Homophobia, AIDS Hysteria, and the Americans with Disabilities Act September 2003 University of Iowa School of Law

1
Homophobia, AIDS Hysteria, and the Americans with
Disabilities ActSeptember 2003University of
Iowa School of Law

• Professor Ruth Colker
• Michael E. Moritz College of Law
• The Ohio State University

2
A Forgotten Minority
Business Week, Senator Dole, and Senator Harkin
on eve of passage of ADA Individuals with
disabilities are the last minority in need of
civil rights protection.
3
Transsexual/transvestite Issue
Doe v. United States Postal Service, 1985 WL 9446
(D.D.C. 1985) Case permitted to go forward to
trial under Section 504 under theory that her
transsexuality was a disability.
Blackwell v. United States Department of
Treasury, 639 F. Supp. 289 (D.D.C. 1986)
Survived motion to dismiss arguing that being a
transvestite was a disability. Judgment entered
for defendant on the merits. Affirmed on appeal.
4
Helms Prior Legislative Attempts
Helms mentioned Blackwell during consideration of
Civil Rights Restoration Act of 1988 arguing that
schools and day care centers would be prohibited
from refusing to hire a transvestite.
Fair Housing Act Amendments of 1988 Helms
insisted on explicit exclusion of transvestites.
Amendment succeeded, 89-2 vote in Senate
5
Homophobia Text

• Section 12211
• Definition of disability does not include
  homosexuals or bisexuals.
• Does not include those with sexual behavior
  disorders such as transvestites and transsexuals

6
AIDS Hysteria Text
Unsuccessful Chapman amendment It shall not be
a violation of this Act for an employer to refuse
to assign or continue to assign any employee with
an infectious or communicable disease of public
health significance to a job involving food
handling.
Representative Chapman I am not here to say
that there is any evidence that AIDS can be
transferred in the process of handling food but
exclusion is needed in the real world with real
people who have real businesses that create real
jobs.
7
Legislative History
The ADA is the last ditch attempt of the
remorseless sodomy lobby to achieve its national
agenda before the impending decimation of AIDS
destroys its political clout. Their Bill simply
must be stopped. There will be no second chance
for normal America if the ADA is passed.
-Representative Dan Burton (R. Indiana), October
1989
Minority report of the Senate Committee on Energy
and Commerce We believe that the ADA is a
homosexual rights bill in disguise.
8
Is this History or Reality?
If the Supreme Court says that you have the right
to consensual gay sex within your home, then you
have the right to bigamy, you have the right to
polygamy, you have the right to incest, you have
the right to adultery, you have the right to do
anything. - Senator Rick Santorum (R. Pa.), April
2003