What is "sexual orientation" discrimination?

Discrimination is the unlawful and unfair treatment of a person based on traits such as his or her religion, race, ethnicity, national origin, sex or gender, physical or mental disability, or age. It arises from laws or practices that confer privileges on a certain class of people or deny privileges to a class because of such traits. It is different treatment of people, often made on the basis of prejudice. An act of discrimination must be intentional or done with purpose.

"Sexual orientation" encompasses homosexuality, heterosexuality, or bisexuality. A person's sexual orientation can be perceived; for example, a male employee's co-workers may believe that he is homosexual and subject him to teasing and taunting. The employer, although aware of the unfair treatment, may do nothing. As a result, the employee may very well be the victim of unlawful sexual orientation discrimination.

While there are a number of federal, state, and local anti-discrimination laws, many of these laws do not make sexual orientation discrimination illegal. Some states have enacted laws prohibiting "homosexual conduct," including sodomy.

2003: The United States Supreme Court overturns state sodomy laws

In 2003, the United States Supreme Court ruled that laws criminalizing acts of sodomy and oral sex between consenting adults of the same gender were unconstitutional because the laws violated the right to privacy. The stunning decision overturned a 1986 decision in which the Supreme Court--by a narrow margin--had upheld a state sodomy law.

After the 2003 decision, most states struck down sodomy laws. About a dozen states, however, have kept their "homosexual conduct" laws on the books.

Citing the right to privacy, the Governor of Arizona refused to veto the Arizona Equity Act of 2001, thus repealing state laws that prohibited any sex acts that were "not included for procreation."

Change in Supreme Court could affect 2003 ruling

As of 2004, it is anticipated that one or more of the current Supreme Court justices will retire during President George W. Bush's second term. Civil rights advocates say that if conservative justices are appointed--as predicted--the new Supreme Court might be unwilling to strike down "homosexual conduct" laws.

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