Opinion: Pro sports should ban sexual orientation questions

Doug Pensinger / Getty Images

Colorado tight end Nick Kasa was asked about his romantic interests during interviews at the recent NFL Scouting Combine.

University of Colorado tight end Nick Kasa is trying to get drafted so he can play for an NFL team. But does he “like girls?" It is surely nobody’s business but his own.

That is why he deserves a lot of credit for wondering earlier this week why representatives of NFL teams asked about his romantic interests during interviews at the recent NFL Scouting Combine.

The Combine is an annual jamboree for college athletes trying to make it into the NFL. After teams gather information on a player from game tapes, medical records and background checks, it's a one-shot opportunity for wanna-be draftees to show what they're made of, with a battery of physical, psychological, and personal tests. How they fare at the Combine often determines whether and how early they get selected in the draft -- and whether they get the contracts and signing bonuses that can reach into the tens of millions of dollars.

While players' romantic reputations have been widely discussed in years past -- including the basketball stars Magic Johnson and Kobe Bryant and football stars such as Tim Tebow -- there hasn't been such public attention paid to their sexual orientations.

The story about Kasa being asked about his preference for pink or blue was quickly followed by a lot of Internet buzz, mostly heated speculation about whether Notre Dame star linebacker Manti Te'o might be gay. Te'o has been the focal point of headlines for many weeks about his involvement in a hoax that included a fake girlfriend. It is such a bizarre story that no amount of speculation or innuendo about his private life has been kept off-limits. That goes for the media, the web and NFL teams.

Two execs confirm teams want to know about Te'o's sexuality

It may be hard to believe, but there is currently no federal law that protects people from being questioned about their sexual orientation when seeking a job. Any protections that do exist can be found in state laws, collective bargaining agreements and individual company policies. In Indiana, where the Combine takes place, sexual orientation is not a protected status for private employers. Only 16 states prohibit discrimination based on sexual orientation or gender identity. While the growing public acceptance of same-sex marriage indicates that further protections are likely to be established, there may yet be a wrangle over what to do if information obtained in states where questions about gender preference are legal is later used to discriminate against a potential employee.

The NFL is launching an investigation to determine whether Teo, Kasa, or any other players were asked a question about their sexual orientation. Representatives of several teams have gone on record to say that they did not and never would ask such a question.

But if a team official did ask an athlete ‘who do you love?’, let's hope that it wasn't out of a misplaced fear that drafting a player who likes girls, boys or both could become a distraction to the team – either in the locker room, in the press, or in the public sphere. After dealing with criminal acts such rape, spousal abuse, drug addiction and repeat drunk driving in various professional sports leagues over the years, having a gay athlete on a squad should be the least of any manager or coach’s worries.

As the NFL seems intent on doing, all professional sports should make it clear: No probing of any athletes' sexual orientation will be allowed.  Any use of such information, however acquired, should result in a severe penalty for the team that does it. Period.

But even if things are resolved in this instance, there are still larger questions to tackle. In particular, would enough of our society truly support a sports star who is openly gay? Would it make a difference if the player was a projected first-round pick like Te'o or a likely late-round pick like Kasa? Would teams find it easier to manage issues that arise around an athlete who is openly gay than one who isn't?

Since homosexuality is still considered relevant to employment eligibility in some states where teams play, these questions point to the need for the NFL and all sports organizations to back change in federal law.

Sports has – admittedly, often grudgingly -- led the way for society regarding race, gender, and disability. However, compared to companies such as Google and Citibank now urging changes through the U.S. Supreme Court, sports leagues and teams have lagged when it comes to helping change outdated perceptions about sexual orientation.

But sports can and should do what is right by making it clear that sexual preference has no role to play in who gets to play.

Related:

Video: Can NFL teams hold sexual orientation against players?

League will investigate questioning of Nick Kasa at Combine

Clint Eastwood to Supreme Court: Drop Calif. ban on same-sex marriage

Arthur L. Caplan, Ph.D., is the head of the Division of Medical Ethics at NYU Langone Medical Center. Arthur R. Miller, CBE, is a leading scholar in the field of American civil procedure and a University Professor at New York University and Chairman of The NYU Sports & Society Program. Lee H. Igel, Ph.D., is an associate professor in the Tisch Center at NYU.

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Swaggering, hedonistic jock culture is going to make sure this is an issue for a LONG time. For them, it's not important if a player can play, it's only important to keep out anyone not exactly like themselves.

  • 6 votes
Reply#1 - Fri Mar 1, 2013 9:13 PM EST

The really wierd thing is that scientific studies have concluded that both the military and major league sports all have about twice the percentage of GBLT people than the general population. This is because as pre-pubescent young men, gay kids realize they are somehow "different" before thay even know anything except sex. In order to compensate, they tend to engage in more "macho" activities, including playing "war" and sports. As they mature and their sexual orientation becomes obvious to them, they are left with skills and interests in the military and in sports. No wonder that so many gay men go into both --- they are generally better qualified.

  • 8 votes
#1.1 - Sat Mar 2, 2013 10:42 AM EST
Comment author avatarMr. BinkieExpand Comment Comment collapsed by the community

Sorry, but I have a problem showering with guys who get hard looking at my ass and penis. They should shower with the girls!

  • 1 vote
#1.2 - Sat Mar 2, 2013 8:54 PM EST

Mr. Binkie

Sorry, but I have a problem showering with guys who get hard looking at my ass and penis.

As you clearly said: YOU have a problem.

What makes you assume gays will will want to stare at your nether bits in the shower. Maybe they just want to shower.

  • 9 votes
#1.3 - Sun Mar 3, 2013 10:58 AM EST

Like it or not, homosexuality is incompatible in a team environment where shared facilities such as lavatories and showers are common. I know some would insist otherwise but the definition of homosexuality is a sexual attraction to members of the same gender. There's no escaping that.

There are people that would insist men and women's facilities be separated for this very reason, that attraction thing, but think it would be fine for homo's to be in the company of heterosexual men in the nude. Does that make sense?

I'm sure there were/are some homosexual men playing football, and they manage by concealing their sexual orientation, and if they can do this, good for them.

    #1.4 - Sun Mar 3, 2013 12:27 PM EST

    Willy and Binkie - let's turn the tables. A straight man in a locker room shower full of 250-300lb women. Hmmm, not very attractive.

    Attraction is a lot more than looks, like brains and personality, and most football players don't have any of these. Shower rooms everywhere will be safe, don't worry, nobody will be staring at the tiny packages shrunk by 'roid use, as they will be hidden by large guts anyways.

    • 2 votes
    #1.5 - Sun Mar 3, 2013 2:42 PM EST

    MmmMmmBeer 1.5

    How do you know what turns on all men? Some men are indeed excited by large women. That said, you presume to claim some insight regarding what is attractive to everyone. Definitely not reality.

    • 3 votes
    #1.6 - Sun Mar 3, 2013 3:38 PM EST

    The AFL moved it's championship from New Orleans due to it's Jim Crow ways. Shame we have regressed.

      #1.7 - Sun Mar 3, 2013 3:54 PM EST

      Why do all you straight guys above ^^^ think that your so hot they the gays just wont be able to control themselves around you in a locker room. Get over yourselves!

      • 5 votes
      #1.8 - Mon Mar 4, 2013 5:03 AM EST

      Everyone is speculating like these are totally new circumstances: gay men in locker rooms with strait men.

      I wonder how the WNBA, a league with known lesbians, handles these circumstances?

      • 2 votes
      #1.9 - Mon Mar 4, 2013 10:14 AM EST

      Um.... there are many countries all over the world where sports teams have openly gay players and they share locker rooms. They don't care because the rest of the world is sexually evolutionized. We are so twisted and backwards when it comes to anything of a sexual nature - hell naked statues becomes items of controversy in this country. Get over yourselves and make an appointment with your shrink to find out why you're terrified of a gay in the lockeroom - most likely you're questioning your own sexuality because truly straight men don't give a crap. Besides, you should be flattered that anybody looks your way cuz chances are you're overweight and disgusting.

        #1.10 - Mon Mar 4, 2013 5:23 PM EST
        Reply

        Typical of a business that sells Noritenos For Life gear. How does the league get away with all their illegal practices like forcing adults to delay their careers.

        • 1 vote
        Reply#2 - Fri Mar 1, 2013 10:18 PM EST

        I'm just glad pro sports has seen fit to ban these "queries" once and for all.

        • 6 votes
        Reply#3 - Sat Mar 2, 2013 8:26 AM EST

        I disagree. The NFL should not allow heterosexuals to be on the team.

        • 2 votes
        #3.1 - Sat Mar 2, 2013 2:33 PM EST

        There is no "ban" funny man

          #3.2 - Mon Mar 4, 2013 5:04 AM EST

          dip-@!$%#s dont you guys know being gay is a team sport

            #3.3 - Mon Mar 4, 2013 11:36 AM EST
            Reply

            The Combine is like a job interview, so why do they get to break the laws that no job interviewer can?

            • 5 votes
            Reply#4 - Sat Mar 2, 2013 8:30 AM EST
            Reply

            It's nobody's business what consenting adults do in their bedrooms. I do not consider sexual orientation when I draft players on my fantasy team...

            • 6 votes
            Reply#5 - Sat Mar 2, 2013 11:18 AM EST

            Hmm "Don't Ask, Don't Tell" rule for pro sports okay (pro sports being a metaphor for the military -- maybe that's why love to play the national anthem at the beginning of such public events? selfish promo for nationalism i.e. loyalty to the state). They need to also keep in mind that there is some flexibility to human sexuality and so sexual preference may change over time.... I am not a big fan of secrecy in general. I think secrecy (in the form of social pressure by others and shame) causes for harm over the long-run than transparency. Maybe the idea that one is obligated to answer such questions might be a bit much, but once the answer becomes known over time by others, that shouldn't adversely affect their careers, I'd say. Since anything non-heterosexuality is socially stigmatized, maybe assume that all athletes are homosexual. Would that work?

            • 2 votes
            Reply#6 - Sat Mar 2, 2013 1:29 PM EST

            Hey Alfred I'm not for secrecy but I'm all for privacy.

              #6.1 - Mon Mar 4, 2013 5:26 PM EST
              Reply
              Comment author avatard in arizonaExpand Comment Comment collapsed by the community

              I would not want to be in the locker room or shower with a gay person. They are perverted to start with and I would not want them around me or looking at me in various stages of undressing or nude.

              • 2 votes
              Reply#7 - Sat Mar 2, 2013 6:09 PM EST

              I trust you realize that if you have ever been in a locker room, you have aready been around gay people while you were "...in various stages of undressing or nude".

              • 5 votes
              #7.1 - Sat Mar 2, 2013 7:05 PM EST

              Sorry, but I think you're safe. I don't think you are nearly as irresistable as you think you are. Get over yourself. I bet you think all the girls are staring at your amazingness as well.

              • 5 votes
              #7.2 - Sat Mar 2, 2013 9:16 PM EST

              Make sure you don't find yourself staring at they. Plus what makes you think that you are worth staring at?

              • 2 votes
              #7.3 - Mon Mar 4, 2013 5:05 AM EST

              Um...statistically speaking there are more heterosexual perverts since there are more heterosexual males raping people than any other demographic on planet Earth you moron.

                #7.4 - Mon Mar 4, 2013 5:32 PM EST
                Reply

                We cannot allow "sexual orientation" to become a federally protected class.

                First of all, it's too ambiguous, unverifiable, and open to abuse.

                Secondly, it would mean that you'd be asked invasive personal questions every time you apply to a job or school -- as you are now about your ethnic background (because somewhat ironically, the implementation of a class protection always results in requirements to invasively gather personal statistics, not to prohibit the asking the invasive questions).

                • 1 vote
                Reply#8 - Sat Mar 2, 2013 7:35 PM EST

                Or do you thing that maybe that would stop people from asking since everyone would be protected.

                • 1 vote
                #8.1 - Mon Mar 4, 2013 5:06 AM EST

                Of course we can. And being fired from your job for being a homosexual, which is perfectly legal in several states - would be illegal at the federal level which it should be. Are you kidding us?

                  #8.2 - Mon Mar 4, 2013 5:28 PM EST

                  No we can't. Have you thought what it would mean to IMPLEMENT protections based on sexual orientation ?? It would mean that the employer ASCERTAINS people's sexual orientation. Can you IMAGINE being questioned about such a personal subject and grey area as part of your job -- it's ABSURD. Not well-defined, and highly open to ambiguity and blatant abuse.

                  Liberals never think things through.

                  Yes, an employer should be able to fire you for any reason whatsoever -- or no reason at all; just like you can quit for any reason. I live in an at-will work state.

                  • 1 vote
                  #8.3 - Mon Mar 4, 2013 8:26 PM EST
                  Reply

                  Oh my god, this is terrible he asked if he like girls. Call in national security. Bring up the National guard. This is for Congress to have a six month meeting over.

                  What the heck is going on in America with this minor nonsense, making it national news? Paying a Pro Football player a million dollars to play football. They give blood test for drug use, they try and learn everything about the dudes background history. Already I see a dude that will cause problems where the team will be affected. I would send him home and not hire the dude. For a owner, the team is important as a whole, not solely for some wimp that cries because he asked if he like girls.

                  • 1 vote
                  Reply#9 - Sun Mar 3, 2013 3:50 AM EST

                  really deb?

                    #9.1 - Mon Mar 4, 2013 5:29 PM EST
                    Reply

                    Bit of an issue isn't it? Could make a case that gender signs should be off the restrooms and locker rooms too. The point of it was you didn't want men/women together due to the sexual attraction issues. A hetero guy should be able to use the womens locker room and claim that his gender "is none of your business". You can infer someone is a male but that is profiling.

                    So how do you accomodate someone's privacy, my right not to be potentially ogled by someone turned on my body, with a gay person's right to participate? Bit of an issue.

                      Reply#10 - Sun Mar 3, 2013 8:39 AM EST

                      Hey now, if I'm going to be the center for a football team, I want to be sure all that quarterback behind me wants is the ball.

                      • 2 votes
                      Reply#11 - Sun Mar 3, 2013 9:19 AM EST

                      You forgot the final "s".

                      • 2 votes
                      #11.1 - Sun Mar 3, 2013 11:02 AM EST

                      And with that statement, you have disproven your earlier contention - that a gay man, showering with other men, might only be wanting to shower. Thanks.

                        #11.2 - Sun Mar 3, 2013 4:59 PM EST

                        Thanks for what, pointing out your total lack of sense of humor?

                        • 2 votes
                        #11.3 - Mon Mar 4, 2013 11:04 AM EST

                        Uncommon Pastor banned for using gay slurs. No, thank you.

                          #11.4 - Tue Mar 5, 2013 2:39 PM EST
                          Reply

                          I have to laugh at those who think that a gay player is not going to be looking at the other naked male athletes in a sexual way. What guy can tell you, with a straight face anyway, that he can walk into a club house/shower filled with partially clothed/naked and good looking/physically fit females and only be interested in showering. Anyone and everyone would laugh at that claim. It's ludicrous. But some of those same people try to convince us that it would not be the exact case with gays and male locker rooms/showers. What a joke. You wouldn't put/allow men into the women showers ... don't allow gays into the (occupied) men's showers.

                          • 1 vote
                          Reply#13 - Sun Mar 3, 2013 4:57 PM EST

                          Wow - mega-homophobes!!

                          As a straight woman, I dress/undress/shower with several lesbians.(Nurses in a clean environment) They aren't looking at my junk....they are looking at their own! PARANOID, much? Men are ridiculous!

                          • 3 votes
                          Reply#14 - Sun Mar 3, 2013 10:32 PM EST

                          Have some more Kool-Aid!

                            #14.1 - Mon Mar 4, 2013 1:31 AM EST

                            LOL, these so-called men are paranoid and think they will get their bones jumped in a shower. What a bunch of hyper ego inflated babies. OHHH The Gay Guy Looked at Me Arrrgggghhhhh!!!!!

                            What a bunch of babies.

                            • 3 votes
                            #14.2 - Mon Mar 4, 2013 5:10 AM EST
                            Reply

                            Many thought it was all right to fire people because they were not politically correct in recent years but now the same social partisans are nervous because the discrimination may go in another direction.

                            The seeds of the new fascism were planted during the 1970s and now are branching out. Like the KGB the thought police are on duty.

                              Reply#15 - Mon Mar 4, 2013 1:30 AM EST

                              You straight men out there! Are you going to allow the progressives and other fascists on the media shut you up and oppress you because of what you think? The progressives know how to bully because they can make a lot of noise with the liberal media on their side but they are cowards through and through with nothing inside. Back down now and they will not stop.

                                Reply#16 - Mon Mar 4, 2013 1:37 AM EST

                                You're a coward if you think a gay guy is going to jump your bones in a shower filled with mostly other straight guys.

                                Stop being a whiny little boy and grow up!

                                • 1 vote
                                #16.1 - Mon Mar 4, 2013 5:12 AM EST

                                freedom1st (why do people who oppose equal rights use "liberty", "freedom" or "patriot" in their screen names?),

                                Seriously? Straight men are being oppressed? And bullied?

                                Have you been alive longer than, I don't know, a year?

                                When others demand rights and freedoms, that does not constitute oppression.

                                  #16.2 - Mon Mar 4, 2013 11:38 AM EST
                                  Reply

                                  One has to understand NFL bureaucrats are living in the past, out of touch with the way the real world works, only concerned about how much money they can make off the fans. No NFL bureaucrat has a clue what Leadership is. No NFL bureaucrat really cares about their players health and welfare, only how much money they can earn. No NFL bureaucrat needs to pry in to the personal lives of their players without also sharing their entire personal life with the fans, answering the same stupid questions they ask players. No wonder the NFL bureaucracy is the laughing stock of the world, total baboozes.

                                    Reply#17 - Mon Mar 4, 2013 3:16 AM EST

                                    @Porter... Unverifiable?? LOL!! You really think a straight man is going to tell everyone he is gay to gain some kind of advantage? What advantage?? Discrimination?

                                    • 1 vote
                                    Reply#18 - Mon Mar 4, 2013 7:01 AM EST

                                    Absolutely. Treating this "gay" thing like a race is giving every obnoxious rich white guy the benefit of race-like civil rights and job protections -- it's a mockery of civil rights.

                                    • 1 vote
                                    #18.1 - Mon Mar 4, 2013 8:31 PM EST
                                    Reply

                                    Absolutely any company or organization should be barred from asking about a person's private life. It is not their business unless your private life interferes with your job. If it does not, they do not need to know about it.

                                    • 2 votes
                                    Reply#19 - Mon Mar 4, 2013 8:02 AM EST

                                    The standard answer to that question should be "none of your damn business!"

                                    • 3 votes
                                    Reply#20 - Mon Mar 4, 2013 8:12 AM EST

                                    C'mon man....really?.....just give the gay guys all warm towels before the game and let's play some football !!!!!

                                    • 1 vote
                                    Reply#21 - Mon Mar 4, 2013 10:26 AM EST

                                    Really is their anything more homoerotic than the center QB exchange?

                                    Really no big deal here, but to suggest that the owner of a private football team would be prohibited from asking any person questions relating that persons backround is ludicrous. The owners are ponying up millions of dollars to these athletes.

                                      Reply#22 - Mon Mar 4, 2013 11:31 AM EST

                                      No, there is nothing "homoerotic" about football, or the center QB exchange. You have an overly active and perverse imagination.

                                      • 1 vote
                                      #22.1 - Mon Mar 4, 2013 8:29 PM EST
                                      Reply

                                      Am I the only @!$%#ing dude that sees this way?!?!...As for this recent incident/question I'm pretty sure the "Askee" asked Nick Kasa that specific question BECUZ the dude looks a little soft, tender, too pretty etc. That question wouldnt be asked to a "Bubba" looking kind of dude.

                                        Reply#23 - Mon Mar 4, 2013 12:50 PM EST

                                        The NFL should ban IQ's under 110. That means about 98% of them would have to leave the NFL.

                                          Reply#24 - Mon Mar 4, 2013 1:19 PM EST

                                          Hey Wet Willy- You are correct sir!! I am one of those guys that is into "thicker" women, not overly thick but just the right kind of thickness is my cup of beer! I myself am in mostly good shape.

                                            Reply#25 - Mon Mar 4, 2013 2:05 PM EST

                                            Aww come on - don't be so politically correct. I mean what the heck - the potential players can be asked that question, but 100% of the NFL League management and staff and 100% of the owners and their staffs answer the question first.

                                            I mean - the answer to the question just HAS to be pertinent for all of those people, too. Right?

                                              Reply#26 - Mon Mar 4, 2013 3:12 PM EST
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