont and Wisconsin. Additionally, 20 New York counties, cities and other localities have adopted some kind of anti-discrimination measure that includes sexual orientation, including: Albany County, City of Albany, Village of Alfred, Town of Brighton, City of Buffalo, Town of East Hampton, City of Ithaca, Nassau County, New York City, Onondaga County, Town of Peekskill, City of Plattsburgh, City of Rochester, Town of Southhampton, Suffolk County, City of Syracuse, Tompkins County, City of Troy, City of Watertown, and Westchester County.

Where do Republicans stand on this act?
Of the above twelve states that have passed sexual orientation non-discrimination laws, seven have been signed by Republican governors. The law recently enacted in New Hampshire was passed by two Republican houses of the state legislature. In New York, the Assembly bill has gained Republican support in each of the last 5 years that it has been passed, including the support of the Assembly Minority Leader. Governor Pataki has publicly indicated his intention to join his colleagues in other states and sign the act if passed by the Senate.