Lincoln (AP) – The Nebraska Legislature has rejected a measure for the third time in as many years that would outlaw workplace discrimination based on sexual orientation or gender identity.
Senators voted 26-18 March 23 to shelve the bill by Sen. Adam Morfeld of Lincoln, who vowed to bring it again every year as long as he is senator. He pointed to backing from faith leaders, positive public opinion polls and the support of both the Omaha and Lincoln Chambers of Commerce, which have championed the protections for the lesbian, gay, bisexual or transgender community as essential for recruiting and retaining young talent to Nebraska’s limited workforce.
“When it comes to attitudes about LGBT Nebraskans, the Legislature’s clearly out of touch with the opinions of regular Nebraskans,” Morfeld said.
Sen. Bob Krist of Omaha, who introduced a measure to kill the bill, said some opponents objected for religious convictions, but many could not find compelling proof that the state should create another protected class. Others said the protections would burden small businesses.
Krist said Nebraska will likely pass the legislation in a couple years. Twenty-one other states and the District of Columbia have laws banning LGBT employment discrimination.
But Krist said its supporters will need to draft a stronger bill and find harder evidence of prevalent discrimination to convince the Legislature’s conservative majority.
Nebraska senators voted down a similar measure by Sen. Ernie Chambers of Omaha in 2007. In 2014, a nearly identical bill by former Sen. Danielle Conrad could not overcome an eight-hour filibuster by conservative senators. Last year, several opponents quietly refused to vote on the issue, allowing the bill to languish on the agenda. And this year those same lawmakers held their ground, voting to kill the bill during the initial hours of first-round debate.
Sen. Patty Pansing Brooks of Lincoln criticized the Legislature for avoiding debate once again and said the legislation is personal.
“My son is gay. I have watched him be discriminated against in this state,” she said.
Another rejection is a disappointment, but hardly a defeat, said Bruce Bohrer, executive vice president of the Lincoln Chamber of Commerce.
“There are a lot of issues that we deal with in the Legislature that take one attempt, two attempts, three attempts. This happens to be a high-profile issue and it’ll take some time,” Bohrer said. “We’re disappointed that it has to take some time, but there are people of good will in there that are struggling with nerves and courage. It’ll take a while to get them there, and I don’t have any doubt we’ll eventually do this.”
In the meantime, large companies across the state already take the issue seriously and have these same protections in company policy, Bohrer said. Omaha also has an ordinance banning LGBT workplace discrimination.
Danielle Conrad, the executive director of the ACLU of Nebraska, said the group would “continue to explore legal and policy options to ensure no Nebraskan is fired because of who they are or who they love. We will never give up this fight.”
Morfeld said he expects the election to change next year’s vote count with at least seven opponents’ seats up for grabs in November.
“We’re going to have a lot of new faces, with new ideas and attitudes toward issues,” he said.
