When Gov. Bill Owens rejected a bill that would protect gays and lesbians from workplace discrimination, he refused to hold private employers to the same standard followed by the state government.
Owens on Friday vetoed Senate Bill 28, which would have added sexual orientation to a list of protections from workplace discrimination, saying it would subject Colorado businesses to an increased number of lawsuits.
But the state has its own rules prohibiting discrimination against homosexual state employees. And those have not unleashed a flood of litigation.
During the past five years, state workers have filed about 1,000 claims of discrimination with the State Personnel Board, said Julie Postlethwait, spokeswoman for the state department of personnel.
None of the claims alleged discrimination based on sexual orientation, she said.
“The legislature sent a strong message against discrimination by passing this bill,” said Joe Solmonese, president of Human Rights Campaign, a Washington, D.C., advocacy group. “Unfortunately, Gov. Owens sent a stronger message by vetoing it. This veto is out of step with voters and businesses across Colorado who stand against prejudice.”
Opponents of the bill had argued that an employer might not know the sexual orientation of a job applicant or employee but could be sued for alleged discrimination nonetheless.
Many large Colorado companies, including Molson Coors, Qwest Communications, First DataCorp. and Ball Corp., have policies protecting gays and lesbians in the workplace.
Although Owens killed the bill, he used his veto message to express disappointment with fellow Republicans who during legislative debate said homosexuality is an abomination and suggested that pedophilia is a sexual orientation.
“On a number of occasions this session … the discourse fell far short of what I consider to be an acceptable standard worthy of our great state,” Owens wrote. “It was, instead, marked by coarseness and insensitivity that was simply wrong.”
Owens accused the Democrats of using their power as the majority party to force a hate- crime provision to a larger bill, HB 1014, that made other changes to the state’s criminal laws.
“It is regrettable that such transparent political leverage is being used on important issues that deserve to be evaluated on their own merit,” Owens wrote in a letter saying he would let the law take effect without his signature.
House Speaker Andrew Romanoff said Owens sent a conflicted message to the gay community with his actions Friday.
“He seems to be saying that it’s OK to fire them but not to kill them,” Romanoff said.
“I am deeply, deeply disappointed,” Romanoff said. “The governor’s reasoning is tortured and his conclusion is wrong. Even if there were an increase in litigation, preventing discrimination is more important.”
The Associated Press contributed to this report.
Staff writer Mark P. Couch can be reached at 303-820-1794 or mcouch@denverpost.com.