Subject: Beyond the Beltway survey 7/12
From: [email-masked]
Date: Wed, 12 Jul 1995 15:40:45 -0400

NATIONAL GAY AND LESBIAN TASK FORCE
PRESS RELEASE

CONTACT: Robin Kane, Media Director
202.332.6483 x3311, [email-masked]

Beth Barrett
202.332.6483 x3215, [email-masked]

BEYOND THE BELTWAY:  STATE OF THE STATES 1995

A Look At Gay/Lesbian/Bisexual Issues At The State and Local Levels 

Washington, DC, July 12, 1995...Anti-gay attacks through state legislation
were pervasive during the 1995 state legislative sessions, and seem to be on
the increase according to state organizers.  Meanwhile, gay, lesbian and
bisexual advocacy organizations were adapting to the changing political
climate and successfully defeated many anti-gay measures while pursuing
limited advances toward non-discrimination.  These are the summary findings
of Beyond the Beltway: State of the States 1995, the first annual survey on
the issue conducted by the National Gay and Lesbian Task Force (NGLTF).
 NGLTF is a leading national civil rights organization that has supported
grassroots organizing since 1973.

 Most state legislative sessions have ended for this year: 43 states will
have completed the 1995 session by the end of July, with seven other states
holding full-year sessions ending later this year.  Beyond the Beltway is a
state-by-state survey of gay-related legislation that moved forward during
the 1995 sessions, with details of other non-legislative activities that
offer a fuller picture of the political landscape facing gay/lesbian/bisexual
people at the state level in 1995.

 Gay-related legislation moved forward in 33 states, with 30 states being the
sites of anti-gay measures or significant anti-gay attacks on related
measures, while 18 states advanced non-discrimination measures that include
sexual orientation in some way.  This document tracks 97 gay-related measures
that experienced legislative movement this year, with 39 anti-gay measures;
12 non-discrimination measures that were vetoed, killed or indefinitely
stalled due to anti-gay advocacy; 10 non-discrimination measures that were
specific to sexual orientation not killed due to anti-gay attacks; 35
non-discrimination measures that were not specific to sexual orientation, but
included it in a broader list of categories; and one non-classified measure
(a measure in Hawaii calls for investigating ways to offer more equal
benefits to gay/lesbian employees, but the intent of the legislation is to
undermine court arguments for same-gender couples seeking the freedom to
marry in that state).

 Many of the anti-gay measures advanced this year focused on the areas of
family and education -- curtailing rights to adoption and foster care and
mandating only negative references to gay-related issues and individuals
through the educational system.  

 "The Radical Right is successfully exploiting emotional flashpoints around
children in the context of family and education," said Robert Bray, NGLTF
Field Organizer.  "These are areas where myths and misinformation about child
abuse, parenting abilities and the existence of diverse family structures
ignite fears and inspire extremist legislation.  In the name of 'family
values,' the Radical Right frequently attacks the ability of gay people to
care for our own families and children."

 1995 also saw a number of measures advanced to permit statewide ballot
referenda in those states which do not currently have a mechanism for voter
initiatives.  These measures are frequently supported by anti-gay Radical
Right activists, who have initiated a national campaign of state and local
anti-gay ballot measures.

 Most of the non-discrimination measures that moved forward were not targeted
only at anti-gay discrimination, but included sexual orientation in a broader
list of other characteristics.  Even so, NGLTF views the inclusion of sexual
orientation in any non-discrimination policies on the state level as an
important step toward fairness.  Many of these non-discrimination clauses
were included in hate crimes and health-related legislation.  Due to the
nation's health care crisis and lack of a federal solution, dozens of
health-related measures were advanced on the state level.

 "Years and years of organizing and education on the issues of AIDS and
anti-gay violence has clearly paid off," Bray said.  "Gay advocates and our
allies are vigilant in addressing anti-gay violence through a variety of hate
crimes provisions on the state level.  Meanwhile, we also recognize the
history and continued existence of anti-gay discrimination in insurance and
health care practices.  Our work has succeeded in some states where
non-discrimination clauses in health care policies are routinely advanced."

 One measure that directly tackled the issue of anti-gay discrimination needs
to be highlighted.  Rhode Island this year became the ninth state in the
nation to implement a statewide non-discrimination measure when it passed a
law banning discrimination based on sexual orientation in public and private
employment, credit, housing and public accommodations.
 
 "Rhode Island served as inspiration to the rest of the country, where
activists were frequently under assault by the Radical Right," Bray said.
 "It was encouraging to see a state take an important step toward valuing all
citizens equally, even in the face of vicious anti-gay maneuvers to kill the
bill."

 Of the 97 measures, 15 have been signed by governors so far (seven states
continue sessions until the end of the year).  Of those measures, six were
anti-gay (although one of Montana's measures was stripped of anti-gay
language prior to passage); one was a non-discrimination measure specifically
targeting sexual orientation (Rhode Island's measure); and eight were
non-discrimination measures that included sexual orientation in a broad list
of categories (these were predominantly related to hate crimes and health
care). 

 "This survey documents what activists have been telling us all year -- the
national climate of divisiveness and intolerance is playing itself out at the
state and local level," Bray said.  "Invigorated by mainstream electoral
success, Radical Right politicians this year attempted to turn campaign
rhetoric into state policies.  On the local level, there was no 'Contract
with America' to deter legislators from delving immediately into explicit,
anti-gay measures. Thankfully, gay activists have risen to the occasion,
frequently responding successfully to increased attacks even in states that
have a limited history of gay political organizing."

Some hot spots from 1995 legislative sessions:

Alaska, South Dakota and Utah:  All advanced measures that would bar the
legal recognition of marriages performed between individuals of the same
gender.  These measures were introduced as pre-emptive strikes against a
pending court case in Hawaii that is challenging that state's prohibition
against same-gender marriages.  Alaska's measure has not moved from the
committee to which it was assigned, although it has an opportunity to move
during the second year of the state's two-year session.  Utah's measure
passed and was signed by the governor.  Meanwhile, South Dakota's measure was
narrowly defeated after it inspired the organization of the state's first
gay/lesbian/bisexual/transgender political group and was the cause for the
first openly gay person in the state to offer testimony on gay-related
legislation.  

Iowa: 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 Radical 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. Since then, right wing state legislators attempted to pass an
amendment to the state's appropriations bill that would have banned state
funds from being used to "promote or encourage homosexuality" in state
colleges and universities.  The "no promo homo" measure is similar to those
offered by U.S. Senator Jesse Helms.

Montana: A national uproar was sparked by a bill that would have required
individuals convicted under the state's "deviate sexual conduct" law (which
prohibits consensual homosexual acts) to register for life with local law
enforcement agencies.  The bill's sponsor, Rep. Sen. Al Bishop, said gay sex
was "even worse than a violent sexual act," such as rape and child abuse.
 The "deviate sexual conduct" provision of the registration bill was
subsequently deleted under national scrutiny.  The bill's sponsors are quoted
as saying a local Christian Coalition chapter worked with them on the
measure.

Nebraska: The State Department of Social Services instituted a ban on gay and
lesbian adoption.  The sponsor of the measure, Mary Dean Harvey, director of
the Dept. of Social Services, denies any link to the Radical Right.  However,
the similarity between her ban and a bill before the state assembly  (#255)
-- sponsored by State Senator Kate Witek -- is acute.  Witek is described by
local activists as "far right." In fact, the state legislation was withdrawn
following the announcement of Harvey's measure.

Texas: The state currently has a hate crime law that has been deemed
unenforceable because of the measure's vague language.  In attempting to
specifically identify hate crimes, a measure was introduced this year that
enhances penalties for hate crimes and strengthens the definition of a hate
crime.  The measure included sexual orientation in the list of
characteristics for which victim selection is prohibited.  The measure was
attacked by the Radical Right due to the inclusion of sexual orientation.
 State Representative Warren Chisum, the leader of the influential 75-member
Conservative Caucus, fought against the measure because, he said, homosexuals
"put themselves in harm's way."  When asked whether he believed the victims
were bringing the violence upon themselves, he said "Absolutely. The criminal
element has found out that this is an easy group to prey upon."  In the past
two years, eight Texan men have been slain in apparent anti-gay or
gay-related incidents.  

[The 24-page Beyond the Beltway survey is available from Beth Barrett, 
(202) 332-6483, ext. 3311]

The National Gay and Lesbian Task Force is a leading national civil rights
organization that has supported grassroots organizing since 1973.

2320 17th Street NW
Washington, DC 20009-2702

VOICE 202.332.6483
FAX 202.332.0207
TTY 202.332.6219

[email-masked]