Date: Wed, 07 May 97 12:45:22 EST From: "NGLTF" Subject: NGLTF 5/6/97 Legislative Update ************************************************************** NATIONAL GAY AND LESBIAN TASK FORCE PRESS RELEASE Contact: Mark F. Johnson, Media Director mfjohnson@ngltf.org 202/332-6483 x3314 pager 1-800/757-6476 2320 17th Street NW, Washington, DC 20009 http://www.ngltf.org ************************************************************** 5/6/97 NGLTF LEGISLATIVE UPDATE: NEW HAMPSHIRE CIVIL RIGHTS MEASURE PASSES; ARIZONA HATE CRIMES BILL SIGNED INTO LAW Washington, DC---May 6, 1997----The National Gay and Lesbian Task Force (NGLTF) today released its update of gay and HIV-related legislation in US state capitals. Highlights include a penalty enhancement bill for bias related crimes became law in Arizona, and a state civil rights bill passes in New Hampshire. In the update, NGLTF tracks measures ranging from making schools safe for lesbian gay, bisexual and transgender (LGBT) youth to banning gay and lesbian couples from becoming adoptive or foster parents. The New Hampshire Senate today approved an amendment to the state's civil rights bill to prohibit discrimination on the basis of sexual orientation in employment, housing, and public accommodations. The bill passed the full House in March, and Governor Jeanne Shaheen has pledged to sign the bill. "Today's vote sends a signal that New Hampshire values and respects all its citizens," said NGLTF Executive Director Kerry Lobel. "This act of fairness is encouraging and inspiring as lesbian, gay, bisexual, and transgendered people in other states are being attacked by divisive legislation in record numbers." When it becomes law, New Hampshire will become the tenth state to ban discrimination based on sexual orientation, following the lead of Wisconsin, Massachusetts, Connecticut, Hawaii, California, New Jersey, Vermont, Minnesota, and Rhode Island. In a move surprising many, Arizona Governor Fife Symington signed into law a measure providing penalty enhancement for bias motivated crimes. On April 28, Symington signed the measure which is similar to one he vetoed last year. The measure includes crimes based on race, religion, national origin, sexual orientation, gender or disability. Referring to ongoing efforts in many states for inclusive hate crime measures," Lobel stated, "Arizona gives us hope and reminds us no matter what the odds, we must push for laws that ensure our right to equality and allow us to live with dignity." For information on the New Hampshire civil rights bill, contact Mo Baxley of the New Hampshire Coalition to End Discrimination at 603/224-1686. For information on the Arizona hate crimes bill, contact the Arizona Human Rights Fund at 602/530-1660. A complete copy of the NGLTF Legislative Update and accompanying chart is available by calling NGLTF at 202/332-6483 x3314. This and previous editions of the update are available for downloading at http://www.ngltf.org. - 30 - The National Gay and Lesbian Task Force is the oldest national gay and lesbian group and is a progressive organization that has supported grassroots organizing and pioneered in national advocacy since 1973. Since its inception, NGLTF has been at the forefront of virtually every major initiative for lesbian and gay rights. In all its efforts, NGLTF helps to strengthen the gay, lesbian, bisexual and transgender movement at the state level while connecting these activities to a national vision for change. ************************************************************** NATIONAL GAY AND LESBIAN TASK FORCE LEGISLATIVE UPDATE 5/6/97 Prepared by: Tracey Conaty, Field Organizer tconaty@ngltf.org 202/332-6483 x3303 2320 17th Street NW, Washington, DC 20009 http://www.ngltf.org ************************************************************** As of May 6, 1997, the National Gay and Lesbian Task Force tracked 234 gay or HIV/AIDS- related state legislative measures. Over half, 121, are considered unfavorable or hostile. The remaining 113 would favorably impact the lesbian, gay, bisexual, and transgender (LGBT) community. For a detailed breakdown of these measures, visit the NGLTF web site at http://www.ngltf.org. MARRIAGE: Approximately 61 bills banning same gender marriage have been introduced in 32 states. Iowa and Washington State marriage bans are now dead, bringing the number of states where marriage bans were defeated this year to eight (IA, MD, NH, NM, RI, WA, WV, WY). For Washington activists, it was their second marriage victory. Earlier in the year, the Governor vetoed a ban on gay marriage. This most recent measure would have brought the issue of gay marriage to voters. It died in committee. A Louisiana bill calling for a state constitutional amendment failed to get the needed two-thirds majority. Activists remain on their toes as the bill can be brought up for reconsideration through the end of the session. Meanwhile, Montana became the sixth state to enact such a measure this year (AR, ME MS, MT, ND, VA). Marriage bans have become law in 22 states since 1995 (AK, AZ, AR, DE, GA, ID, IL, KS, ME, MS, MI, MO, MT, NC, ND, OK, PA, SC, SD, TN, UT, VA). Anti-marriage bills remain pending in 18 states (AL, CA, CO, CT, FL, HI, IN, LA, MN, NE, NJ, NY, OH, OR, TX, VT, WA, WI). Florida, Colorado, and Indiana have marriage bans awaiting action by the Governor. In Florida the measure passed the Senate last week. Governor Lawton Chiles has not indicated whether or not he will sign the measure. A Colorado legislature conference committee reached agreement on compromise language for its marriage bill they hope will meet with Governor Romer's approval. A spokesperson for Romer indicated he would likely sign the measure which must first pass both houses again before it gets back to his desk. Romer vetoed a marriage ban last year on grounds that it was offensive to gays and lesbians because, among other things, it would have been included in a section of law concerning incest. This year's measure is not included in that section of law. In Indiana, a measure passed both houses of the legislature on April 25. Minnesota and Texas bills were voted out of committee recently, while the California Senate Judiciary committee defeated an anti-gay marriage bill on April 22. The Assembly bill is still alive and is scheduled to be heard on May 7. In five states (IL, MD, NE, RI, WA), pro-marriage bills were introduced. Only those in Illinois and Washington remain alive. In Hawaii, the legislature approved a constitutional amendment that would give lawmakers the power to restrict marriage to heterosexual couples. The same measure would also provide lesbian and gay couples with some benefits currently limited to married couples. In other words, in fighting against gay marriage, legislators have ironically acknowledged the needs of gay and lesbian couples and the discrimination they endure by not being allowed to marry. The bill is an attempt to circumvent the expected Hawaii Supreme Court decision legalizing same-gender marriage. The amendment is now put to voters in a statewide ballot. The vote could occur as early as November 1998. CIVIL RIGHTS: New Hampshire is on the verge of becoming the tenth state to outlaw discrimination against its gay and lesbian citizens. Today the Senate passed the omnibus civil rights measure. The House passed it in March, and the Governor is expected to sign the bill. The measure amends the state's Civil Rights Law, making it illegal to discriminate in employment, housing, and public accommodations on the basis of sexual orientation. New Hampshire will soon join nine other states in banning discrimination based on sexual orientation (CA, CT, HI, MA, MN, NJ, RI, VT, WI). This year, approximately 24 bills favoring basic civil rights for lesbians and gay men, including outlawing discrimination in areas such as the workplace, housing and public accommodation have been introduced in at least 18 states. These measures remain alive in nine states (CA, LA, ME, NE, NH, NY, OR, TX, WA). In addition to the passage of the New Hampshire bill, Maine, Oregon and California civil rights bills progressed. California's employment and housing non-discrimination bill passed a second committee and awaits action in a third. The Maine bill, which would outlaw discrimination in housing, credit, employment and public accommodation, passed out of committee last week. The bill is expected to reach the full legislature in the coming week. Oregon's employment non-discrimination measure passed the House last week on a 40 - 20 vote after a daring move by openly gay republican, Representative Chuck Carpenter. The House vote would not have happened had a motion not been made to pull the bill out of a committee where it was languishing. The bill was put in a friendly committee where it moved rapidly to the full House. The measure now goes to the Senate where it will face strong opposition. For more information, contact Barry Pack of Oregon's Right to Pride at (503) 228-5825, http://www.rtp-or.org. An employment non-discrimination bill in Arizona died at the end of April when the language, attached to another measure, was removed in conference committee. The Illinois omnibus civil rights measure was defeated in the House on a 60 -50 vote. Civil rights measures are now dead in nine states (AZ, AR, CO, IL, MD, MT, NM, VA, WV). DOMESTIC PARTNERSHIP: At least 15 measures have been introduced in seven states and five remain alive (CA, HI, IL, MA, MN). These measures range from providing a mechanism for lesbian and gay couples to register as domestic partners and providing them hospital and prison visitation rights to extending benefits such as health insurance to same-gender partners. A California bill to provide statewide domestic partnership registry, hospital visitation and conservatorship rights for domestic partners passed in committee in April and will be voted on by the full House. Another California bill mandates health insurers that provide coverage to subscribers' dependents to provide them to the domestic partner of subscribers as well. This bill is still in committee. One California bill, modeled on a domestic partnership ordinance recently passed by the city of San Francisco, was voted down in committee. The bill, however, is still alive and will be heard again in committee. The San Francisco ordinance requires all companies that work with the San Francisco city government to offer health and other benefits to the unmarried partners of their employees. Meanwhile, a Colorado measure that would have prevented higher education institutions from providing domestic partner benefits was killed by the full Senate. The Hawaii anti-marriage, constitutional amendment bill passed both houses and would provide unmarried couples with inheritance rights, the right to sue for wrongful death, and health and pension benefits for state employees. HATE CRIMES: Twenty nine hate crime bills including crimes based on sexual orientation were introduced in at least 19 states (AZ, CO, DE, GA, IN, LA, MA, MN, MT, NE, NM, NY, PA, RI, SC, TX, VA, WV, WY). The Governor of Arizona who vetoed last year's bill shocked many when he signed the state hate crimes measure into law, making Arizona one of 20 states plus the District of Columbia with hate crime laws that include sexual orientation. The Texas bill recently passed out of Senate committee. Meanwhile Colorado's bill, after having passed the full Senate, was voted down in the House Appropriations committee. Bills are still alive in 11 states (DE, GA, LA, MA, MN, NE, NY, PA, RI, SC, TX). The Georgia measure missed the deadline to be heard this year but can still be considered next year. Georgia has a two year legislative session. Of the bills still being considered, three states (NY, PA, RI) would add sexual orientation to existing hate crime laws, while six of the states (DE, GA, LA, NE, SC, TX) have no enhanced penalty hate crime law on the books. In Texas, while there is a hate crimes law on the books that includes sexual orientation, the law is crafted in a way that prosecutions under it are nearly impossible. FAMILIES: Add Georgia to the list of states with bills banning adoption or foster parenting by gay and lesbian people. The language was added as an amendment to an adoption procedures reform bill. The bill with the amendment passed out of the Senate but was later killed. In total, seven anti-family bills have been introduced so far in six states (GA, KY, MS, MO, SC, TN). Except for Kentucky and one of the two bills in Missouri, the measures would prohibit gays and lesbians from adopting and/or becoming foster parents. Florida's law banning same-sex couples from adopting is facing a constitutional challenge in a trial that was set to begin May 5. Florida and New Hampshire are the only two state with laws explicitly banning adoptions by gay men and lesbians. Many other states have regulations or court decisions prohibiting adoption and/or foster parenting by gay men and lesbians. SCHOOLS/CAMPUS: In six states (CA, FL, MO, NH, OH, WA) anti-gay bills concerning curriculum were introduced, and in three states (CA, CT, NC) anti-gay bills concerning military recruitment on campuses are being considered. A Connecticut bill that would amend the state's Lesbian/Gay Civil Rights Law to allow military recruitment on state university/college campuses died in committee. California's Dignity for All Students bill goes before the Assembly Appropriations Committee on May 7. An Assembly bill to prevent public schools from using state funds for "materials and instruction that promotes or advocates homosexuality as a viable alternative lifestyle" is also scheduled to be heard this week. Also in California, a bill prohibiting the removal or phase out of any armed forces training unit or recruiter from campuses passed the Assembly Higher Education committee and is awaiting action in the Appropriations Committee. The bill would also require the reinstatement of programs that were previously removed. A few California colleges removed or instituted "phase outs" of armed forces training and recruiting units because of the U.S. Department of Defense's discriminatory policy against gays and lesbians. For more information on these California measures, contact Ellen McCormick of Life Lobby at (916) 444-0424, ellen.mccormick@lifelobby.com. Proponents of bans of LGBT student groups on campus were dealt a major set back last week when a federal appeals court ruled an Alabama law unconstitutional. The 1992 law prohibited colleges from using public funds or public facilities "to, directly or indirectly, sanction, recognize, or support" any group "that fosters or promotes a lifestyle or actions" prohibited by Alabama's laws on sodomy and sexual misconduct, which outlaw acts of homosexual intimacy. For more information, contact the ACLU at 212-944-9800, http:// www.aclu.org/issues/gay/hmgl.html. SODOMY: Five sodomy repeal measures were introduced in four states (AZ, MA, RI, VA). Arizona's sodomy repeal bill is effectively dead. It is held up in the House Judiciary Committee where the chair has refused to put it on the agenda for a hearing or a vote. That leaves Massachusetts with the only sodomy repeal bill still pending. In Georgia, there was a bill to prohibit state funds from being spent for anything that "tends to assist, promote or encourage behavior inconsistent with the laws of the state." This intent of the bill's sponsors is clearly anti-gay. The measure is another example of the ways sodomy laws are used to oppress LGBT people in other arenas. While sodomy-related, the Task Force has classified this bill under civil rights because of its broadness. In Utah, a bill to increase the penalty for consensual sodomy from a misdemeanor to a felony and legalize sodomy between married couples was introduced earlier in the year. The bill was never brought to a vote and is now dead. TRANSGENDER: Missouri is considering a measure hostile to transgendered people. It would make transgender status of a parent an issue in determining child custody. HIV/AIDS: At least 28 bills favorably addressing HIV/AIDS issues have been introduced in at least 12 states (AK, AR, CO, FL, GA, IN, MN, NH, NM, RI, SC, VA). At least 22 measures deemed unfavorable have been introduced in 16 states (AK, CA, DE, FL, GA, ID, MA, MI, MN, MS, MO, MT, ND, OK, VA, WA). A bill that would have outlawed, among other things, bathhouses in California was defeated in committee. Legislators heard from HIV/AIDS educators who conduct safe sex education in bathhouses who pointed out that it is the only education about HIV transmission that some bathhouse clients receive. The Alaska Senate passed a bill that would make it a felony for those who are infected with HIV to fail to inform their partners before engaging in sex or other activities that could spread the virus. Those convicted could be imprisoned for up to 10 years and fined up to $50,000. The measure now goes to the House. In Georgia, a bill that would repeal the medical use of marijuana was defeated. Media Note: Contact information for state activists and organizations working on legislative issues is available from NGLTF Field Organizer Tracey Conaty at 202/332-6483 ext. 3303, tconaty@ngltf.org. This information was gathered by the National Gay and Lesbian Task Force from a variety of sources, including news reports, activists, various organizations, and state legislative libraries. Due to the often fast pace of the legislative process, some of this data may be incomplete or quickly out of date. This legislative update is intended to provide an overview of the type of pro and anti- gay activity happening in state capitals. NGLTF will release a final accounting of pro and anti-gay bills later in the year in our 1997 edition of Capital Gains and Losses. Individuals with information on legislative activity not in this report should contact the NGLTF Field Department at 202/332-6483, extension 3303, tconaty@ngltf.org. -end of report- _________________________________________ This message was issued by the National Gay and Lesbian Task Force Media Department. If you have any questions regarding this post, please direct them to one of the contacts at the top of this message If you wish to UNSUBSCRIBE from this list, please send an email with "UNSUBSCRIBE PRESSLIST" in the subject and body of your email message to .