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On July 31, 2005, the Executive Director of the Indiana Human Rights Commission, <br /> Gregory K. Scott, gave his views on gay rights to the South Bend Tribune: <br /> Q, Indiana law does not protect gays and lesbians from <br /> discrimination in employment, in housing,in education, in public <br /> accommodations. What's wrong with this picture? <br /> A. I think it's something that needs to be revisited. I think it is <br /> something that the legislature will have to address. And I think very <br /> much, in light of the governor's executive order regarding employment of <br /> individuals by the state, it seems to me that it is inappropriate to deny a <br /> person certain fundamental rights based on their sexual orientation. . <br /> In 1996 in Nabozny v. Podlesny(docket number 95-3634), the U.S. Court of Appeals <br /> for the 7th Circuit, which has jurisdiction over Indiana, stated that"There can be little <br /> doubt that homosexuals are an identifiable minority subjected to discrimination in our <br /> society." The 7`b Circuit Court contrasted its opinion with and opinion of the 6`s Circuit. <br /> The 7th Circuit Court stated: "To the extent that the 6t'Circuit's position conflicts with <br /> our prior holdings, we are bound by the precedent of this (the 7t') circuit...it does seem <br /> dubious to suggest that someone would choose to be homosexual, absent some genetic <br /> predisposition, given the considerable discrimination leveled against homosexuals." <br /> Finally, in a case involving civil rights protections for gays and lesbians,the United <br /> States Supreme Court concluded: These are protections taken for granted by most <br /> people either because they already have them or do not need them; these are protections <br /> against exclusion from an almost limitless number of transactions and endeavors that <br /> constitute ordinary civic life in a free society." Romer v. Evans, 517 US 620 (1996). <br /> Summary : <br /> Because it has been demonstrated that there is a factual basis of discrimination based <br /> upon sexual orientation and gender identity occurring in South Bend, the standard of <br /> `proving that regulations would remedy identified discrimination"has been met. <br /> M. Conclusion <br /> Based upon the Home Rule statute, the Civil Rights statute, the City's police powers and <br /> case law, the City of South Bend can enact and enforce an ordinance prohibiting <br /> discrimination based upon sexual orientation and gender identity. <br /> 15 <br />