Because of the many calls and letters I’ve received on the subject of gay rights, both before and after the legislation was passed by the current Legislature, I feel it necessary to explain my position.

I voted against the gay rights legislation not because I feel it’s right to discriminate against gays or lesbians or anyone else, but because I came to the conclusion that they are a special interest group and not a true minority. Historically, courts and civil rights authorities have relied on three criteria or “touchstones” when considering whether or not to grant protected status to any class of people.

1. As an entire class of people, have they suffered a history of discrimination evidenced by the lack of ability to obtain economic mean income, adequate education, or cultural opportunity?

2. As an entire class, does the group exhibit obvious, immutable or distinguishing characteristics like race, color, gender or national origin, that define them as a discrete group?

3. As an entire class, does the group demonstrate political powerlessness?

When looked at under these criteria, do gays, lesbians and others deserve protected status under the law? Have they, as an entire class, lacked the ability to obtain economic mean income, adequate education or cultural opportunity? Information that I have read, taken from U.S. Census Bureau and other publications, seems to indicate that they enjoy more income, education and more cultural opportunities than do the average American, so it would be difficult to qualify them under the first criteria.

Do they, as an entire class, exhibit obvious distinguishing characteristics, like race, color, gender or national origin, that would define them as a discrete group? The answer to this question should be obvious to anyone because they come in all shapes and sizes and all walks of life, just like the rest of us, and do not have distinguishing characteristics.

Finally, do they, as an entire class, demonstrate political powerlessness? Today many are holding public office and are supported by important political leaders, both statewide and nationally. They are able to also raise large amounts of money to support their causes.

When considering this question in light of these criteria, I have to conclude that homosexuals do not deserve protected status and the answer has nothing to do with discrimination. They simply do not qualify.

Protected class status, under current law, prevents discrimination against people of different color, people of different race, people with handicaps, people of different gender, people with different national origins. Sexual orientation does not even begin to rise to the same level, in my opinion and in the opinion of many others. Adding sexual orientation or any other questionable classification to state and local human rights laws only serves to weaken the laws that were designed to protect true minorities.

The majority of voters living in the 40 communities in my district appear to agree with me on this issue. On the last referendum that went out to the people in the year 2000, 67 percent voted against gay rights.

Dean Clukey, R-Houlton, represents Maine Senate District 34, which includes communities in southern and central Aroostook County.