Date: Sat, 20 Mar 1999 17:14:54 -0500 From: NGLTF Subject: PACE QUICKENS IN STATE LEGISLATURES ************************************************************ NATIONAL GAY AND LESBIAN TASK FORCE LEGISLATIVE UPDATE CONTACT: Tracey Conaty, Communications Director tconaty@ngltf.org 202/332-6483 x3303 800/757-6476 pager 2320 17th Street NW, Washington, DC 20009 http://www.ngltf.org ************************************************************* PACE QUICKENS IN STATE LEGISLATURES; TASK FORCE ISSUES LEGISLATIVE UPDATE WASHINGTON, DC--- March 19, 1999 - Today, the National Gay and Lesbian Task Force released its second summary of state legislative activity for the 1999 session. In its last legislative update, NGLTF reported a record number of bills introduced in state legislatures with respect to GLBT and HIV/AIDS-related bills. This already-frenetic pace of legislative activity has further quickened over the past month. While pro-GLBT legislation outnumbers hostile legislation by a two-to-one ratio, many favorable bills have already been killed for the 1999 session. Nearly half of the 65 introduced hate crimes bills have been defeated in spite of widespread public outrage over the highly publicized hate-motivated murders of James Byrd Jr. in Texas, Matthew Shepard in Wyoming, and Billy Jack Gaither in Alabama. "Ironically, the region most impacted by the vicious murder of Matthew Shepard are the states most resistant to passing hate crimes laws," stated Kerry Lobel, executive director of the Task Force in reference to Wyoming, Idaho, Montana, and Idaho defeating their hate crimes bills. "The outrage did not materialize into legislative action." Nine states of an original twenty from the beginning of the legislative session have live comprehensive civil rights legislation banning discrimination on the basis of sexual orientation in the areas of employment, housing, and public accommodations. The right wing continues its assaults on gay, lesbian, bisexual and transgender families. This year, bills seeking to deny GLBT families adoptive and foster parent rights have been introduced in eight states. Anti-GLBT marriage bills have been introduced in 13 states, and ten remain alive. At the same time, Rhode Island has introduced legislation to legalize same-sex marriage. While anti-GLBT legislation abounds, states have become much more adept at fending off hostile legislation. This year's battles to defeat anti-same-sex marriage bills have been particularly successful, as none have passed for this session. Details about these measures and those related to civil rights, schools, sodomy, transgender, domestic partnership, campus, health, and HIV/AIDS issues can be found in the Task Force's Legislative Update, which will be released monthly. At the end of the year, the Task Force will release Capital Gains and Losses, a complete report on state legislative activity for 1999 at http://www.ngltf.org/legupdate99/. ================================================================== In its last legislative update, the National Gay and Lesbian Task Force reported a record number of bills introduced affecting the gay, lesbian, bisexual, and transgender community and those living with HIV/AIDS. This frenetic pace of legislative activity has further quickened over the past month - as of March 17, 1999 NGLTF has tracked 348 gay, lesbian, bisexual, or transgender (GLBT) or HIV/AIDS-related measures introduced in state legislatures around the country. Of these measures, 182 are favorable and 166 are unfavorable. 1999 marks a historic year for GLBT and HIV/AIDS lawmaking in many respects: n More bills have been introduced during the past two months than the total number of bills introduced during 1998 (258 bills), 1997 (248 bills), and 1996 (160 bills) legislative sessions. n Favorable GLBT-related legislation (151 bills) outnumbers unfavorable GLBT-related legislation (78 bills) by a 2 to 1 ratio. n The number of civil rights and hate crimes bills introduced has risen dramatically compared with past years. Civil rights and hate crimes bills (105 total) account for 71% of the total number of GLBT-related favorable bills introduced. This compares with 40 civil rights and hate crimes bills introduced in 1998 and 54 civil rights and hate crimes bills introduced in 1997. At the same time, however, many of the favorable measures, particularly the hate crimes bills, have already been defeated for the 1999 session. Of the hate crimes measures, 26 of the 65 introduced bills have been killed. These bills were defeated in spite of widespread public outrage over the highly publicized hate-motivated murders of James Byrd, Jr. in Texas, Matthew Shepard in Wyoming, and Billy Jack Gaither in Alabama. Legislators in several states have gone on the offensive against GLBT-inclusive hate crimes laws by trying to pass bills with vague language creating unenforceable hate crimes laws. States have also become more adept at fending off hostile legislation. This year's battles to defeat anti-same-sex marriage bills have been particularly successful. None of the 20 anti-same-sex marriage bills introduced this session have yet passed out of state legislatures. This contrasts with 1998 and 1997 activity. By mid-March of 1998, Washington had already enacted a same-sex marriage ban, and by mid-March of 1997, four state legislatures had already passed their anti-same-sex marriage bills. HATE CRIMES Favorable The right to live openly and honestly without fear of harassment and violence has dominated activity in the nation's state legislatures with 28 states having introduced hate crimes bills (AL, AR, CA, CO, CT, FL, GA, HI, ID, IN, KS, MD, MN, MS, MO, MT, NM, NY, OK, PA, SC, TN, TX, UT, VT, VA, WV, WY). Bills to establish enhanced penalties for hate crimes perpetrators or to establish data collection procedures for tracking anti-GLBT-motivated hate crimes remain alive in 13 states (AL, CO, GA, HI, KS, MD, MO, NY, PA, SC, TN, TX, WV). The South Carolina bill has already passed out of the Senate. The Missouri, Maryland, and Texas bills include transgender people. Similar measures in ten other states have been killed (AR, ID, IN, MS, MT, NM, OK, UT, VA, WY). Meanwhile, in five states that currently have GLBT-inclusive hate crimes laws, bills have been introduced, and remain pending further action, that would strengthen the enforcement, prosecution, and sentencing provisions of existing statutes (CA, CT, FL, MN, VT). Ironically, the region of the country that received the heaviest press coverage of Matthew Shepard's vicious murder, the Rocky Mountain states of Idaho, Montana, New Mexico, and Wyoming, have been the states most resistant to passing hate crimes laws. In Montana, the chair of the Senate Judiciary Committee not only voted to kill the bill adding sexual orientation to the state's hate crimes law, but also introduced his own bill to gut the existing list of protected groups from current state law. While claiming this move would make the laws coverage more inclusive, the measure would have rendered the state's law virtually unenforceable. In New Mexico, the state legislature sent their bill to the Governor only to receive his veto. Activists are now attempting to add the hate crimes bill as a rider to a gang violence measure. Wyoming activists also came closer than ever to passing their state's first-ever hate crimes law when their bill passed a preliminary floor vote in the House. Unfavorable Hate crimes laws inclusive of GLBT people are under attack in eight states (HI, IN, MD, MT, NE, NY, TX, WY). With the exception of one Nebraska bill, the remainder of these measures have weak language that is unenforceable or that completely exclude sexual orientation. The Nebraska bill would lessen the burden of proof needed for prosecution of hate crimes from the standard "beyond a reasonable doubt" criteria to having to show "a preponderance of evidence". CIVIL RIGHTS Favorable The stakes for GLBT equality in the workplace and within communities have never been higher as civil rights bills have been introduced in 20 states (CA, CO, DE, HI, IL, IA, MA, MD, MO, MT, NV, NH, NM, NY, RI, TX, VT, VA, WA, WV). Of these, civil rights bills prohibiting discrimination only in employment remain alive in four states (DE, IL, NV, TX). Comprehensive civil rights legislation banning discrimination on the basis of sexual orientation in the areas of employment, housing, and public accommodations remains alive in nine states (CA, CO, HI, IL, MD, MO, NY, WA, WV). Similar measures introduced in Iowa, Montana, New Mexico, and Virginia have died. In states where anti-discrimination employment or civil rights laws currently include sexual orientation, bills have been introduced in four states that would strengthen the state's ability to enforce their laws and to prosecute offenders (HI, NH, VT, RI). Other legislation pending includes bills banning insurance discrimination on the basis of sexual orientation (CA, NY); legislation that would create a clear statutory directive for the prevention of sexual harassment where same-sex sexual harassment seems to be included in the definition of sexual harassment (NY); a bill that allows those who voluntarily leave their jobs because of anti-gay harassment to receive unemployment benefits (NY); and a measure that prohibits police detainment of individuals solely because of their sexual orientation (MA). Unfavorable Legislation introduced attacking equal rights for GLBT people or that exclude sexual orientation from new civil rights measures remains pending in seven states (MA, MI, NE, NY, ND, OR, TN). Right-wing groups in Oregon continue to attempt to undo the legal precedent set by last December's Tanner v. OHSU, where an appeals court ruled that Oregon's state constitution prohibits employment discrimination on the basis of sexual orientation. One measure pending, HJR 6, would require majority approval through referendum of any state or local measures banning discrimination based on sexual orientation. Two other bills have been introduced that would establish "zero tolerance" discrimination policies in state employment but exclude sexual orientation. In Nebraska, an employment non-discrimination bill that includes sexual orientation also contains a clause that would exempt employers who are engaged in the care or education of children under 18. Unfavorable measures existing in other states are civil rights bills that exclude sexual orientation (MA, ND, TN, NY) or specify fewer protections for GLBT people than for others in receiving medical care (NY). A Michigan measure would redefine marital status discrimination to pertain only to unmarried persons not cohabitating with a partner. FAMILIES Favorable Measures to support and strengthen GLBT families have been introduced in four states (AR, HI, NH, NY). A New Hampshire bill that would repeal the state's current ban against GLBT adoptive or foster parents has passed the full House and moves to the Senate for further action. Opponents to the bill have attempted, but failed, to split the measure to repeal the foster parent ban but to keep the adoption ban intact. In opposition to a recent regulation passed by the Arkansas Department of Human Services, a bill has been introduced that would prohibit the state from discriminating against prospective adoptive or foster parents on the basis of sexual orientation. Measures are also pending in Hawaii and New York that would strengthen protections against domestic violence for same-sex couples. A Hawaii bill would amend the definition of "family or household member" to include persons with a dating history. A New York bill introduced would provide that protection orders may be entered against any member of the same family or household. The measure also expands the definition of household members to include unrelated persons who continually or at regular intervals reside in the same household or have done so in the past. Unfavorable Right-wing attacks on GLBT families seeking to deny them adoptive and foster parent rights have escalated to eight states (AR, AZ, IN, MI, OK, TX, UT, VA). Anti-family measures have been killed in two states (IN, VA). Meanwhile, similar bills remain alive or have passed in six states (AR, AZ, MI, OK, TX, UT). The two Indiana bills introduced that would prohibit GLBT people from adopting and becoming foster parents have been momentarily defeated; however, it is anticipated that anti-GLBT adoption and foster care amendments will be added to other pending measures. In Arizona, Representatives Karen Johnson and Barbara Blewster have added a footnote to the FY2000 -- FY2001 budget to include a statement that cuts off all state funding to unmarried foster parents who are cohabiting with another adult. In Oklahoma, two anti-GLBT measures have passed the House and are awaiting action in the Senate. One of these would ban GLBT people from adopting, while another would make it far more difficult for GLBT people to gain custody of children by creating a judicial presumption that GLBT people are unfit parents. In Arkansas and Utah, those states' repsective foster care oversight boards approved regulations banning GLBT people from becoming foster parents (AR) or from adopting children who are wards of the state (UT). While the Arkansas measure is awaiting final implementation, a bill has been introduced in the legislature to ban placement of a child with any GLBT adoptive or foster parent. Anti-GLBT adoption and foster care bills in Texas are pending further action, while a Michigan anti-GLBT adoption measure is likely to be introduced shortly. Also, in Arizona, a domestic violence measure has been introduced that would amend the existing definition of a domestic violence victim to limit its applicability to those in opposite-sex relationships. MARRIAGE Favorable A bill has been introduced in Rhode Island to legalize same-sex marriage. Unfavorable The right-wing has continued its attacks against GLBT partnerships as anti-same-sex marriage bills have been introduced in 13 states (CO, HI, MA, MD, MS, MO, NJ, NM, NY, OR, TX, VT, WV). Activists have already defeated bills in Colorado, New Mexico, and Mississippi. Bills in the remaining 10 states remain alive. Measures in New Mexico and Oregon would refer anti-same-sex marriage measures before voters in upcoming general or special elections. In Missouri, legislators are ignoring last year's state Supreme Court ruling invalidating a 1996 same-sex marriage ban by attempting to pass new anti-same-sex marriage legislation during this session. And in Hawaii, following the passage of last year's constitutional amendment empowering the legislature to define marriage, legislators have introduced new legislation to ban same-sex marriages. SODOMY Favorable The fight to decriminalize GLBT relationships continues as activists push for passage of sodomy repeal bills. To date, seven states have introduced repeal measures (MA, MN, MO, MT, NY, TX, VA). The measures in Montana and Virginia have already been defeated. New York's bill has already passed out of the Senate, while the remaining bills in Massachusetts, Minnesota, Missouri, and Texas are pending action in their respective committees. While high courts have already ruled the Montana and New York sodomy laws unconstitutional, GLBT activists are still determined to repeal the sodomy statutes legislatively. Meanwhile, in Louisiana, a state judge has recently declared the state's sodomy law unconstitutional. If an expected appeal is rejected or defeated, Louisiana would become the 33rd state to nullify its sodomy law. Unfavorable Unfavorable bills in two states threaten to ostracize GLBT people through the publication of sodomy convictions via established sex offender registries (MO, SC). Because of existing sodomy laws in these states, those convicted under these laws could be considered sex offenders. HEALTH Favorable Gay, lesbian, bisexual, and transgender people often have unique health care needs necessitating confidentiality of their medical information. Measures intending to protect the confidentiality of patients' medical records have been introduced in four states (MI, MS, MT, ND). The Mississippi bill died in committee. Unfavorable An Oregon bill introduced would allow pharmacists to refuse to fill particular types of prescriptions on ethical or religious grounds. While primarily targeting those seeking abortion pills or birth control devices, the bill could also affect GLBT people or those living with HIV/AIDS who need medications. TRANSGENDER Unfavorable An Oregon bill that would exclude sex change operations from coverage under the Oregon Health Plan remains pending action in committee. SCHOOLS Favorable Measures to ensure safe and discrimination-free schools for GLBT students remain under consideration in seven states (CA, CO, HI, ME, NY, TX, WA). The California, Texas, and Hawaii bills would prohibit public educational institutions from discriminating against students on the basis of sexual orientation. Other bills in Colorado, Hawaii, Maine, New York, and Washington would require schools or school districts to develop anti-harassment programs, policies, and procedures to prevent and stop anti-GLBT student harassment. An additional bill in Texas would prohibit anti-GLBT discrimination against school employees. Two other measures pending in Massachusetts and New Jersey would require HIV/AIDS prevention to be taught in public school health courses. Unfavorable GLBT students and educators are under attack in three states (AZ, MS, NY). The Arizona and New York measures remain alive or active, while the Mississippi bill has been killed. The Arizona measure would require school districts to deny funding, use of space, and use of employees to student organizations that "promote a sexual orientation." Other insidious measures are those introduced in New York and Mississippi. In New York, two bills are awaiting further action that would prohibit psychological research or experimentation programs to include materials relating to "sex behavior." The Mississippi measure, which has been killed, would prohibit the Child Care Facility Licensing Agency from adopting any rule, regulation, or policy that would discriminate against any child care facility or employee thereof on issues of exercise of religious faith. From the bill language, it's not yet clear whether anti-GLBT sentiment could be justified as an exercise of religion. DOMESTIC PARTNERSHIP Favorable Measures to secure domestic partnership benefits have been introduced in seven states (AR, CA, CO, HI, MA, RI, WA). Legislation pending in Hawaii would grant many spousal economic and legal benefits to domestic partners. Measures in California would establish a statewide domestic partnership registry with the secretary of state, and one that would allow the state's Public Employee Retirement System to recognize domestic partners for health insurance and other benefits. Legislation introduced in Arkansas and California would mandate that insurance companies offer domestic partnership benefits equal to those benefits offered spouses. In Massachusetts and Washington, bills are pending that would grant domestic partnership benefits to public sector employees. A Rhode Island measure would allow anyone to designate a person of choice to make a person's funeral arrangements. Unfavorable Bills to ban or restrict domestic partnership benefits are being considered in five states (AZ, MS, OR, SC, WA). The Mississippi and Washington bills have died while legislation in the other states remains active. Measures in Arizona, Oregon, and Washington would specifically prohibit the state (and in the case of Arizona, local governments, too) from granting domestic partnership benefits to public employees. Other bills in Mississippi and South Carolina exclude domestic partners from their bills' provisions. HIV/AIDS Favorable measures have been introduced supporting people with HIV/AIDS in 17 states (AR, CA, CO, CT, FL, ID, IL, MA, MN, NV, NJ, NY, RI, TN, TX, VT, WA). These measures range from bills that would create unique identifier codes for reporting and tracking cases of HIV/AIDS to bills creating stronger penalties for disclosure of medical information indicating one's HIV status. Unfavorable bills hostile to people with HIV/AIDS have also been introduced (AZ, CO, CT, FL, IL, IN, IA, KS, LA, ME, MD, MA, MI, MS, MO, NH, NJ, NY, ND, OR, SC, TN, TX, UT, VT, VA, WA). The major bills include measures to criminalize transmission or possible transmission of HIV, measures to mandate pre-marital testing for HIV, bills to mandate testing of pregnant women, and bills mandating testing and possible disclosure of HIV status information for prison inmates. Media Note: Contact information for state activists and organizations working on legislative issues is available from NGLTF Field Organizer Dan Hawes at 202/332-6483 ext. 3222, dhawes@ngltf.org. This information was gathered by the National Gay and Lesbian Task Force from a variety of sources, including news reports, activists, various organizations, and state legislative libraries. Due to the often fast pace of the legislative process, some of this data may be incomplete or quickly out of date. This legislative update is intended to provide an overview of the type of favorable and unfavorable activity happening in state capitals. NGLTF will release a final accounting of favorable and unfavorable bills later in the year in our 1999 edition of Capital Gains and Losses. Individuals with information on legislative activity not in this report should contact the NGLTF Field Department at 202/332-6483 ext. 3222, dhawes@ngltf.org. -30-_________________________________________ This message was issued by the National Gay and Lesbian Task Force Media Department. If you have a question regarding this post, please direct it to the contact at the top of this message. If you wish to UNSUBSCRIBE from this list, please send an email with "UNSUBSCRIBE PRESSLIST" in the subject and body of your email message to . You may also unsubscribe by visiting http://www.ngltf.org.