From: RAKNGLTF@aol.com Date: Wed, 12 Jul 1995 15:40:45 -0400 Subject: Beyond the Beltway survey 7/12 NATIONAL GAY AND LESBIAN TASK FORCE PRESS RELEASE CONTACT: Robin Kane, Media Director 202.332.6483 x3311, rkane@ngltf.org Beth Barrett 202.332.6483 x3215, bbarrett@ngltf.org 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 ngltf@ngltf.org