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Proposed Equality Act finds support among MPs

Families Minister Glenn Blakeney brought a take note motion to the House of Assembly on a proposed Equality Act for Bermuda.

MPs debated a take note motion on a proposed Equality Act in the House of Assembly on Friday night, among the issues raised was the need to give homosexuals protection against discrimination. The take note motion was brought to the House by Families Minister Glenn Blakeney, who made an opening address on the subject to fellow MPs before the debate got underway. The first part of our report on the debate was published in Saturday’s Royal Gazette, here is the concluding part of the report:Estates Minister Michael Scott delivered a lengthy and passionate speech about the importance of protecting homosexuals.“I support the removal of discrimination against homosexuals with two simple words, sexual orientation, within the framework of our laws so that there’s no discrimination,” said Mr Scott.“Discrimination on the grounds of sexual orientation is as unlawful as discrimination on the grounds or religious beliefs or race or age.“Omitting people who are gay or lesbian from the protection of the law is wrong.”Mr Scott urged Mr Blakeney to move ahead with speed, warning: “If we delay any further, we push people further into the closet.”He noted Bermuda’s reluctance to accept homosexuality meant gays are in more danger of diseases such as HIV, because they don’t have the confidence to make their good health a priority.“If you undermine confidence, it undermines many other things,” said the Minister. “Like being robust in defending yourself and protecting yourself and your HIV status.”He said for people to be unwelcome in churches or clubs because of their sexual orientation is “a ridiculous, nonsensical debate to be having in the 21st Century”.Hostility in Bermuda is not as intense as the southern States of America, he said, adding: “Therefore it just does support the argument that as legislators we really do not need to have the sexual orientation discussion hanging out there.“I make the point there as strongly as I can as it’s most important. The message it sends to the gay and lesbians in our community is an important one, it’s a critical one. It’s one that says you have status in our community like everyone else in our business, in your office, in your school ground. We are a mature democracy and it needs to be in place.”Noting Mr Burgess had said he would follow the church, Mr Scott said failure to protect homosexuals is “utterly and totally in contradiction with the criminal code”.He concluded: “This Minister urges the most urgent admission of legislation that adds age discrimination and sexual orientation discrimination to the books.”One Bermuda Alliance MP Patricia Gordon-Pamplin called for Government to bring a white paper or legislation on the issue so we can “well and truly get on with it”.“Sexual orientation is something that each and everyone has,” said Mrs Gordon-Pamplin.UBP leader Kim Swan said MPs have a duty to ensure everyone is entitled to the same rights and privileges.He said someone may discriminate against somebody because of their sexual orientation, and then realise they need that person’s help later as an ambulance driver, doctor or lawyer.And he said two of the House’s most senior MPs, National Security Minister Wayne Perinchief and Shadow Seniors Minister Louise Jackson, have repeatedly shown the value of experience.“I do not feel God has created anyone on this earth that is not entitled to the same rights and privileges that I enjoy,” said Mr Swan.Former Premier Dame Jennifer Smith said she had experienced discrimination herself in the days of segregation, saying: “Let me state that I am unequivocally against discrimination in all its forms.”She said she had not supported Renee Webb’s proposal to add sexual orientation to the list of protected grounds on the Human Rights Act six years ago, but that she understood the concerns of those who believe they are not protected.“I believed then and I believe now that the Human Rights Act, as it is written, covers the rights of all,” said Dame Jennifer.She added: “Even though I’m a member of the AME and even though I feel it’s fine as it is, I will be willing to vote for that change because those who feel it know it.“It’s on me to ensure that we are fair and equitable in all our dealings.”Backbencher Terry Lister spoke about age discrimination, saying he believes more should be done to keep seniors in work where they can continue making valuable contributions.PLP Whip Lovitta Foggo said she respects Bermuda’s diversity and understands the need to respect the views of each individual.“We need to put something in place that treats every individual of our society on a level playing field,” she said.Health Minister Zane DeSilva spoke in favour of protecting seniors, saying as people’s health improve they live longer.He said outlawing all discrimination is a straightforward goal everyone should agree with, adding: “I don’t mind what anybody does in their home. That’s entirely up to them. I’m not in that category — I have some of my best friends that are gay.”Government MP Marc Bean said it took three hours to decide if he would even speak on the motion. “If it’s one thing I think people who do know me to be, it is as a person who is willing an able to speak on any particular issue in regards to human relationships and human behaviour.“Regardless of what my opinion may be I am going to address this topic and this motion,” said Mr Bean. After addressing his concerns on age discrimination he said: “I will declare my interests, I’m a heterosexual, I love women; in fact I could be accused in my youthful years of loving or being overly loving; it is what it is.But on the issue of sexual orientation he said “tolerance does not equate of acceptance of behaviour”. Mr Bean said homeowners have the right to rent their properties or not rent to whomever they wish.“If I am a landlord and I don’t want gay persons in my apartment, I think it’s their right to deny anyone the right to rent their apartment because they are responsible for that mortgage, it’s their house and it’s their property.“Now if people have an issue with it people can go to the bank and get a mortgage and get their own house and do what they want in the privacy of their own home, you’re free to do it.“In other words, gay people can go and buy a mansion, and they could have the biggest rainbow circle of gay parties and ‘basements’ on their property. And even if their next door neighbour don’t like it or even if that next door neighbour is a bishop of a church, that bishop has got to suck it up; well maybe not suck it up but you understand what I’m saying.“Mr Speaker I’m going to be frank, there has been in the past and there are today in this honourable chamber, members, honourable members, who are openly or not so openly gay.“Everyone in this chamber contributes equally, and we all regard and respect one another as human beings; you don’t see us getting up and having debates based on one’s orientation.“That’s the whole essence of having respect for people and tolerance. That doesn’t mean that I have to accept the behaviour, but tolerate you under the golden rule of loving my neighbour as thyself,” said Mr Bean.“I don’t think there is any need to actually alter the Human Rights Act.”Premier Paula Cox was the last to speak on the issue. “Political will is not demonstrated by standing still, and in the Throne Speech of last year we clearly nailed our colours to the ballast and indicated the need to address this issue.Ms Cox said she “dug out” her research paper she did when the former member Renee Webb brought her motion. “I think the Mid Ocean was still alive at that stage, my position as a lawyer was clear then to Ms Webb.“She didn’t like it but I said that I thought that widening it so that you just had blanket sexual orientation was not appropriate, but I did think that you shouldn’t have the ability to have discrimination based on employment, accommodation and services.“You cannot in my view discriminate on those grounds as far as I’m concerned. I take a dynamic view of the law and would argue if I were in court that our laws should already inherently address that.“But I take the position of the technical officers who say that unless it’s clearly spelled out it isn’t covered. So I think that we need to be clear, and I think this motion again is one that is a tipping point and is one that is also suggesting where the community is considering and is aware of where we should be going.“I believe that we have put a motion down, it has certainly, from all accounts, engendered wide discussion and I’m sure the discussion will continue even outside of this place. And I think Bermuda prides itself on being a democratic society, it prides itself on fairness and seeking to provide opportunities, and you can’t have the situation on George Orville’s ‘Animal Farm’ where some people are more equal than others.“To be quite honest it is not our job to get into people’s bedrooms and especially we shouldn’t be using that as a way to disqualify or disentitle people in terms of employment or accommodation and services.“That isn’t the tipping point and I think that we as a community must take a position that you have to have the political will and you cannot choose to simply stand still,” said Ms Cox.“I am very glad that I was able to make my contribution and draw my line in the sand on both the issue of age discrimination and sexual orientation.“I commend the Minister for listening, I'm sure there is an inevitable outcome that results from listening, having had this debate and this motion. And I want to thank him for affording this Honourable House the opportunity to continue the dialogue and continue the conversation that we have had in a much more private environment.”