10:06am: Talkline with Hoppy Kercheval

Carmichael threads needle on Fairness Act

Senate President Mitch Carmichael (R-Jackson) is threading the needle on the Fairness Act, the proposed legislation that would outlaw discrimination against LGBTQ people in employment, housing or public accommodations.

Carmichael participated this week in a panel discussion sponsored by Fairness West Virginia that was designed to highlight support for the act. He spoke in favor of the broad concept of fairness for all people and stated his opposition to discrimination against any group, but he stopped short of supporting the bill.

“My being here is controversial because there is an expectation that this bill will run because of my appearance here,” he said.  “That’s not necessarily the case.” He continued to walk that narrow line during an appearance on Talkline yesterday, refusing multiple times to say he would support the bill.

Carmichael was hearing it from his right flank even before the panel or his radio appearance.  Delegate Jim Butler (R-Mason), who is challenging Carmichael in the Republican Primary in the 4th District race, put out a news release criticizing the Fairness Act and Carmichael.

“This is a move that could give government officials and trial attorneys the ability to punish West Virginia citizens and employers for some obscure perceived gender related claim of discrimination,” Butler said.

So, what does all this mean?

First, Fairness West Virginia has gotten a bump out of this because a leading Republican is publicly leaning in support of their position, even if he won’t specifically endorse the bill.  This issue has also generated a couple of days of news, drawing attention to the fact that West Virginia does not have a LGBTQ non-discrimination law, unlike 22 other states that do.

Second, Delegate Butler has managed to open a potential wedge issue in his challenge against Carmichael, something that is not always easy to do in a Primary, especially when the race is against a powerful incumbent.

Third, Carmichael’s position needle-threading gives him some cover. Like all good-hearted West Virginians, he opposes discrimination against people because of their sexual orientation. However, his unwillingness to lead the charge in support of a bill also makes him less vulnerable to criticism from the far right.

The true test on this issue would come if a bill started to move in the Legislature, but that’s an uphill climb.  It’s hard to imagine the Republicans, who hold the majorities in the Senate and House, agreeing in private caucus consider the Fairness Act.

Even if most Senate Republicans backed the bill, they would be reluctant to put their fellow party members in the House on the spot since there is no chance a majority of House Republicans would support the bill.

Finally, had Carmichael not been on the panel, I doubt the event would have garnered very much attention. No doubt Fairness West Virginia would hope that Carmichael would take a stronger stand in support of the bill, but his presence does elevate the discussion about what should be done to emphasize and codify that West Virginia welcomes and protects all people regardless of their sexual orientation or gender identity.

 

 

 





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