BEYOND THE BELTWAY: State of the States 1995 July 1995 1 FORWARD BEYOND THE BELTWAY: State of the States 1995 is a state-by-state survey of gay, lesbian, bisexual, transgender-related legislation during the 1995 state legislative sessions, produced by the National Gay and Lesbian Task Force (NGLTF). NGLTF is a leading national civil rights organization that has supported grassroots organizing since 1973. By the end of July 1995, 43 states will have completed the 1995 legislative session. Because two of those states, Alaska and Vermont, are mid-way through two-year sessions, legislation not considered this year may be considered next year. Seven other states (CA, MA, MI, NJ, OH, PA, WI) continue their sessions through the end of the calendar year, at which point NGLTF will offer an updated edition of this document. In order to create the most meaningful survey, we have included in this document only those measures that experienced some level of legislative movement during the 1995 session rather than every gay-related measure introduced. Legislative movement is considered to be a hearing, committee vote, etc. It is important to note, however, that numerous anti-gay bills were introduced that did not move forward but nonetheless did cause alarm for gay, lesbian and bisexual people. Examples of such legislation include a bill introduced in Louisiana that permitted, in some circumstances, justifiable homicide of people with HIV; a measure in Oregon that would have barred lesbians from access to alternative insemination for childbearing; and a recommendation in Oklahoma for a sweeping state constitutional amendment that would have barred inclusion of gay people in non-discrimination laws, prohibited any positive or neutral references to gay people or issues in the educational system and barred adoption and foster care by gay, lesbian and bisexual people. Surveying statewide gay-related legislation offers one important measure of activity in the states. However, many non-legislative state and local activities frequently have significant impact and require political responses at the state level. Where details about such activity are available, this survey includes that information to offer a more complete picture of the state-by-state political landscape for gay/lesbian/bisexual people in 1995. The information contained in this report was compiled through three methods: 1) ongoing contact throughout the year between the NGLTF Field Department and organizers at the state and local level; 2) a phone survey of advocates and lobbyists in all 50 states; 3) a Lexis/Nexis database search of legislative titles and contents. While these methods offer a broad view of gay-related measures, some relevant legislation may not be documented for the following reasons: the accessibility of legislation in the database is not fully consistent between all states; legislation without specific keywords in its title or text is sometimes difficult to detect; and the ability of gay advocates to monitor all legislation varies between states, depending on resources and the existence of a statewide lobbying organization. Summary information about each state is compiled from the following sources: State Yellow Book, Leadership Directories, Summer 1995: Campaigns and Elections, ÒHas the Christian Right Taken Over the Republican Party?,Ó September 1994; and publications of the National Gay and Lesbian Task Force Policy Institute. Alabama The Democrat-controlled Alabama State Legislature adjourns July 30. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Alabama does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. NGLTF could not confirm the movement of any non-discrimination or anti-gay measures during this session. Alaska The Republican-controlled Alaska State Legislature adjourned May 16. The state's Governor is a Democrat. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Alaska does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and does not have a sodomy law. Anti-Gay Measures ¥ 1995 AK HB 226: Bill would prevent domestic partnerships for gay and lesbian couples. A favorable amendment was added in committee. The billÕs sponsor is working to get the amendment stripped from the bill. Local activists are working to slow progress of the bill through the House, and are already strategizing about how to slow progress on the bill when it goes to the Senate, as they expect that it will. The bill now awaits further consideration in committee when the legislature returns to the second half of the biennium session in January 1996. NGLTF organizers provided on-site training and assistance earlier this year. 6 ¥ 1995 AK HB 227: Bars legal recognition of same-gender marriages. Expired in committee. The bill now awaits further consideration in committee when the legislature returns to the second half of the biennium session in January 1996. 6 Arkansas The Democrat-controlled Arkansas State Legislature adjourned March 10. The state's Governor is a Democrat. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control.* The State of Arkansas does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and has a sodomy law that applies only to same-gender sexual acts. Non-Discrimination Measures ¥ 1995 AR HB 1257: Hate Crimes bill would provide for enhanced penalties for bias crimes including those based on sexual orientation. The bill was amended on the House floor then withdrawn from further consideration. l Arizona The Republican-controlled Arizona State Legislature adjourned April 22. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* Moderate Arizona Republicans are, however, battling with the Radical Right for control of the Arizona GOP. The State of Arizona does not ban discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Non-Discrimination Measures ¥ 1995 AZ SB 1093: Requires the State Dept. of Public Safety to include in its criminal-background checks for prospective cadets of law enforcement agencies, any information concerning criminal offenses that manifest evidence of hate crimes based on race, color, religion, national origin, sexual orientation, gender, or disability. Signed by Governor, April 5, 1995. l ¥ 1995 AZ SB 1143: In part, requires criminal law enforcement officers to collect information concerning criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender or disability. Signed by Governor, April 19, 1995. l Anti-gay Measures ¥ 1995 AZ SB 1348: Bans each district in Arizona from including a course of study which Ò1. Promotes a homosexual lifestyle. 2. Portrays homosexuality as a positive alternative life-style. 3. Suggests that some methods of sex are safe methods of homosexual sex.Ó Signed by Governor, April 19, 1995. 6 Related Activity (Non-Legislative) In 1994 an anti-gay initiative was blocked from getting on the ballot when sponsors failed to collect enough signatures. However, sponsors have threatened to reintroduce the measure in the future. California The Democrat-controlled Senate and the Republican-controlled House adjourn in mid-September. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body. The State of California bans discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 CA AB 627: Defines Òdomestic partnersÓ and provides for the registration of domestic partnerships with the Secretary of State. Failed passage in committee. Reconsideration granted. The bill is a reintroduction of bill vetoed last year by governor, who said that changes in hospital visitation rights, beneficiary designations, etc. Òcan all be made without creating in law some substitute for marriage.Ó Beverley Sheldon, wife of Lou Sheldon of the Traditional Values Coalition, was one of the witnesses in opposition at the hearing. u ¥ 1995 CA SB 381: Prohibits an insurer or health care service plan from discriminating on the basis of sexual orientation, among other categories, in coverage offered for severe mental illness and other physical disorders and diseases in. Failed to pass Committee and given reconsideration. Has not been heard. l ¥ 1995 CA SB 970: Prohibits discrimination on the basis of sexual orientation, among other categories, in accepting applications for, issuing payments of, or cancellation of life or disability insurance. Also prohibits using marital status, living arrangements, occupation, gender, beneficiary designation, zip codes or other territorial classification within the state, or any combination thereof for the purpose of establishing sexual orientation or determining whether to require an HIV test. Passed committee with authorÕs amendments, and then re-amended and re-referred to committee. l ¥ 1995 CA SB 1020: Includes sexual orientation in the list of characteristics whereby discrimination is prohibited, as defined with respect to health care services plan. Referred to committee. l ¥ 1995 CA AB 1001: Dignity For All Students Bill. Adds sexual orientation, actual or perceived, to all Education Code nondiscrimination clauses. Includes instructional materials, instructional activities, access to classes and all activities on campus, as well as harassment and verbal or physical assault. Testimony in support of bill included that from students, parents, and teachers. Failed to pass second committee, and granted reconsideration; a two-year bill. : ¥ 1995 CA AB 1106: In part, prohibits employers from discriminating on the basis of sexual orientation in granting health care benefits to employees. Prohibits employers from using living arrangements, occupation, gender, beneficiary designation, zip codes or other territorial classification, or any combination thereof for the purpose of establishing sexual orientation. Prohibits health care insurers from discrimination on the basis of sexual orientation, among other categories. Failed passage in committee. Reconsideration granted. : ¥ 1995 CA AB 1209: Allows health benefits coverage for the Òfamily membersÓ of state and local public employees to include domestic partners. Referred to committee, not heard. : Anti-Gay Measures ¥ 1995 SCR 19: The Family Values Act (non-binding). Encourages the entertainment industry to eliminate programming which contains violence, profanity, and sexually explicit scenes. Would encourage the industry to promote Òfamily-orientedÓ material and Òsocial responsibilityÓ. Passed the Senate and referred to Assembly committee. 6 ¥ 1995 AB 415: Prohibits the CSU school system from removing ROTC programs and courses. Also, forbids the schools from closing their campuses to military recruiters. Local activists responded by lobbying the legislature and will join with peace groups in an effort to stop the bill. Bill originally defeated, then amended to say that campuses could choose whether or not to allow ROTC and military recruiters on campuses, but they could not say that they did it because of California state policy. 6 ¥ 1995 SB 806: Expands the exemption to the Unruh Civil Rights Act, which bans anti-gay discrimination. Exempts not only Boy Scouts of America from complying, but also churches, non-profit organizations, corporations, or membership organizations which are tax-exempt. Bill was amended to say that non-profits would be exempt except when engaged in business-like activity. The bill is being held in Senate Judiciary, pending outcome of California Supreme Court cases; this is a two year bill. Prior to the amendment, local activists had essentially defeated the bill. 6 Related Activity (Non-Legislative) Gov. Wilson rescinded an order that went into effect Jan. 1 1995 allowing unmarried couples, including gay/lesbian couples, to adopt children in California. The policy was introduced by the California Department of Social Services, and would have placed foster children in the homes of qualified couples, regardless of their marital status. Wilson rescinds the policy shortly before his presidential candidacy kicks off. Attorney General Dan Lungren, in May, signed on to a brief to the U.S. Supreme Court with six other states in support of Colorado's anti-gay Amendment 2. The measure was passed by voters in 1992 and subsequently ruled unconstitutional by the state high court. It would overturn any existing laws than ban discrimination based on sexual orientation and prohibit such laws in the future. The Supreme Court has agreed to rule on the case, with hearings scheduled for September 1995. Lundgren claimed his actions were not motivated by "anti-gay" prejudice, but by his support of "states rights." One week later, Lungren's name was floated by presidential candidate Bob Dole on a fundraising trip to California as a possible vice president nominee. Colorado The Republican-controlled Colorado State Legislature adjourned May 8. The state's Governor is a Democrat. The State of Colorado does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 CO HB 1257: Expands the "ethnic intimidation" (hate crimes) law. Includes the addition of crimes based on sexual orientation. Despite support at the first committee level, opponents of the legislation succeeded in avoiding a floor vote by reassigning the bill to a second committee controlled by Radical Right Republicans. Postponed indefinitely. u ¥ 1995 CO SB 137: Health Care Reform bill. Includes ban on discrimination against any health care provider on the basis of sexual orientation among other characteristics. Postponed indefinitely. l Anti-Gay Measures While no specific anti-gay measures bills found wide support this session, local activists were frustrated by what they called a subtle strategy to discriminate against gay men and lesbians. Many bills excluded sexual orientation from anti-discrimination clauses or other sections specifying the targeted population. Related Activity (Non-Legislative) Amendment 2 is now before the U.S. Supreme Court. The measure, passed by voters in 1992, overturns any existing non-discrimination laws and prohibits anti-discrimination protections for gays, lesbians and bisexuals. The state supreme court ruled Amendment 2 unconstitutional. Hearings in the Supreme Court are slated for September 1995. The Supreme Court ruling, either positive or negative, will have profound implications in terms of majority rule over minorities, civil rights laws, states rights and other areas for both gay and non-gay citizens. Connecticut The Republican-controlled Senate and the Democrat-controlled House adjourned June 7. The state's Governor is a Republican. The State of Connecticut bans discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 CT SB 209: Prohibits private schools participating in certain state programs from advocating unlawful behavior or teaching bigotry or bias to any person or group, including gays and lesbians. Expired in committee. l Anti-Gay Measures ¥ 1995 CT HB 6840: Prohibits the University of Connecticut from removing the ROTC from its campus even if ROTC violates university anti-discrimination policies. (The stateÕs civil rights law bars anti-gay discrimination, but exempts ROTC from complying). Expired in committee. 6 ¥ 1995 CT SJR 37 & SJR 38: Amends the state constitution with regard to referenda and direct initiatives. The availability of such measures would allow for direct attacks on gay, lesbian and bisexual rights. While the bill did exempt individual rights from such measures, gay rights advocates still opposed it because definition of individual rights would be subject to judicial interpretation of the U.S. or state constitution. Failed to pass Senate. 6 Delaware The Democrat-controlled Senate and the Republican-controlled House adjourned June 30. The state's Governor is a Democrat. The State of Delaware does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and does not have a sodomy law. No anti-gay or non-discrimination measures moved during this session. District of Columbia The Democrat-controlled Council of the District of Columbia adjourns in December. The District's Mayor is a Democrat. The District of Columbia bans discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. No anti-gay or non-discrimination measures moved during this session. Florida The Republican-controlled Senate and the Democrat-controlled House adjourned April 7. The state's Governor is a Democrat. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Florida does not ban discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Non-Discrimination Measures ¥ 1995 FL SB 2314: In part, prohibits sexual orientation from being used in the underwriting process or in the determination or which applicants shall be tested for exposure to HIV infection. Prohibits using the occupation, gender, beneficiary designation, or zip code or other territorial classification of an applicant to establish the applicantÕs sexual orientation. Died in committee. : Related Activity (Non-Legislative) The Florida chapter of the American Family Association (AFA), led by David Caton, was the chief sponsor of a Tampa anti-gay amendment that was blocked from going on the ballot last March. In January, voters in West Palm Beach defeated a Religious Right-backed ballot initiative to delete sexual orientation from the local civil rights ordinance. On June 13, the Broward County Commission in Ft. Lauderdale voted 6-1 to add sexual orientation to the categories covered by the county's civil rights law. However, representatives of the AFA, in particular Ralph Stores, South Florida director of the AFA, have launched a repeal campaign. Georgia The Democrat-controlled Georgia State Legislature adjourned in mid-March. The state's Governor is a Democrat. The Radical Right exercises a working majority control of the Republican state partyÕs governing body. The State of Georgia does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and has a sodomy law that applies to both opposite and same-gender sexual acts. Anti-Gay Measures ¥ 1995 GA HB 694: Prohibits state agencies from using state funds in any manner that assists, supports, or encourages certain activities (including homosexuality). Referred to committee with amendment. 6 ¥ 1995 GA HB 711: Prohibits public school from presenting homosexuality in a neutral light. Died in committee. 6 ¥ 1995 SB 392: Revises the sexual education curriculum to eliminate mention of homosexuality. Died in committee. 6 Hawaii The Democrat-controlled Hawaii Legislature adjourned in early May. The state's Governor is a Democrat. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Hawaii bans discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, does not have a sodomy law. Questionable Measure ¥ 1995 HI SB 888: Creates the Commission on Sexual Orientation and the Law to examine the benefits and public policy issues of marriage and to make recommendations on whether to extend the right of legal marriage to same-gender couples. Signed by the Governor. Some activists view this measure as supportive of gay and lesbian issues, while others see it as an attempt to undermine efforts to secure full legal marriage rights. If the legislature's intent was to follow the lead of the courts, the Commission would not be necessary. See below. Related Activity (Non-Legislative) In 1991, three same-gender couples in Hawaii brought a lawsuit challenging the state's denial of their applications for marriage licenses. In May 1993 the Hawaii Supreme Court ruled that the denial violates Hawaii's constitutional guarantee of equal protection (Baehr v. Lewin). The Hawaii Supreme Court sent the case back to the trial court, directing it to examine the state's marriage discrimination under "strict scrutiny." If the state fails to demonstrate a "compelling" interest for discriminating, it must grant marriage licenses to same-gender couples. A state supreme court ruling is expected late this year or early next year. The Radical Right, in particular the Rutherford Institute, an arch-conservative legal group that has strong operations in Hawaii, has targeted gay marriage both in Hawaii and nationwide as a key opposition issue. Idaho The Republican-controlled Idaho State Legislature adjourned in late March. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Idaho does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. No anti-gay or non-discrimination measures moved during this session. Related Activity (Non-Legislative) Avenging its loss at the ballot box last year when it attempted to pass an anti-gay initiative, the Idaho Citizens Alliance (ICA) led by Kelly Walton has introduced another anti-gay measure plus three other repressive initiatives for the 1996 ballot. On June 23, Walton held a press conference to announce the ICA-sponsored "Family and Child Protection Act,Ó which will be placed on next yearÕs ballot. The ICA initiative would, among other things, prohibit laws that ban discrimination based on sexual orientation. Walton claimed the wording of the initiative had been changed from the 1994 version to appeal to more voters. However, the Idaho Statesman said, "The 1995 model of the anti-gay initiative features a family-friendly name and streamlined wording, but its content is essentially the same as that of [1994's] Proposition One." To put the initiative on the 1996 ballot, the ICA must collect 41,335 signatures. Illinois The Republican-controlled Illinois State Legislature adjourned May 26. The state's Governor is a Republican. The State of Illinois does not ban discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 IL SB 994: Adds sexual orientation to the state's Human Rights Act, outlawing discrimination in housing, employment, public accommodations, and credit transactions. Local activists had full bi-partisan support, with a lead Republican sponsor, and had garnered first-ever corporate support. In order to keep the bill from going to the floor, where it would have likely passed, Radical Right senators referred it to a committee with no appointed members, where the bill has stalled. Governor Edgar has indicated that he would sign the bill. : ¥ 1995 IL HB 549: Prohibits discrimination in granting of Locksmith Licenses on the basis of race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment. Awaiting GovernorÕs signature. l ¥ 1995 IL SB 225: Prohibits discrimination in licensing of Health Practitioners because of race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment. Awaiting GovernorÕs signature. l ¥ 1995 IL SB 260: Prohibits discrimination in the granting of respiratory care practitioners licenses on the basis of the applicantÕs race, religion, creed, national origin, political beliefs, or activities, age, sex, sexual orientation, or physical impairment. Signed by Governor June 23rd, 1995. l ¥ 1995 IL HB 2139: Includes sexual orientation among other characteristics for which victim selection is prohibited in the commission of tortuous conduct that involves the use or attempted use of a machine gun, machine gun part, ammunition from such a weapon. Passed House Committee with favorable report. l Indiana The Republican-controlled Indiana State Legislature adjourned April 30. The state's Governor is a Democrat. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control.* The State of Indiana does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and does not have a sodomy law. No anti-gay or non-discrimination measures moved during this session. Iowa The Democrat-controlled Senate and the Republican-controlled House adjourned in early May. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Iowa does not ban discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. Anti-Gay Measures ¥ 1995 IA Senate File 266: Bans state universities from funding programs "that have either the purpose or the effect of encouraging or supporting homosexuality as a positive lifestyle." The bill passed in the House but was rejected in the Senate. 6 Related Activity (Non-Legislative) Following Radical Right pressure the Des Moines School Board last January dropped a proposal for the "infusion of sexual orientation issues" in public school curriculum materials. The board action followed anti-gay protests from Religious Right leaders, including Bill Horn of The Report (producer of the virulently anti-gay video, "The Gay Agenda") and right wing radio talk show host Jan Mickelson. School Board member Jonathan Wilson made national headlines when he came out as gay during local hearings on the measure. Kansas The Republican-controlled Kansas State Legislature adjourned in late May. The state's Governor is a Republican. The Radical Right controls many county Republican parties in Kansas, and more than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right; they do not, however, exercise majority control.* The State of Kansas does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and has a sodomy law that applies only to same-gender sexual acts. Anti-Gay Measures ¥ 1995 KS HCR 5009: Amends the Bill of Rights of the Constitution of the State of Kansas by adding a new section regarding rights of parents to direct the upbringing and education of their children. Failed to pass the House. 6 ¥ 1995 KS HB 2173 Lessens requirements for implementation of comprehensive health curriculum by school districts and also lessens the documenting and reporting requirements regarding the health curriculum In its original form, this bill would have mandated school districts to comply with a health curriculum that included teaching tolerance. The bill was weakened to exclude the teaching of tolerance from the curriculum. The gay and lesbian community worked actively against the revised measure. 6 Kentucky The Democrat-controlled Kentucky State Legislature will not convene in 1995. The state's Governor is a Democrat. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control.* The State of Kentucky does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and does not have a sodomy law. Related Activity (Non-Legislative) On March 28th, 25 civil rights activists were arrested in a Louisville protest after the Board of Aldermen failed to enact limited legislation banning discrimination based on sexual orientation. The Radical Right lobbied heavily against the non-discrimination legislation. Louisiana The Democrat-controlled Louisiana State Legislature adjourned June 19. The state's Governor is a Democrat. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Louisiana does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and has a sodomy law that applies to both opposite and same-gender sexual acts. Note: in May 1993, a court in New Orleans parish ruled the sodomy law unconstitutional under state law. Non-Discrimination Measures ¥ 1995 LA SB 980: Provides for enhanced penalties for those convicted of a hate crime. Includes crimes committed based on sexual orientation. Failed to pass House. In an effort to pass the bill, local activists lobbied the legislature, and worked in coalition with other organizations, including the AFL-CIO and the NAACP. While fewer senators opposed the measure this year compared to last year, the Christian Coalition succeeded in influencing a number of senators. u Anti-Gay Measures ¥ 1995 LA SB 1231: Requires mandatory minimum sentencing for sex crimes including "crimes against nature," the state's sodomy law. Reported favorably from Senate committee and went to the floor, but local activists approached the author before the floor vote and he withdrew the bill. 6 Maine The Republican-controlled Senate and the Democrat-controlled House adjourned June 21. The state's Governor is an Independent. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control.* The State of Maine does not ban discrimination based on sexual orientation, previously had no hate crime laws based on any characteristics, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 ME HB 592: Enhances the sentencing classes concerning criminal penalties for hate crimes which includes sexual orientation as a protected group of citizens. Signed by Governor, May 25 1995. l Anti-Gay Measures ¥ 1995 ME LB 310: Legislative version of an anti-gay ballot initiative that would ban future anti-discrimination measures and repeal current laws for gay, lesbian and bisexual citizens. Defeated. 6 Related Activity (Non-Legislative) Concerned Maine Families, a Radical Right group led by Carolyn Cosby, placed on the 1995 ballot an anti-gay initiative. The measure would prevent the state from ever adding sexual orientation or other new minority classifications to the list of groups protected from discrimination. It would also repeal any local gay rights ordinance, primarily in Portland. Maine Won't Discriminate, with more than 20 chapters around the state, has formed to battle the Radical Right's initiative. Maryland The Democrat-controlled Maryland State Legislature adjourned April 11. The state's Governor is a Democrat. The State of Maryland does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime penalty laws but does include sexual orientation in its crime data collection law, and has a sodomy law that applies only to same-gender sexual acts. Non-Discrimination Measures ¥ 1995 MD HB 213: Prohibits discrimination based on sexual orientation with regard to public accommodations, housing, and employment. Expired in committee. u Massachusetts The Democrat-controlled Massachusetts State Legislature meets throughout 1995. The state's Governor is a Republican. The State of Massachusetts bans discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to heterosexuals and homosexuals. Non-Discrimination Measures ¥ 1995 MA HB 2347: Expands public school education on violence prevention and school safety by Òpromoting understanding and tolerance for differences in race, religion, culture, gender, age, and sexual orientation in their schools.Ó Expected to pass committee. l ¥ 1995 MA HB 2739: Prohibits discrimination on any basis, including sexual orientation, in administering health services provided by the Commonwealth. Passed committee. l ¥ 1995 MA HB 2938: Prohibits discrimination on the basis of sexual orientation--among other categories--in administering universal child health and maternity care services provided by the Commonwealth. Passed committee. l ¥ 1995 MA HB 3110: Prohibits discrimination on the basis of sexual orientation--among other categories-- in administering medical care services provided by the Commonwealth. Passed committee. l ¥ 1995 MA HB 5102: Establishes a comprehensive health care education program in all public school districts in the Commonwealth of Massachusetts. Curriculum shall include acceptance of diversity, including diversity of sexual orientation. Amended on House Floor and referred to committee. l ¥ 1995 MA SB 165 & HB 5191: Expands the hate crimes law. Includes the addition of crimes based on sexual orientation. Passed the House; sent to Senate. : ¥ 1995 MA SB 529: Establishes universal child health and maternity care for Massachusetts. Services shall be provided without discrimination based on a host of factors including sexual orientation. Passed joint committee. l ¥ 1995 MA SB 559: Establishes a Massachusetts Medical Care Program. Services are to be provided without discrimination based on sexual orientation--among other categories. Passed Joint Committee. l ¥ 1995 MA SB 814 & SB 1332: Extends employee benefits to the domestic partners of state and municipal employees. Local activists are working to prevent a redraft of the legislation. The bill is under consideration in joint committee. : ¥ 1995 MA SB 1032: Repeals sodomy law and reforms other archaic sex laws. Sent to full Senate with favorable report from committee. Local activists are not confident that it will move in the Senate. : Anti-Gay Measures ¥ 1995 MA HB 1817: Requires public schools to give guardians advance written notice before providing children with information regarding a Òmorally or religiously sensitive topic,Ó which includes instruction about sexual orientation. Passed joint committee. 6 ¥ 1995 MA SB 361: Reaffirms the right of parents to control the moral and religious education of their children; provides for privacy protection; sexual orientation included in same context as above bill (1995 MA HB 1817). Passed Joint Committee. 6 Related Activity (Non-Legislative) The domestic partnership ordinance passed earlier this year by the city council in Northampton has been targeted for repeal by ballot referendum. Michigan The Republican-controlled Michigan State Legislature adjourned June 15 for a summer break and will reconvene in the Fall. The state's Governor is a Republican. More than 25% of the state Republican partyÕs governing party is affiliated with the Radical Right, but they do not exercise majority control. * The State of Michigan does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Note: A trial court ruled the sodomy law unconstitutional. The state attorney general decided not to appeal the case to the State Supreme Court. No anti-gay or non-discrimination measures have moved yet during this session. However, local activists anticipate anti-gay measures regarding school curriculum based on the Christian Coalition's Contract With the American Family and an attack on affirmative action. There may also be the possibility of adding sexual orientation to the state's civil rights and hate crimes laws. Minnesota The Democrat-controlled Minnesota State Legislature adjourned May 22. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Minnesota bans discrimination based on sexual orientation and transgender status, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Anti-Gay Measures ¥ 1995 MN HF 1000: Bans programs for gay, lesbian and bisexual students in all school districts. This bill was a direct attack on the St. Paul school district and its program for gay/lesbian/bisexual students. Through a lobbying campaign that involved parents of gay/lesbian/bisexual children, social workers, teachers, students, and activists, the anti-gay language was removed from the bill. Failed in Conference Committee. 6 ¥ 1995 MN HF 1 & SF 5: Welfare reform bill which, among other things, removes coverage for gender change surgery and related services for recipients of General Assistance. Minnesota gay activists strongly opposed this provision characterizing it as "a cheap shot" against the lesbian, gay, bisexual, and transgender community. Activists lobbied against the bill noting that since the state began funding gender reassignment surgery, University of Minnesota researchers have found that none of their transsexual surgery patients remained on welfare after surgery. Signed by Governor. 6 Mississippi The Democrat-controlled Mississippi State Legislature adjourned April 4. The state's Governor is a Republican. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control.* The State of Mississippi does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Anti-Gay Measures ¥ 1995 MS HB 1669: Education appropriations bill that bans the teaching of homosexuality or bisexuality as a positive alternative lifestyle in Mississippi public schools. Mississippi schools have never had such programs. The American Family Association makes its home in the sponsoring senator's district. Passed Senate. Anti-gay amendment removed in Joint Conference Committee. 6 Missouri The Democrat-controlled Missouri State Legislature adjourned May 30. The state's Governor is a Democrat. The State of Missouri does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies only to same-gender sexual acts. No anti-gay or non-discrimination measures moved during this session. Related Activity (Non-Legislative) An anti-gay initiative sponsored by The Amendment Coalition, led by Kerry Messer, failed to make it on the 1994 ballot. However, Project Spotlight, an effort sponsored by local Radical Right officials including Messer, kicked-off across the state. The Project, among others things, is designed to target gay-positive politicians for defeat. Montana The Republican-controlled Montana State Legislature adjourned in late April. The state's Governor is a Republican. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control. * The State of Montana does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies only to same-gender sexual acts. Anti-Gay Measures ¥ 1995 MT HB 157 & 214: Requires those convicted of the state's Òdeviate sexual conductÓ law (which prohibits consensual homosexual sex), to register, along with violent crime offenders, with local police for life. Not until a national outcry erupted, sparked by the work of Montana activists, was the Òdeviate sexual conductÓ provision removed from these bills. During debate, Rep. Al Bishop said gay sex was "even worse than a violent sexual act." Bishop later apologized. The bills' sponsors said a local Christian Coalition chapter assisted them with the measures. The governor signed both bills, with the sodomy provision deleted. 6 ¥ 1995 MT HB 444: Allows a judge to prohibit visitation by a parent who has been convicted of deviate sexual conduct statute (which includes consensual homosexual sex) in child custody cases. The statute was added and then later removed from the bill before final passage. Signed by governor. 6 Nebraska The Democrat-controlled Nebraska State Legislature adjourned June 9. The state's Governor is a Democrat. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control.* The State of Nebraska does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 NE LB 400: Changes provisions relating to employment discrimination based on sexual orientation. Indefinitely postponed in Committee. u Anti-Gay Measures ¥ 1995 NE LB 255: Prevents gay men and lesbians from becoming foster parents. Withdrawn by sponsor because Mary Dean Harvey, head of the State Department of Social Services, instituted her own ban, which was more comprehensive than that proposed by the bill. The ban was effective immediately internally, but cannot become official until hearings are held. Hearings have not yet taken place and Harvey has resigned. 6 Nevada The Democrat-controlled Nevada State Legislature adjourned in late June. The state's Governor is a Democrat. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control. * The State of Nevada does not ban discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. NGLTF could not confirm the movement of any anti-gay or non-discrimination measures during this session. Related Activity (Non-Legislative) In 1994 an anti-gay initiative was blocked from getting on the ballot when sponsors failed to collect enough signatures. However, sponsors have threatened to reintroduce the measure in the future. New Hampshire The Republican-controlled New Hampshire State Legislature adjourned in late June. The state's Governor is a Republican. The State of New Hampshire does not ban discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. No anti-gay or non-discrimination measures moved during this session. New Jersey The Republican-controlled New Jersey State Legislature adjourned June 27 for a summer break and will reconvene in the fall. The state's Governor is a Republican. The State of New Jersey bans discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. NGLTF could not confirm the movement of any anti-gay or non-discrimination measures during this session. New Mexico The Democrat-controlled New Mexico State Legislature adjourned March 18. The state's Governor is a Republican. The State of New Mexico does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 NM HB 482: Relates to the receiving of donated body parts. Includes sexual orientation in its anti-discrimination clause. Signed by Governor. l ¥ 1995 NM SB 615: Hate crimes law would include crimes based on sexual orientation. Passed Senate and House. Vetoed by governor because it contained "sexual orientation." u ¥ 1995 NM HB 483: Health Care Decisions Act. Places significant other, without reference to gender, in the second tier of people allowed to make decisions for an incapacitated person without a power of attorney or a legal guardian. Signed by the governor March 28. l New York The Republican-controlled Senate and the Democrat-controlled House adjourned June 30. The state's Governor is a Republican. The State of New York does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 NY AB 3801 & SB 921a: Bans discrimination based on sexual orientation in employment, credit, public accommodations, education, housing and credit transactions. 1995 marked the 25th introduction of the civil rights bill. Passed the Assembly (for the third year in a row) and expired in a Senate committee. Local activists are confident that the bill would pass the Senate, but partisan politics have prevented the bill from coming to the Senate floor for a vote. u ¥ 1995 NY AB 1228: Requires statistics reporting on bias-related crime; defines bias-related crime as including those based on sexual orientation. The bill passed the Assembly and expired in Senate committee. u ¥ 1995 NY AB 3584: Provides that voluntary employment separation shall be deemed for good cause if it occurs as a consequence of any harassment, including sexual, also based on sexual orientation. Expired in Assembly Committee. l ¥ 1995 NY AB 3828: Amends insurance law to ban discrimination based on sexual orientation. Expired in Assembly committee. : ¥ 1995 NY AB 4549: Similar to AB 1228, requires police agencies to report hate crimes including those based on sexual orientation to the Division of Criminal Justice Services. Expired in Assembly committee. l ¥ 1995 NY AB 5405: Makes bias-related violence and intimidation a distinct criminal offense and includes hate crimes based on sexual orientation. Passed Assembly and expired in Senate committee. u ¥ 1995 NY AB 5461: Requires hospitals to admit patients without regard to sexual orientation and other characteristics. Passed Assembly and expired in Senate committee. l ¥ 1995 NY AB 5989: Requires knowledge of many issues, including sexual orientation, for clinical social work license. Expired in Assembly committee. l ¥ 1995 NY AB 6560: Allows the public to file complaints against parking enforcement officers who make slurs based on sexual orientation and other characteristics. Expired in Assembly committee. l ¥ 1995 NY AB 6801: Health care reform bill. Includes sexual orientation in the anti-discrimination clause. Expired in Assembly committee. l ¥ 1995 NY SB 86: Increases classifications for bias related crimes including those based on sexual orientation. Expired in Senate committee. l ¥ 1995 NY SB 792: Health care reform bill. Includes sexual orientation in the anti-discrimination clause. Expired in Senate committee. l ¥ 1995 NY SB 2774: Similar to AB 1228 and AB 4549, requires police agencies to report hate crimes including those based on sexual orientation to the Division of Criminal Justice Services. Expired in Senate committee. u Anti-Gay Measures ¥ 1995 NY AB5632 & SB211: Forces State Universities of New York (SUNY) to allow military recruitment on SUNY campuses thus overturning a court decision. Passed Senate. Expired in Assembly committee. This was the first anti-gay bill ever voted on in the New York State Legislature. 6 Related Activity (Non-Legislative) One of the first actions taken by new Attorney General, Dennis Vacco, was the rescission of a NY Department of Law non-discrimination policy banning workplace discrimination based on sexual orientation. At the same time, new Governor George Pataki (R) extended domestic partner benefits to all state employees. Despite pressure from conservative lobbyists, Gov. Pataki has so far maintained non-discrimination policies instituted by former Governor Mario Cuomo (D). North Carolina The Democrat-controlled Senate and the Republican-controlled House adjourns in mid-July. The state's Governor is a Democrat. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of North Carolina does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Non-Discrimination Measures ¥ 1995 NC HB 270: Makes changes regarding the payment of alimony. Defines cohabitation as Òthe act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent upon, sexual relations.Ó Passed both Houses. l Anti-Gay Measures ¥ 1995 NC HB 801: Makes it a felony to transmit the HIV virus. It went to Committee, but because it didnÕt make the stateÕs legislative crossover deadline to the Senate, it expired. 6 ¥ 1995 NC HB 906: "Removes age-inappropriate, educationally unsuitable, or pervasively vulgarÓ material from the public school curriculum. Passed the House and was referred to a Senate Committee. 6 ¥ 1995 NC HB 834: The Teach Abstinence Until Marriage Bill. Would require public schools to teach abstinence until marriage as the only way to prevent pregnancy and the transmission of disease, including HIV. Mandates instruction that Òa mutually faithful, monogamous, heterosexual relationship in the context of marriageÓ is the best way of preventing disease transmission including AIDS. Also requires teaching about the Crimes Against Nature Act, which bars consensual homosexual acts. Passed the House. Senate made a favorable Committee Substitute which was going to the floor, but as a result of local activistsÕ lobbying, movement on the bill has slowed. It now rests in another committee, but the community expects movement before the end of this session. 6 North Dakota The Republican-controlled North Dakota State Legislature adjourned in mid-April. The state's Governor is a Republican. The State of North Dakota does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and does not have a sodomy law. NGLTF could not confirm the movement of any anti-gay or non-discrimination measures during this session. Ohio The Republican-controlled Ohio State Legislature meets throughout 1995. The state's Governor is a Republican. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control.* The State of Ohio does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and does not have a sodomy law. According to local activists, no measures that specifically mentioned sexual orientation moved this session. However there were a few bills concerning education and welfare reform that may indirectly affect the community. Related Activity (Non-Legislative) In November 1993, an anti-gay city charter amendment in Cincinnati was passed by popular vote. A U.S. Federal Court upheld the measure in May following challenges to its constitutionality in state court. Robert Bork and Ed Meese had joined the legal team supporting the initiative. Issue 3 repeals sections of a human rights ordinance that provides protections against discrimination based on sexual orientation. Not waiting for the court to rule, the Cincinnati City Council voted to overturn the local gay rights ordinance anyway. Meanwhile, the Radical Right launched ÒProject SpotlightÓ to target gay-supportive candidates and incumbents for defeat. Oklahoma The Democrat-controlled Oklahoma State Legislature adjourned May 26. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Oklahoma does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Anti-Gay Measures ¥ 1995 OK HB 1048: Prohibits computer networks, bulletin boards, software, disks, and other materials which are obscene; provides for indictment and trial of violators in any county wherein such material is sent, transmitted or accessed; defines such materials as harmful to minors; outlines penalties. The Radical Right is actively supporting such legislation as a means to censor any and all gay-related communication. Signed by Governor. 6 Oregon The Republican-controlled Oregon State Legislature adjourned in late June. The state's Governor is a Democrat. Radical Right organizations such as the Oregon Christian Coalition and the Oregon Citizen's Alliance exercise a working majority control of the Republican state partyÕs governing body.* The State of Oregon does not ban discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 OR HB 2035: In part, establishes that life insurance settlement contracts are to be made without discrimination based on sexual orientation, as well as other characteristics. Signed by Governor, June 9, 1995. l Anti-Gay Measures ¥ 1995 OR HB 2303: Prohibits physician from performing artificial insemination on an unmarried woman. While the bill was not given serious consideration in the legislature, it did add to the stateÕs anti-gay climate. 6 Pennsylvania The Republican-controlled Pennsylvania State Legislature meets throughout 1995. The state's Governor is a Republican. Radical Right activists are gaining control of the Pennsylvania GOP, but they do not yet exercise majority control. * The State of Pennsylvania does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and does not have a sodomy law. No non-discrimination or anti-gay measures moved during this session. Rhode Island The Democrat-controlled Rhode Island State Legislature adjourned in early July. The state's Governor is a Republican. The State of Rhode Island previously did not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Non-Discrimination Measures ¥ 1995 RI HB 6678: Rhode Island became the 9th state to ban discrimination based on sexual orientation. Rhode Island now prohibits discrimination in credit, housing, employment, and public accommodations based on sexual orientation. 1995 marked the twelfth year activists had tried to pass a civil rights bill. Signed by the Governor on May 22. : ¥ 1995 RI SB 758: Changes the name of the Commission on Religious Racial and Ethnic Harassment to the Commission on Prejudice and Bias, thus making it more inclusive. The Commission's duties are also broadened to include the study of all forms of prejudice, including sexual orientation. Senate concurred and it moved to House for concurrence. l South Carolina The Democrat-controlled Senate and the Republican-controlled House adjourned June 1. The state's Governor is a Republican. The Christian Coalition and other Radical Right groups exercise a working majority control of the Republican state partyÕs governing body.* The State of South Carolina does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and has a sodomy law that applies to both opposite and same-gender sexual acts. NGLTF could not confirm the movement of any anti-gay or non-discrimination measures during this session. South Dakota The Republican-controlled South Dakota State Legislature adjourned in mid-March. The state's Governor is a Republican. The State of South Dakota does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and does not have a sodomy law. Anti-Gay Measures ¥ 1995 SD HB 1184: Prohibits marriage between persons of the same gender and the recognition of same-gender marriages from other states. After the bill sailed through the house, local activists appealed for assistance. For the first time in the history of that state, gays testified openly about the discrimination they face in South Dakota. Due in part to NGLTFÕs efforts, a new statewide group, South Dakota Gay, Lesbian and Bisexual Federation (SDGLBF) was formed to battle the bill and to build a gay/lesbian/bisexual movement in the state. The bill was eventually defeated in the Senate. 6 Tennessee The Democrat-controlled Tennessee State Legislature adjourned in late May. The state's Governor is a Republican. The State of Tennessee does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies only to same-gender sexual acts. Note: The sodomy law was overturned by a trial court and the state Attorney General is appealing the case. NGLTF could not confirm the movement of any anti-gay or non-discrimination measures during this session. Texas The Democrat-controlled Texas State Legislature adjourned on May 29. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Texas does not ban discrimination based on sexual orientation. The hate crimes law is understood to include sexual orientation but was deemed unenforceable due to the statutes vague language. The status of the state's sodomy law is uncertain. Note: The sodomy law was overturned by an appellate court and the State Supreme Court has declined to address the law's constitutionality. Non-Discrimination Measures ¥ 1995 TX SB 141: Enhances penalties for hate crimes and strengthens definition of a hate crime. Includes sexual orientation in list of characteristics for which victim selection is prohibited. Bill was attacked by Radical Right lobbyists and legislators. Passed Senate. Failed in House (68-70). Rep. Warren Chisum said that gay people Òbring violence upon themselves because of their behavior.Ó Meanwhile, gay advocates and allies were pleased by the level of support garnered for the measure before it was killed. u ¥ 1995 TX HB 999: Bans discrimination in public schools based on gender and sexual orientation, among other characteristics. Incorporated into a comprehensive education reform bill. Sexual orientation was removed from final anti-discrimination clause. u ¥ 1995 TX HB 1048: Bans discrimination on the basis of sexual orientation, among other characteristics, in appointments made to the Texas Health Care Information Council. Signed by Governor June 15, 1995. l Anti-Gay Measures ¥ 1995 TX HB 223: An amendment was added that bans funding for "obscene and illegal" art. Radical Right groups often define obscene as anything related to homosexuality. Passed House, and the amendment was stripped in the Senate before it passed. 6 Related Activity (Non-Legislative) Doug Hellman, Chairman of the Dallas Christian Coalition, along with Cathie Adams, president of the Texas Eagle Forum, are two leaders of a campaign in Dallas to repeal a new city council policy that protects city employees from discrimination based on sexual orientation. Utah The Republican-controlled Utah State Legislature adjourned March 1. The state's Governor is a Republican. More than 25% of the state Republican partyÕs governing body is affiliated with the Radical Right, but they do not exercise majority control.* The State of Utah does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and has a sodomy law that applies to both opposite and same-gender sexual acts. Anti-Gay Measures ¥ 1995 UT HB 103: Interpreted to mean that hotel keepers may refuse to rent rooms to gay, lesbian and bisexual people, among other provisions. Signed by the Governor. 6 ¥ 1995 UT HB 366: Bans legal recognition of same-gender marriage. Signed by the Governor. Utah is the first state to pass such legislation. 6 Vermont The Republican-controlled Senate and the Democrat-controlled House adjourned in mid-May. The state's Governor is a Democrat. The State of Vermont bans discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. Anti-Gay Measures ¥ 1995 VT SB 136: Adoption Reform bill includes an amendment that would ban adoption by unmarried couples and unmarried second parent adoption. The gay, lesbian and bisexual community responded by gathering testimony from children's advocates on behalf of adoption, broadening opposition, providing testimony by second parent adopters, letter writing and call-in campaigns, lobby visits with second parents, and letters to the editor. The bill now awaits further consideration in committee when the legislature returns to the second half of the biennium session in January 1996. 6 ¥ 1995 VT S.PRO. 1: Ballot Initiative bill would add a state constitutional amendment to allow citizen ballot initiatives. The availability of such measures would allow for direct attacks on gay and lesbian civil rights. Gay advocates testified against the bill at a committee hearing and encouraged the sponsor to ensure that it would not be used to limit civil rights. The bill now awaits further consideration in committee when the legislature returns to the second half of the biennium session in January 1996. 6 Virginia The Democrat-controlled Virginia State Legislature adjourned February 25. The state's Governor is a Republican. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Virginia does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and has a sodomy law that applies to both opposite and same-gender sexual acts. Anti-Gay Measures ¥ 1995 VA HJR 652: Eliminates housing subsidies for non-traditional families by changing the wording in a Housing Authority regulation from "household" to "family." Introduced at the request of Republican Gov. George Allen. Passed House. Expired in Senate. 6 Despite HJR 652, action in the Virginia legislature on lesbian and gay related legislation was relatively minimal. Local activists said that "more positive testimony was heard on gay and lesbian issues than has likely been heard in all past legislative sessions combined." Washington The Democrat-controlled Senate and the Republican-controlled House adjourned April 23. The state's Governor is a Democrat. The Radical Right exercises a working majority control of the Republican state partyÕs governing body.* The State of Washington does not ban discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. Anti-gay Measures ¥ 1995 WA HB 1171: Prohibits adoption or foster care placement with lesbians, gays, bisexuals, or transgenders. Expired in committee. 6 Related Activity (Non-Legislative) Two anti-gay initiatives are proposed for the 1996 ballot. Initiative 166 would, among other things, censor information regarding homosexuality in all public schools, including by counselors; bar any claims of discrimination based on sexual orientation; and forbid recognition of gay marriage. Initiative 167 is an anti-adoption measure filed by the Citizens Alliance of Washington. It would prohibit gay/lesbian/bisexual couples from adopting, and would affect unmarried non-gay couples as well. West Virginia The Democrat-controlled West Virginia State Legislature adjourned March 11. The state's Governor is a Democrat. The State of West Virginia does not ban discrimination based on sexual orientation, does not include sexual orientation in its hate crime laws, and does not have a sodomy law. No anti-gay or non-discrimination measures moved during this session. Wisconsin The Republican-controlled Wisconsin State Legislature adjourned for a summer break June 29 and will reconvene in the fall. The state's Governor is a Republican. The State of Wisconsin bans discrimination based on sexual orientation, includes sexual orientation in its hate crime laws, and does not have a sodomy law. NGLTF could not confirm the movement of any anti-gay or non-discrimination measures during this session. Wyoming The Republican-controlled Wyoming State Legislature adjourned in late February. The state's Governor is a Republican. The State of Wyoming does not ban discrimination based on sexual orientation, does not have hate crime laws that include crimes based on any characteristics, and does not have a sodomy law. Non-Discrimination Measures ¥ 1995 WY HB 50: Makes bias related crime a distinct criminal offense and includes hate crimes based on sexual orientation. Passed committee but House Speaker refused to bring it to the floor for a vote. l Anti-gay Measures ¥ 1995 WY HB 29: Requires parental approval if sex education, homosexuality and other topics are discussed in public schools. Failed in committee. 6 * Information about the strength of the Radical Right in each stateÕs GOP is referenced from John F. PersinosÕs article ÒHas the Christian Right Taken Over the Republican Party?Ó published in the September 1994 issue of Campaigns and Elections, pages 21-24 and publications of People for the American Way. The symbols at the end of each legislative entry correspond with the accompanying map. The key is as follows: 6 : anti-gay measure u : non-discrimination measure; vetoed/killed/stalled due to anti-gay attacks : : non-discrimination measure; specific to sexual orientation; not killed due to anti-gay attacks l : non-discrimination measure; not specific to sexual orientation (included in broad list)