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CHARLESTON -- Christian leaders brought together Thursday by Senate President Mitch Carmichael, R-Jackson, said they were opposed to adding workplace and housing protections for sexual orientation and gender identity, but a majority of public speakers voiced support for the newly named Fairness Act.
Carmichael brought a number of pastors to the state Capitol Thursday from the 4th Senatorial District, which includes Jackson and Putnam counties and parts of Roane and Mason counties.
On Dec. 3, Carmichael participated in a panel discussion sponsored by Fairness West Virginia, a rights advocacy organization for gay, lesbian, bisexual and transgender citizens. Fairness West Virginia is trying to gather support for the Fairness Act, a bill that would add sexual orientation and gender identity to the state Human Rights Act and the Fair Housing Act.
Carmichael has expressed support for the concept but would not commit to sponsoring the bill or shepherding it through the legislative process. Carmichael invited the religious leaders, almost all representatives of various Baptist denominations, to give voice to some of the concerns about the proposed legislation.
"I reached out to several of my friends in the faith-based community who wanted to have an opportunity to also have a panel discussion...in an effort to make sure that we hear all sides of the issue and accommodate everyone's viewpoint as we make policy in the State of West Virginia," Carmichael said. "I think it's important to have substantive dialogue on issues as it relates to public policy."
Speaking for the invited group of ministers was Pastor Jonathan Pinson of Grace Baptist Church in Point Pleasant. Pinson said the group as a whole was against discrimination of all kinds, but feared the Fairness Act would limit religious liberty, increase frivolous lawsuits, and increase insurance costs on businesses.
"I have great cause for concern when my religious liberty is at jeopardy based on decisions and discussions that are being had," Pinson said. "I think that as we consider this type of legislation, we need to understand that that this type of legislation -- this protected class bill as I'll refer to it -- is a threat to small business owners, to their businesses, and to their employees."
According to Andrew Schneider, executive director of Fairness West Virginia, 20 states already have comprehensive laws that protect both sexual orientation and gender identity, none of which have been struck down for infringing on religious liberty.
Since 2007, 12 cities in West Virginia have adopted ordinances protecting sexual orientation, with Beckley being the most recent city. In 12 years, Schneider said, only two lawsuits have been filed by someone alleging discrimination, with both suits having merit.
"One of the most important reasons we need a law for these protections is because there is discrimination in West Virginia and elsewhere against people who are LGBTQ," Schneider said. "These are very serious claims when they happen, and this provides a mechanism for justice just as we would want to provide a mechanism for justice for someone who is discriminated on the basis of religion."
Allen Whitt, president of the Family Policy Council of West Virginia and a candidate in the 2020 Republican primary for U.S. Senate against Shelley Moore Capito, argued that sexual orientation and gender identity are too fluid to be granted specific workplace and housing protections.
"One of those categories of protections is race...If I stood here before you as an African American citizen of West Virginia, it would be readily apparent in almost every case," Whitt said. "If I stand here before you and ask the same question as it would pertain to the definitions -- very broad definitions -- in this proposed legislation, am I gay? Does anybody have even a methodology by which we would determine whether or not a plaintiff attempting to use these proposed protections would be able to prove?"
Chris Walters, an owner of an insurance business and a former Republican member of the state Senate from Putnam County, supports the Fairness Act. He pushed back against Whitt's testimony.
"Mr. Witt brought up an interesting perspective of how can you tell someone's gay, but what religion am I," Walters asked. "Unless I speak about it, you don't know. Can you be discriminated for being religious? Absolutely you can. Should you be? Absolutely not. That's why there's a protection. Same question here. Should somebody who works for an employer be fired based on what religion they believe in? All of us would say no to that."
Other public speakers included pastors from Methodist and Episcopal denominations who support passage of the Fairness Act. They argued that no matter the Biblical interpretations that Jesus Christ instructed Christians to care for those who are downtrodden.
"I can't help but think about those vulnerable populations among us," said Cindy Briggs-Biondi, pastor of the St. Paul United Methodist Church in Charleston. "To say that it's OK for somebody to prevent somebody from working to provide food for themselves...or to say somebody can deny housing because of sexual orientation or gender identity, I can't help but think when that happens, are we in fact denying Christ because Christ comes to us in the friend, but also in the stranger."
"Discrimination and hatred live in our society," said W. Michie Klusmeyer, bishop of the Episcopal Diocese of West Virginia. "In a perfect world, we wouldn't need (the Fairness Act). But in the meantime, we need the government to stand up and protect the people whose voices have been left in the dust."
Steven Allen Adams can be reached at sadams@newsandsentinel.com