Prohibits discrimination in public accommodations on the basis of gender identity or expression, or sexual orientation.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to make state civil rights laws uniform by prohibiting discriminatory practices in public accommodations on the basis of sexual orientation, or gender identity or expression. Presently, employment is one of the few areas in which discrimination because of sexual orientation is prohibited. Just as a person should not be denied a job because of the person's sexual orientation (heterosexual, homosexual, or bisexual), a person should not be denied service at a restaurant or store because of the person's sexual orientation, or gender identity or expression.

SECTION 2. Section 489-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Sexual orientation" means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences. "Sexual orientation" shall not be construed to protect conduct otherwise proscribed by law.

"Gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth."

SECTION 3. Section 489-3, Hawaii Revised Statutes, is amended to read as follows:

"§489-3 Discriminatory practices prohibition. Unfair discriminatory practices which deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, or disability are prohibited."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.