CHARLESTON, W.Va. -- A new version of legislation prohibiting discrimination on the basis of sexual orientation - which proved too controversial to vote on last year - advanced from the Senate Judiciary Committee on Monday.

Although the premise of the bill (SB238) is simple - prohibiting housing or job discrimination on the basis of sexual orientation - senators debated the bill at length Monday afternoon.

A year ago, a similar bill passed the Senate 32-0 with little controversy, but died in the House when the Rules Committee pulled it off the active calendar, following efforts by the West Virginia Family Foundation to label it as a gay-rights measure.

On Monday, senators raised questions about how provisions in the bill would be enforced.

Sens. Mike Hall, R-Putnam, and Don Caruth, R-Mercer, noted that the protected classes under current state human-rights law - race, sex, age, ancestry or disability - can be determined based on objective standards.

Hall and Caruth argued that while a person's race, sex or age is generally immediately discernable, a person's sexual orientation is not.

"As a landlord, I wouldn't know what your sexual orientation is," said Caruth. "We would have no reason to know that person was a member of a protected class until they filed suit against us."

Likewise, Hall questioned whether a person could bring a discrimination claim against a would-be landlord or employer because he thought he was denied housing or employment because of sexual orientation.

"The other standards are objective. These are subjective. ... 'I think the person thought I was this or that,'" Hall said. "It almost makes it unworkable."

Sen. Evan Jenkins, D-Cabell, noted that the state Human Rights Commission would have to establish evidence of discrimination on sexual orientation just as they do for other types of discrimination.

He said employers or landlords generally don't advertise that they discriminate, but discrimination is established through patterns.

"Usually the commission establishes a pattern of discrimination. ... [Such as if] no one over 40 is ever hired at a particular company, or out of seven employee terminations, six of the employees were black," he explained.

The bill exempts religious institutions and nonprofit organizations whose tenets, policies or positions oppose homosexuality.

Nick Casey, lobbyist for the Roman Catholic Diocese of Wheeling-Charleston, said the church supports the exemption.

The exemption also would protect organizations such as the Boy Scouts, which could not be sued for barring gay scoutmasters.

While the bill was protested last year as being a gay-rights measure, Sen. Mike Oliverio, D-Monongalia, noted it also could apply to heterosexuals if they were denied housing or employment because they are straight.

The bill goes to the full Senate, where it will probably provoke more debate this year than last.

"The bill might have passed last year 100 percent, but I think it was because it wasn't thoroughly discussed last year," said Sen. Frank Deem, R-Wood.

Senate Judiciary Chairman Jeff Kessler, D-Marshall, disputed claims that he had sneaked or rammed the bill through the Senate last year, noting that senators had eight full days to discuss and review the measure from the time it was taken up in Judiciary to the time it passed the Senate.

Also Monday, the committee advanced a bill (SB318) extending the law enforcement authority of the Division of Protective Services - the Capitol Complex police - beyond Kanawha County.

Currently, division officers do not have jurisdiction beyond Kanawha County to investigate crimes, such as threats against legislators or state officials made by persons living in outlying counties.

The bill would also give Protective Services authority to investigate crimes committed at state offices or facilities outside of Kanawha County, if requested by the agency.

Reach Phil Kabler at ph...@wvgazette.com or 304-348-1220.