How to Talk to the Middle about State Non-Discrimination Laws

Protecting gay and transgender people against discrimination is a common ground principle that is supported by voters across the political spectrum. Sixty percent of Americans think discrimination against gay and transgender people is a problem—with more than half that number saying it is a major problem.¹ And 79% say they support protecting gay and transgender people from discrimination in housing, employment, and public accommodations.²³ It’s clear that Americans in the middle already support non-discrimination protections, but in the face of a heated legislative battle, they may need some reassuring. This memo explains the best way to keep them in the supportive column: by focusing on the core American values state non-discrimination legislation would further. It also offers advice about how to deal with attacks around religious liberty and how to answer some of the tougher questions that might be raised by opponents.

How to Talk to the Middle about Non-Discrimination

When talking to voters in the middle about proposed non-discrimination laws, there are four key things to emphasize about such laws: they adhere to American values, create a level playing field, and nearly always exempt both religious organizations and small businesses.

• Non-discrimination laws further key American values.
  • The Golden Rule: In this country, we believe we should treat others as we’d like to be treated. These laws don’t ask anyone to change their religious beliefs—just to treat people with respect in the workplace or in a business which is open to the public.
  • Freedom: Freedom means freedom for everyone, and none of us should have to worry about being turned away or fired just because of who we are.
  • Meritocracy: All employees should be rewarded and punished based on how well they do their jobs, and nothing more.
• These laws create a level playing field. They don’t create or imply any rights for gay and transgender people that other citizens don’t already have. Everyone deserves be evaluated based on the quality of their work, and no one should fear being turned away from a business because of who they are.
• The rules for the religious community won’t change. These laws often totally exempt houses of worship and many other religious organizations—so they won’t have an impact on churches or other religious institutions.
• Small businesses won’t be affected. Most state non-discrimination laws include an exemption for small businesses. If this is the case, emphasize it.

How to Talk to the Middle about Religious Liberty

Many times, opponents of state non-discrimination laws will bring up concerns about religious liberty. When pushing back against overly broad religious liberty exemptions or “conscience clause” proposals, there are four things to keep in mind.

• Focus on values. Arguments against overly broad religious liberty exemptions often devolve quickly into legalistic language or phrases like “separation of church and state.” Instead, it is more persuasive to focus on core American values like the Golden Rule, freedom, and meritocracy. It is also important to emphasize that religious freedom is a fundamental part of America, and we value our religious beliefs. But those beliefs don’t allow us to discriminate against others in a business. Freedom means freedom for everyone, and none of us should be turned away from a business just because of who we are.
• Reinforce control. The lightning speed at which public opinion is moving on equality for gay and transgender Americans can leave some people searching for a way to feel grounded and in control, rather than feeling like changes are being imposed upon them. In order to reach those folks, it is important to acknowledge that many Americans are on a journey towards becoming more accepting of gay and transgender people. Remind them that we aren’t asking anyone to change their personal beliefs, just to treat others as we’d like to be treated in public places.
• Highlight taxpayer dollars. Americans draw a firm line when tax dollars are in play—if an organization is receiving state or federal funds to provide a service, Americans believe that group should have to serve all comers—not be able to pick and choose among qualified applicants or deny services to some people they don’t like.
• Don’t hit people over the head with discrimination. Americans in the middle think that turning away or firing someone just because of who they are is discrimination—but they don’t need you to spell it out for them. There is no need to make explicit analogies to the discrimination African Americans suffered in the Civil Rights era or to cite other historical examples. When it comes to discrimination, messages are more persuasive when they are short and sweet and leave a bit to the imagination.

How to Answer Tough Questions

Won’t this hurt the business community, which is already struggling in the current economy?

The business community is well ahead of the rest of the country on this issue. As of April 2013, 88% of Fortune 500 companies have implemented policies prohibiting discrimination against gay and lesbian employees in their workplaces, and 57% also protect transgender employees. And leaders in the business community see these policies as a key component of their financial success. John Hassell of Hewlett-Packard Co. explained his company’s non-discrimination policies this way: “One word: competitiveness. It’s not just a nice-to-do thing. It’s a requirement to be successful in the private sector.”

Does this bill mean that employers will be forced to hire someone who is gay or transgender or to meet certain hiring quotas?

No. Non-discrimination laws just ensure that employment decisions are based on what they should be: merit. Employers can hire the person who will do the job best—whether or not that person is gay or transgender and regardless of how many other gay employees they’ve hired. Under these laws, people will be hired and fired based on qualifications, not quotas.

How will this affect employer dress codes?

It won’t. Employers may still require workers to abide by gender-specific dress codes which ask all employees to dress in an office-appropriate manner, as long as they allow transgender employees to follow that dress code as it applies to the gender to which they have transitioned.

Will this create a flood of unnecessary lawsuits?

No. Data show that in states that already have non-discrimination laws, gay employees don’t file claims for sexual orientation discrimination any more than female workers file claims for sex discrimination: 5 complaints for every 10,000 gay workers. The average annual number of sexual orientation complaints for all states with these laws was a mere 1,200, compared to 11,500 and 13,800 for race and sex respectively.

What does it mean to transition to a new gender?

A transitioning person is one who has committed to living as the other gender, by taking on the dress, grooming, and other characteristics of that gender, and sometimes also through surgery or other medical treatment. If someone makes the decision to transition to the other gender after they are hired, they must notify their employer of the transition in order to be protected by the law.

What does this mean about bathrooms?

We all want public bathrooms to be safe. Passing non-discrimination laws that protect gay and transgender people won’t affect any of the public safety laws already in place to protect all users of these public spaces. Sixteen states and the District of Columbia have already enacted public accommodations laws that do this without problem. Thirty-one percent of Americans live in states where this is already the law, and if it can work for them, it can work for us.

Conclusion

Americans in the middle already support state non-discrimination laws—you just need to keep them from being peeled off by opponents. The most persuasive way to frame these conversations and push back against attacks is to focus on the traditional American values at the heart of non-discrimination laws—the Golden Rule, freedom, and meritocracy.