Date: Sun, 9 Feb 1997 19:42:57 -0700 From: summers@rt66.com (Bob Summersgill) Subject: New Mexico Non-Discrimination Act introduced New Mexico Human Rights Act introduced with eighteen cosponsors =46rom the New Mexico Rainbow The New Mexico Human Rights Act (NM-HRA) was introduced in the legislature on February 3, 1997 for the first time in four years. Rep. Patsy Trujillo (D-Santa Fe) and Sheryl Williams (D-Albuquerque) introduced the bill, formerly known as SB-91, into the New Mexico House of Representatives with 16 other cosponsors. The new bill number is HB-506. "I think this an across the board civil-rights issue," said Martha Trolin, a member of the Coalition for Gay and Lesbian Rights in new Mexico who has supported the bill since 1991, "and we should have every thinking person as a sponsor." The NM-HRA would prohibit discrimination based on sexual orientation in employment, housing, credit and public accommodation. The current New Mexico law prohibits discrimination in race, age, religion, color, national origin, ancestry, sex, physical or mental handicap or serious medical condition. "Gender orientation" was a category that the New Mexico Gay, Lesbian, Bi and Transgender communities had decided to include in the bill, but legislators removed it. "We need to do more educating with in our community and with the legislature, said Trolin. "It is going to take more than one meeting with the sponsors." The bill has other major failings. Special exemption is made to allow discrimination on the basis of sexual orientation for hiring and housing by religious institutions and their nonprofit operations and for youth service organizations. The bill states: "Nothing contained in the Human Rights Act shall apply to the determination of qualifications, with respect to the sexual orientation of employees or volunteers, by a nonpublic service organization whose primary function is to provide occasional services to minors. For the purposes of this subsection, nonpublic service organization=92 includes: youth sports organizations; scouting organizations; boys' or girls' clubs; programs that provide friends, counselors or role models for minors; youth theaters; dance, music or artistic organizations for minors; and agricultural organizations for minors." The exemptions were a result of compromises made in 1995. The current bill uses that language. "The legislators are saying that they don't want us around their children," said Bob Summersgill, Political Director of the New Mexico Lesbian and Gay Political Alliance. "This sort of bigoted language presumes that homosexuals are pedophiles, a terrible and destructive lie, proven false by psychologists in study after study. It plays into the most outrageous and irrational of fears. Children have little to fear from homosexuals compared to the molestation committed by their own heterosexual parents and relatives." Non-Discrimination laws are in effect in nine other states-Wisconsin, Minnesota, California, Hawai'i, New Jersey, Connecticut, Rhode Island, Massachusetts, Vermont-and the District of Columbia. More than a hundred counties and cities across the country have similar laws. Four states offer protections for Transgendered people. No jurisdiction in New Mexico offers these basic protections and no federal laws prohibit discrimination based on sexual orientation or gender orientation. The New Mexico Human Rights Act was first introduced in 1991, and again in 1993 when it passed the Senate, but got bogged down in the House. It was not reintroduced in 1995 for strategic reasons. Non-appropriation bills can only be introduced in odd-numbered years. The bill was introduced into the 72 member House of Representatives for the first time to improve the education of members in that chamber. The bill has been directed to only the Judiciary Committee, signaling an interest by House Speaker Raymond Sanchez (D-Albuquerque)-one of the bill's cosponsors-in moving the bill quickly through the House to the Senate. No hearing dates had been set as of press time. "I am pleased we have begun the cycle," said Human Rights Election Fund Todd McElroy. "I am glad we have 18 cosponsors, and I am tickled we only have one committee. The Judiciary is one of our better committees. I cannot wait until we hit the House floor to get an accurate count for our upcoming electoral efforts. Can you say 'target?'" Not all the legislators that said they would sponsor the bill during the election actually did so. Ben Lujan (D-Santa Fe) raised concern of activists by not sponsoring the bill. "I'm pissed that Rep. Ben Lujan told us on his endorsement questionnaire that he would cosponsor the bill (which in part earned him the endorsement)," said McElroy, "and now has decided not to sign on. Actually, there were a number of other people who could have 'safely' signed the bill. So, we started the phone calls to Ben's office." Luhan was not available for comment. The House Judiciary Committee is comprised of eight Democrats and five Republicans. Four of the members-Committee Vice Chairman David R. Pederson (D-Gallup), Fred Luna (D-Los Lunas), Raymond G. Sanchez (D-Albuquerque), Mimi Stewart (D-Albuquerque)-are cosponsors. The five Republicans, including rabid homophobe Jerry Lee Alwin (R-Albuquerque), are expected to vote against the bill. Governor Johnson has said that he will veto the bill if it passes the legislature. But Trolin said "you don't stop fighting for civil rights until there is an end to discrimination. We will continue to sponsor this legislation until it passes. It is a simple matter of fairness." Gays and Lesbians are also anticipating other bills to be introduced this session including the return of the Hate Crimes Bill and an anti-marriage constitutional amendment proposed by the Christian Coalition. Law enforcement officials including Attorney General Tom Udall, District Attorneys and Police Chiefs from across the state held a press conference to support a crime package that includes the Hate Crimes Bill. The entire package of crime bills were vetoed by Johnson in 1995. The Hate Crimes Bill, which includes penalty enhancements for crimes committed on the basis of sexual orientation and other categories, is expected to be first introduced in the Senate. Gay, Lesbian, Bisexual and Transgendered people will be out in force to support NM-HRA and the Hate Crimes Bill on Thursday, February 13 for "Gay Lobby Day." In addition to asking members to support the bills, visitors to the Roundhouse will be entertained by the New Mexico Gay and Lesbian Choruses and the Wilde Bunch square dancers. A mass wedding with numerous clergy from different faiths will be held on the steps of the Capitol to show the destructive intent of the anti-marriage bill, and a press conference will be held at noon in the Rotunda. =46or more information about Gay Lobby Day, call Linda Siegle at 505-471-356= 3. Permission to repost or reprint with attribution is granted. Bob Summersgill, publisher of the New Mexico Rainbow, The newspaper for the Lesbian and Gay communities of New Mexico. summers@rt66.com http://rt66.com/summers/bob.html "Marriage has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men." --Loving v. Virginia (1967)