Date: Thu, 23 Apr 1998 16:15:38 -0700 From: Jean Richter Subject: 4/23/98 P.E.R.S.O.N. Project news 1. OK: More on bill proposing gay teacher ban 2. NM: Oasis Magazine joins ACLU's internet access lawsuit ============================================================ Gay Oklahoman, April 15, 1998 gaylyok@aol.com Oklahoma Blasted Over Vote Attacking Gays by Paula Brown A national organization dedicated to reporting activities by the far right has blasted Oklahoma's House of Representatives for passing a bill targeting gay and lesbian support employees in Oklahoma public schools, calling the action "blatant discrimination." The measure would bar school districts in Oklahoma from hiring "known homosexual[s] or lesbian[s]" and would extend to contractors of school districts. The measure was adopted by the House as an amendment to Senate Bill 1394 barring the employment of sex criminals. The bill had passed the Senate and had moved over to the House where the added language was introduced by Rep. Bill Graves, who has a long history of attacking the gay community through amendments such as these. However, the House adopted the measure unanimously. "This bill is a disgrace, the bottom of the barrel, the lowest of the low. It's the sort of thing you might expect from 1930s Germany, but not in the United States in the 1990s. The sole effect of this legislation, were it to pass, would be to mandate prejudice and discrimination against part of the community. I hope with all my heart that the legislature will ultimately reject this bill," said People For the American Way President Carole Shields. "This proposal reveals the dark and ugly heart of the anti-gay movement. For some time now, anti-gay leaders have maintained that they don't hate gays and lesbians, they just don't want to afford them 'special rights.' This bill gives the lie to that claim. Holding a job is not a 'special right,' it's an American right. And this bill violates it," she said. Shields was born and raised in Oklahoma and attended Oklahoma Baptist University. Her father, Grady Cothen, is a Baptist minister, who pastored for many years at Olivet Baptist Church in Oklahoma City. "Not only is this bill unconscionable, it is also unconstitutional. Mark my words, this bill is a lawsuit waiting to happen," Shields said, adding, "The Conference Committee should not stoop to such inhumane lows as to accept this amendment, and should strip it from the bill." Under the amendment, a school district would be required to disregard entirely whether a gay or lesbian job applicant was qualified for the job in question and, based solely on that person's sexual orientation, could not hire that person as support personnel such as a secretary, janitor or computer technician. In addition, gay and lesbian employees of private companies hired by the school district to perform all manner of services, such as repairing copier machines, delivering food, and mowing the grass could not work on school premises and therefore could not perform their jobs. "Undoubtedly, and as the House clearly intended, the private companies could not afford to hire them," Shields said. The bill would also prevent the State of Oklahoma from contracting with any vendor who recognized domestic partnerships in employee benefits.The amendment was added on to a Senate bill intended to prevent convicted sex offenders from obtaining jobs in schools, but Shields and other human rights activists adamantly deny there is any connection. "The specter of gay men as pedophiles, for example, is a stereotype long disproven by the fact that most pedophiles are heterosexual men," she said. In an impassioned letter sent to every member of the Oklahoma House and Senate, Shields wrote: "It is worth remembering that before the Nazis rounded up and murdered German Jews, they prohibited them from holding various types of jobs, and ultimately from participating in the professional life of the country, based solely on who they were. Legislative proposals such as the House amendment to S.B. 1394 spring from the same type of prejudice and hate against a minority group. They relegate members of that group to second class citizenship and threaten to tear apart the very fabric of a decent society." Shields defended her comments by reminding legislators that discrimination mandated by this bill has no legitimate basis and could not withstand even the most minimal level of scrutiny by the courts. "In Romer v Evans, the Supreme Court has made clear that legislation motivated by such obvious animus toward gay men and lesbians cannot stand. This decision struck down Colorado's infamous anti-gay Amendment 2 in 1996. As the Court reaffirmed in Romer, 'the Constitution neither knows nor tolerates classes among citizens,'" she said. On the homefront, ACLU of Oklahoma Development Director Michael Camfield agreed with Shields, saying, "We've done this all before. It was known as the Helms case." The measure, authored by Rep. Mary Helms and passed by the Oklahoma legislature over two decades ago, specifically targeted gay and lesbian teachers. It was this measure that brought about the formation of Oklahomans for Human Rights, which later separated to become the Oklahoma Gay and Lesbian Political Caucus in Oklahoma City and the Tulsa Oklahomans for Human Rights. The bill, which was signed into law, was ruled unconstitutional in 1985. Local civil rights attorney Bill Rogers litigated for the ACLU of Oklahoma in National Gay Task Force v. the Board of Education of the City of Oklahoma City, which ultimately went before the United States Supreme Court. The first round in the Helms case was lost before the Western Court of the District of Oklahoma, and was appealed to the U.S. Tenth Circuit Court of Appeals, which reversed the lower court's ruling. In that ruling, the Tenth Circuit Court wrote: "We reverse the judgment of the District Court in holding that the statute punishes 'homosexual conduct,' as that phrase is defined in the statute to include 'advocating ... encouraging or promoting public or private homosexual activity' is unconstitutional." The decision was appealed to the Supreme Court, where it was argued by noted Harvard Law Professor Laurence Tribe. Camfield recalled the case, noting, "One of the Supreme Court Justices was removed for health reasons, and the decision came to a tie of four to four. In the case of a tie, the ruling issued by Circuit Court of Appeals is allowed to stand. This means the decision is still applicable to legislation here in Oklahoma." When asked if this new measure could find its way back to the Supreme Court, Camfield said there was "some likelihood" of that happening, although he noted, "It's a long way to the Supreme Court. Typically, they like to settle matters that have conflicting decisions between Circuit Courts of Appeal, so I don't know how they would respond to hearing it again. Of course, they are not obligated and could simply decline to hear it." Rogers, who litigated the first case, said if this current measure passes with the amended language, it stood a good chance of being ruled unconstitutional based on the same reasons as the previous one against the teachers, plus other reasons including the vagueness of its language. Keith Smith, a local lobbyist and human rights activist, said the best way to intervene is to call the legislature and speak directly with Speaker Loyd Benson and Speaker Pro Tempore Straton Taylor. "Simply call them and let them know how you feel about this and ask them to strike the amended language in the Conference Committee," he said. A little effort now could go a long way in saving Oklahoma taxpayers the expense of litigation, each of them said. If the measure passes the Conference Committee, it will go back to a full vote of the House and the Senate. ================================================================================ Date: Thu, 23 Apr 1998 06:13:41 -0700 From: "Chris Kryzan" Subject: Oasis Magazine and ACLU fight for Internet free speech Today, Oasis Magazine signed on as an ACLU plaintiff against the state of New mexico to protect free speech on the Internet for queer and questioning youth... Attached are: -- The Oasis press release -- The statement of Oasis editor Jeff Walsh, which is being sent to national media by the ACLU -- The ACLU press release ------------------- OASIS NEWS RELEASE Oasis Magazine joins ACLU to protect online resources for queer youth Recent online survey shows need for minors to access online resources San Francisco, California (April 22, 1998) -- Oasis Magazine today signed on as a plaintiff in the American Civil Liberties Union1s lawsuit against the state of New Mexico, which is about to begin enforcing a bill which makes it a crime to disseminate material over the Internet that is "harmful to a minor." The bill, SB 127, was recently signed into law by New Mexico Governor Gary Johnson. The law affects sites such as Oasis Magazine, which provide resources that can be freely accessed by minors. Oasis editor Jeff Walsh said removing access to Oasis Magazine would be harmful to the queer and questioning youth who read the magazine each month, estimated to be 40,000 readers worldwide. "The entire reason Oasis exists online is because I couldn't find resources like this when I was struggling with my sexuality at a young age," Walsh said. "Homosexuality wasn1t discussed in my home, my school, my community or my church. I finally accepted myself and changed my life for the better when I found online resources at the late age of 23." Oasis Magazine provides various resources to its readers. Each month, Katherine Fordham, M.D., a physician and AIDS researcher, answers questions provided by Oasis readers on a variety of sexual and other health topics. Over 50 readers each month, the youngest of which is 12, write personal columns about their lives, which also discuss their views about sex and sexuality, among other things. Walsh said many queer teens use Oasis and other online resources as a covert "life support" system until they better accept their sexuality. "For many queer and questioning youth, Oasis is what keeps them alive," Walsh said. "Considering the high risk of suicide among this demographic, this law would actually endanger the lives of the very youth it is hoping to protect." Oasis Magazine and !OutProud!, The National Coalition for Gay, Lesbian, Bisexual and Transgender Youth, recently illustrated the need for youth to access online resources when the online sites announced the results of their first-ever survey of queer and questioning youth on the Internet. The survey asked extensive questions about the respondents1 sexual health knowledge and sexual activity, among other topics. Over 2,000 youth -- the youngest ten years old -- responded. The average age of respondents was 18. The survey showed the necessity for online resources for queer and questioning youth: -- 40 percent of queer youth who thought of killing themselves, said they go online when they were feeling suicidal to find someone with whom to talk. -- 24 percent said they obtain most of their information about safer sex and about AIDS and other sexually-transmitted diseases online. -- 68 percent said being online has helped them to accept their sexual orientation; and of that percentage, 51 percent being online was crucial to helping them accept themselves. -- 63 percent said talking to others online helps them feel better about themselves. "There is absolutely no question online resources are playing an immense role in helping today1s gay, lesbian, bisexual and transgender youth to accept and respect themselves," said Christopher Kryzan, Executive Director of !OutProud! "The survey overwhelmingly illustrates the need for queer youth to continue to have access to these crucial online resources." The entire survey results can be found online at http://www.oasismag.com/survey/ About Oasis Magazine Oasis has published monthly since its inception in December 1995. It features over 50 young columnists ranging in age from 13 to their mid-20s. Over 40,000 readers visit Oasis each month at www.oasismag.com to read about their lives as queer and questioning youth. ---------------- Statement of Jeff Walsh of Oasis Youth http://www.oasismag.com/ "I was 23 when I finally accepted I was gay. It was only then that I found people online with whom I could discuss the life I tried to hide for nearly a decade. If homosexuality was discussed in my hometown in Wilkes-Barre, Pennsylvania, I never heard about it; and if I had I suspect it wouldn't have been positive judging from the bigoted city council members I later wished never had an opinion on homosexuality. Being online changed my life immediately. Within three months of talking about my sexuality online, I came out to my family, friends and co-workers. Within the year, I was co-president of the queer student group on campus. I began talking to younger people online, finding they had the same problems I encountered. They couldn't find other gay peers offline, felt alone, were often depressed. That's when I decided to put together a resource for queer and questioning youth online and Oasis Magazine was born. The reception to the magazine astounds and amazes me each month. The site costs nothing to produce each month. Everyone that writes is a volunteer and most are now youth who were once helped by Oasis who want to "give something back." Each month, I and other staff members get e-mail from around the entire globe from people who are using the site to feel better about themselves. Some use it as a catalyst to come out, others just to nurture their feelings while they stay trapped in the closet, planning their escape. In Oasis's entire history since December 1995, I can count on one hand the number of letters I have received from people who opposed the site. By contrast, I've received far more from parents of queer youth, thanking me for producing the site and noting how much it has helped their child. As a former newspaper reporter, I understand that many people are concerned about the vast, unregulated content on the Internet. There are many online sites that a parent might find inappropriate for their child. But the answer is not blocking all sites with sexual content without regard for context. The other issue is that Internet surfing is an active behavior. You have to type in a Uniform Resource Locator (URL) or click a link to access any Web site. No one has ever been magically and unknowingly transported to a Web site. There are already software solutions available for parents that block explicitly sexual sites, although those also need to be chosen carefully. Many of these software products are backed by religious groups and the sites blocked fall alongside their political agenda, be it anti-gay, pro-life, etc. But the answer is clearly not government intervention. No one opposes protecting kids online. Laws such as this and the overturned Communications Decency Act are the new version of a politician saying they're going to be "tough on crime," as though being apathetic on crime was ever an option. It's just good PR with no substance. "Protecting kids online" is the new empty political mantra for politicians who have nothing of value to say. -- Jeff Walsh, 29, editor, Oasis Magazine ------------------------------ ACLU Challenges New Mexico Cyber-Censorship Law, Citing Commerce Clause and Free Speech Rights FOR IMMEDIATE RELEASE Wednesday, April 22, 1998 ALBUQUERQUE -- In a complaint filed today in federal district court, the American Civil Liberties Union said that a New Mexico law criminalizing online communications violates free speech rights and the Commerce Clause of the United States Constitution. The law, signed by Gov. Gary Johnson on March 9, makes it a crime to disseminate online expression that involves "nudity" or "sexual conduct." Penalties include up to one year in jail or a $1,000 fine, or both. In a letter sent today to New Mexico Attorney General Tom Udall, the ACLU urged the state to resolve the case quickly in order to avoid costly litigation at taxpayer expense, since the law is so clearly unconstitutional. In ACLU challenges to similar state and federal laws, plaintiffs recovered significant legal fees, the ACLU said. Using a legal argument that helped them defeat a nearly identical law in New York state last year, the ACLU's complaint says that the New Mexico statute affects Internet speakers nationwide, and as a result violates the Commerce Clause, which bars states from regulating activity outside its borders. "Like the nation's railways and highways, the Internet is by nature an instrument of interstate commerce that should not be burdened by inconsistent state laws," said ACLU national staff attorney Ann Beeson. "New Mexico's law violates the Commerce Clause because it would require an Oklahoman who posts a web page or a message to abide by New Mexico standards, even if no one from New Mexico ever sees the page or reads the post," Beeson said. The 20 plaintiffs named in the suit all expressed concern that the law would prohibit them -- at risk of jail or fines -- from communicating valuable information on a wide range of topics, including art, literature, women's health, safer sex, gay and lesbian issues, prisoner rape, and free speech. For instance, plaintiff OBGYN.net, an online resource on women's health issues, often includes explicit discussions of sexual conduct and the female body. One forum, which included over 1,600 messages in March, contained postings by women with questions about bleeding after sexual intercourse during pregnancy, breast self-examinations, and condom breakage. Another plaintiff, Full Circle Books in Albuquerque, maintains a website with catalogs of books about sexual abuse and domestic violence, lesbian romance, and women and technology. In its complaint, the ACLU asserts that the Act "will reduce the adult population in cyberspace to reading and communicating only material that is suitable for young children." The law will not even accomplish its aim of shielding minors from inappropriate content, the ACLU said, because at least 40% of Internet content originates outside the United States. "Governor Johnson is attempting to muffle a uniquely democratic mode of communication," said Jennie Lusk, Executive Director of the ACLU of New Mexico. "This new law must be declared unconstitutional so that all online users can engage in uninhibited, open and robust freedom of expression on the Internet." In the last three years, at least 25 states have considered or passed Internet censorship laws. But however popular the laws may seem, they do not hold up well to constitutional scrutiny. In addition to New York, courts in Georgia and Virginia have found Internet censorship laws unconstitutional in challenges brought by the ACLU. And in its June 1997 landmark ruling in Reno v. ACLU, the U.S. Supreme Court struck down the federal version of these laws, saying that it placed an "unacceptably heavy burden on protected speech" that "threatens to torch a large segment of the Internet community." The 20 plaintiffs in the case are: ACLU, Mark Amerika of Alt-X, Art on the Net, Feminist.com, Full Circle Books, OBGYN.net, Santa Fe Online, Sexual Health Institute, Stop Prisoner Rape, Jeff Walsh of Oasis Magazine, American Booksellers Foundation for Free Expression, Association of American Publishers, Electronic Frontier Foundation, Freedom to Read Foundation Inc., International Periodical Distributors Association, New Mexico Library Association, Pen American Center, Periodical and Book Association of America, Publishers Marketing Association, and Recording Industry Association of America. Lawyers representing the plaintiffs are Ann Beeson and Chris Hansen of the national ACLU, ACLU of New Mexico cooperating attorney Philip B. Davis of Albuquerque, and Michael Bamberger of Sonnenschein Nath & Rosenthal in New York. Complete information about ACLU v. Johnson, including the ACLU's complaint and links to plaintiff web sites, can be found on line at the ACLU's Freedom Network website, www.aclu.org. =============================================================================== Jean Richter -- richter@eecs.berkeley.edu The P.E.R.S.O.N. Project (Public Education Regarding Sexual Orientation Nationally) CHECK OUT OUR INFO-LOADED WEB PAGE AT: http://www.youth.org/loco/PERSONProject/