Date: Tue, 01 Apr 97 17:02:41 EST From: "NGLTF" Subject: NGLTF Legislative Update 4.1.97 ********************************************************************* National Gay and Lesbian Task Force PRESS RELEASE Contact: Mark Johnson 202/332-6483 ext. 3314 mfjohnson@ngltf.org Pager 800/757-6476 2320 17th Street NW, Washington, DC 20009 http://www.ngltf.org ngltf@ngltf.org ********************************************************************* TASK FORCE LEGISLATIVE UPDATE 4.1.97 MEASURE IN KANSAS FORCING GAYS TO REGISTER AS SEX OFFENDERS DEFEATED TWO CALIFORNIA NON-DISCRIMINATION MEASURES TO BE HEARD THIS WEEK CONTACT: Mark F. Johnson mfjohnson@ngltf.org 202-332-6483, ext. 3314 Pager: 800-757-6476 Washington, DC---April 1, 1997 Kansas legislators backed off this week from including in a sex-offender registration bill persons convicted under the state's same-sex sodomy law. As originally drafted, any person engaging in sex with a person of the same gender would be guilty of committing a sexually violent crime and therefore required to register with their county sheriff. The removal of those convicted under the state's sodomy law from the bill occurred only after outcry from local activists. "You could say we won a great victory by preventing this insanely discriminatory bill from passing, but until legislation such as this is not even considered, the victory is not complete," said Kansas activist Scott Curry. The attempt to include sodomy in the category of sexually violent crimes is a chilling reminder of how sodomy laws are used to target and persecute gay men and lesbians. Sodomy laws, like Kansas', that apply to same-sex situations only, are explicit in their function as public policy weapons against gays. "This Kansas measure, as originally drafted, is deeply alarming and an unneeded reminder of the insidious dangers of sodomy laws. Even when not fully enforced, these laws classify us as criminals and are used as justification for policies that deny gay people our rights and dignity," stated NGLTF executive director Kerry Lobel. Kansas is one of 21 states with a sodomy law and one of six states with a sodomy law targeting same-sex sodomy only. (For more information on the Kansas measure, contact Scott Curry at 316-267-8634. For a map of sodomy laws in the U.S. contact NGLTF.) Along with this activity in Kansas, the Maine legislature passed its anti-gay marriage bill, averting the issue being put on the November ballot. New Mexico finished its legislative session while Louisiana began theirs. In Louisiana, an anti-marriage bill was pre-filed along with an employment non-discrimination measure and a hate crimes bill that includes sexual orientation. In New Jersey, Rutgers University professors are appealing to the State Supreme Court a decision denying them health insurance coverage for their domestic partners. The plaintiffs argue the denial is a violation of the state's anti-discrimination law specifically as it applies to discrimination based on marital status and sexual orientation. For more information on this case, contact the American Civil Liberties Union of New Jersey at 201-642-2086. California activists gear up this week for hearings on three bills of great importance to the lesbian, gay, bisexual, and transgender community. On April 2, hearings will be held on a measure to ban discrimination based on marital status in state adoptions, a bill that would provide a statewide domestic partner registry, and a bill that would add "sexual orientation" to the state's Fair Employment and Housing Act. For more information on these measures, contact Ellen McCormick of LIFE Lobby, a state lesbian/gay and AIDS lobby group. While much of the legislation seen this year is a repeat of previous years, new to the effort to both fight hostile measures and win measures securing basic civil rights for gays is a newly formed network of Lesbian/Gay/Bisexual/Transgendered (LGBT) statewide political groups. The Federation of statewide groups was formed in November in a move to bolster efforts by individual state groups and simultaneously create a more unified national strategy for securing the rights of LGBT people. The Federation is being spearheaded with the assistance of the National Gay and Lesbian Task Force. "We fight the Right and we also learn from them," said NGLTF Field Organizer and federation coordinator Tracey Conaty. "The Right wing has been very successful in linking local and state activities to a coordinated national agenda, thereby making their efforts all the more effective. The Federation of LGBT statewide groups marks a new level of organizing and activism in the struggle for LGBT equality," added Conaty. For more information on the Federation, contact Conaty at extension 3303 or Paula Ettelbrick of New York's Empire State Pride Agenda at 212-627-0305. Media Note: Contact information for state activists and organizations working on legislative issues is available from NGLTF at 202/332-6483. This information was gathered by the National Gay and Lesbian Task Force from a variety of sources, including news reports, state activists and organizations, state legislative libraries and other organizations. Due to the large number of bills introduced, it is virtually impossible for this data to be completely accurate and comprehensive. These legislative updates are intended to provide an overview of the type of pro- and anti- gay activity happening in state capitals. They are not intended to represent every bill and its current status. 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 3314 ======================================================================== April 1, 1997 As of April 1, 1997, the National Gay and Lesbian Task Force tracked 200 gay or HIV/AIDS- related state legislative measures. Over half, 105, are considered favorable to the LGBT community. The remaining 95 are considered unfavorable or hostile. Both the largest and the smallest state in the country, California and Rhode Island, accounted for the most favorable measures in a state, with ten each. Four of the Rhode Island measures relate to hate crimes, while California's are more diverse, ranging from employment non-discrimination to domestic partnership benefits. Along with Kansas and its 12 sodomy-related bills, Virginia ranked second highest in anti-gay measures, including two marriage bills, both of which the Governor signed. A detailed breakdown of these measures, is available on NGLTF website at http://www.ngltf.org/pub/chart41.gif or http://www.ngltf.org/downloads/ chart41.pdf. MARRIAGE Approximately 52 bills banning same gender marriage have been introduced in 32 states. This includes two bills pre-filed in Kentucky where there is no 1997 legislative session. Though the Kentucky Fairness Alliance reports that hearings may be held as early as this year. In proposed legislation in two states, Alabama and New Mexico, any person performing a same-gender marriage ceremony would be fined. Alabama's bill remains alive while New Mexico's has been stopped. As same-gender marriage is not legal anywhere in the country, all ceremonies performed are private, not civil, ceremonies. Thus far this year, marriage bans passed the full legislature in five states (AR, ME MS, ND, VA). Maine is the most recent state to pass an anti-gay marriage bill in the legislature. The governor stated he will not veto the bill, though he believes the measure "has very little to do with marriage and nothing to do with love." Passage of the measure precludes it from being put on the November ballot. The North Dakota bill awaits action by the governor. It remains unclear whether he will sign the measure, though he has stated he believes the legislation is not currently necessary. Including Arkansas, Virginia and Mississippi, marriage bans have become law in 19 states since 1995. Four states (MD, NH, NM, WY) successfully blocked their marriage bans, New Mexico being the most recent. In Washington, the bill made it to the Governor's desk where it was vetoed. The bill has since been amended to provide for a ballot measure on the issue and if passed, could be on the ballot as early as June of this year. Anti-marriage bills remain pending in 23 states (AL, CA, CO, CT, FL, HI, IN, IA, LA, ME, MN, MT, NE, NJ, NY, OH, OR, RI, TX, VT, WA, WV, WI). In five states (IL, MD, NE, RI, WA), pro-marriage bills were introduced. Maryland's bill was rejected and Nebraska's has been indefinitely postponed. CIVIL RIGHTS Approximately 25 bills favoring basic civil rights for lesbians and gay men, including making discrimination in areas such as the workplace, housing and public accommodation illegal, have been introduced in at least 18 states. These measures remain alive in 12 states (AZ, CA, IL, LA, ME, NE, NH, NY, OR, TX, WA, WV), and are dead in six states (AR, CO, MD, MT, NM, VA). Maryland's bill died last week, just one vote shy of making it out of committee. In Washington, the group Hands Off Washington continues its signature gathering to put an anti-discrimination measure on the ballot. The measure is similar to the federal Employment Non-Discrimination Act. Activists are hoping to gather upwards of 200,000 signatures by July 3 to put the measure on the November ballot. DOMESTIC PARTNERSHIP At least 13 measures have been introduced in six states (CA, CO, HI, MA, MN, VA). These measures range from providing a mechanism for lesbian and gay couples to register as domestic partners, providing at most hospital and prison visitation rights, to extending benefits such as health insurance to same-gender partners. These bills remain alive except in Colorado and Virginia. In Colorado, activists continue to battle a bill that would prohibit University of Colorado regents from extending domestic partnership benefits to the same-gender partners of faculty and staff. In Illinois and Massachusetts, bills have been introduced by legislators whose intent is to undermine or impede the extension of benefits to same-gender couples. HATE CRIMES Twenty six hate crime bills that include crimes based on sexual orientation were introduced in at least 18 states (AZ, CO, GA, IN, LA, MA, MN, MT, NE, NM, NY, PA, RI, SC, TX, VA, WV, WY). The Indiana, Virginia and Montana bills are dead. Of the bills still being considered, five states (CO, NY, PA, RI, WV) would add sexual orientation to existing hate crime laws, while seven of the states (GA, IN, LA, NE, NM, SC, WY) have no hate crime laws on the books. In Texas, while there is a hate crimes law on the books that includes sexual orientation, the law is crafted such that prosecutions under it are nearly impossible. South Carolina legislators are considering a hate crime bill that do not include anti-gay hate crimes. A bill in Arkansas excluding crimes based on sexual orientation died. FAMILIES A total of 3 pro-family bills were introduced thus far. All three remain alive. In California, a bill is pending to prohibit discrimination on the basis of marital status in state adoptions. In Georgia, a bill strengthening the role of durable power of attorney was introduced. In the absence of marriage rights, the durable power of attorney is an important legal protection for gay and lesbian families. Four anti-family bills were introduced so far in Missouri, South Carolina and Tennessee, and all remain alive. These bills generally concern adoption and foster parenting. Missouri has two bills, the second of which declares gays and lesbians unworthy of the custody of children under 16 years of age. SCHOOLS/CAMPUS In California, a bill banning discrimination against gay students in public schools and colleges was introduced. The Dignity for All Students bill would prohibit bias based on sexual orientation in school employment, curriculum and the treatment of students on campus. In Rhode Island there is a measure that would repeal a law passed last year that lets parents take their children out of AIDS education and sex education classes. In three states (WA, NH, FL) anti-gay bills concerning curriculum were introduced, and in two states (CA, NC) anti-gay bills concerning military recruitment on campuses are being considered. SODOMY Five sodomy repeal measures were introduced in four states (AZ, MA, RI, VA). Virginia's bill is dead. Twelve anti-gay measures involving sodomy were introduced in Kansas. By far the most alarming would have made persons convicted of sodomy register as a sex offender. Activists were successful in having the bill amended to exclude sodomy. The two other types of bills, one making the limitation on prosecutions of criminal sodomy 5 years and the other making sodomy unable to be expunged from a criminal record did not meet deadlines and will be held over until next year. Kansas has a two year legislative session.

Sodomy laws, even when not fully enforced are used to classify gays, lesbians, bisexuals and transgenders as criminals. To that end, Indiana legislators are considering a measure that would extend the definition of voyeurism. Missouri activists believe the measure is purely an attempt to harass the gay community. 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 38 bills addressing HIV/AIDS issues have been introduced in at least 16 states. The measures range from repealing laws allowing the compassionate use of medical marijuana to establishing needle exchange programs. =============================================================================== This information was gathered by the National Gay and Lesbian Task Force from a variety of sources, including news reports, state activists and organizations, state legislative libraries and other organizations, including the Lambda Legal Defense and Education Fund. Due to the large number of bills introduced, it is virtually impossible for this data to be completely accurate and comprehensive. Individuals with information on legislative activity not in this report should contact the NGLTF Field Department at 202/332-6483, extension 3303. The National Gay and Lesbian Task Force 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. -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. _________________________________________ 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 .