The NGLTF has released its first summary of state legislative activity for the 1998 session. Thus far a total of 24 gay, lesbian, bisexual, or transgender (GLBT) or HIV/AIDS--related state legislative measures have been introduced in 15 states (see chart at http://www.ngltf.org).

Seven of the ten unfavorable bills are against GLBT families in the form of anti-adoption and foster care, anti-domestic partnership, and anti-marriage bills.

Since 25 states already having laws to ban same gender marriage, activists worry that GLBT families will become the focus of right wing legislation this year. With positive gains such as the recent consent decree in New Jersey giving same-gender couples equal status in adoptions, favorable legislation in other states will be introduced.

In addition to attacks on families, at least two anti-GLBT initiatives will be on statewide ballots. The first is the February 10 vote in Maine to repeal a law passed last year to add sexual orientation to the state's civil rights code. In November, Hawaii voters will decide whether to give the state legislature the power to restrict same-gender marriage. This initiative is in anticipation of an upcoming Hawaii court decision legalizing marriage in the state.

The two anti-marriage bills introduced this year, in New Mexico and Washington both contain referendum clauses. California is another target for an anti-marriage ballot measure. A broad-sweeping homophobic statewide initiative proposed by the Oregon Citizen's Alliance, sponsor of similar previous attacks.

NGLTF monitors state legislative activity. Periodic legislative updates will note the progress of favorable and unfavorable measures. A final report at the end of the year, Capital Gains and Losses, will summarize the year's activity. The 1997 summary is available at http://www.ngltf.org/cgal98.

NATIONAL GAY AND LESBIAN TASK FORCE

LEGISLATIVE UPDATE: January 31, 1998

As of January 31, 1998, the National Gay and Lesbian Task Force tracked 24 gay, lesbian, bisexual, or transgender (GLBT) or HIV/AIDS- related state legislative measures. They have been introduced in fifteen states. Seven of the ten unfavorable bills are against families in the form of anti-adoption and foster care, anti-domestic partnership, and anti-marriage bills. The fourteen favorable bills the Task Force tracked are spread over the areas of civil rights, families, hate crimes, domestic partnership, sodomy law repeal, and HIV/AIDS.

MARRIAGE:

The previous year ended with a total of 25 states with same-sex anti-marriage laws on the books. The New Mexico and Washington State legislatures had bills introduced this month.

The New Mexico measure, a joint resolution, would put a marriage ban initiative on the November ballot.

If Washington Governor Locke were to veto that state's measure, which he did last year, a referendum clause attached to the bill would put it on the November ballot.

In addition, there is movement in California to put an anti-marriage measure on the statewide ballot.

This effort is reportedly being spearheaded by State Senator Pete Knight. The state Attorney General's office is reviewing initiative language. Once approved, supporters of the initiative can begin gathering signatures.

Life Lobby, California's lesbian, gay, bisexual, and transgender statewide political group reports that Knight would have to collect over 400,000 valid signatures in a month to qualify for the November ballot - an unlikely feat. For more information, contact Life Lobby at 916-444-0424.

In Hawaii a court decision that could legalize same-sex marriage is eagerly awaited. In anticipation of this decision, voters in November will decide whether to amend the state constitution to give the legislature the power to restrict marriage.

On February 12, communities throughout the country will be marking National Freedom to Marry Day. For more information, contact Lambda Legal Defense and Education Fund at (212) 809-8585.

CIVIL RIGHTS:

Two states, Maryland and Iowa, and the territory of Puerto Rico have measures pending that would ban discrimination on the basis of sexual orientation in employment, housing, credit, and public accommodation.

In addition, a civil rights bill passed by the Maine legislature and signed by the Governor last year goes to a statewide vote on February 10. Local anti-gay groups collected signatures during the summer to put the law to a vote in a process known as the "people's veto."

If the referendum passes and the law is defeated, Maine would be the only state in New England without a civil rights law which bans discrimination on the basis of sexual orientation.

DOMESTIC PARTNERSHIP:

Two states face unfavorable measures that would limit the provision of domestic partner benefits. In Georgia, the bill would prevent state and county employees from receiving domestic partner benefits by specifying "spouses and dependent children" in place of the term "dependent" in reference to employment benefits. In Washington the bill would prohibit the state - including state agencies and universities - from granting domestic partnership benefits to same-sex couples. It specifically lists but is not limited to housing, health care, and insurance. It could also be interpreted to prohibit cities, counties, and some non-profit organizations that receive state funds from granting domestic partnership benefits. For more information on these bills, contact the Georgia Equality Project at (404) 872-3600 or Equality Washington at (206) 323-5191.

In California, three favorable domestic partnership bills have been introduced. One measure, modeled after a San Francisco ordinance passed last year, would have required government contractors to provide equal benefits to employees with spouses and those with domestic partners. The measure died in committee. The other bills are still alive. One of them would allow agencies in the state pension system to voluntarily offer health benefits to partners of teachers and employees of other state and local entities. Another would require group health plans to offer domestic partners coverage on the same basis as other dependent coverage.

In Massachusetts, a favorable domestic partnership measure passed a voice vote in the state senate. The bill would give state employees domestic partnership benefits to unmarried employees and their unmarried partners. The measure now moves onto the house. A domestic partnership bill has also been introduced in Puerto Rico.

HATE CRIMES:

South Carolina and Virginia both have hate crimes bills pending. In Virginia, the measure would add sexual orientation to the state hate crimes law. The South Carolina measure is left over from the 1997 session.

FAMILIES:

In Oregon, an effort is underway to put a broad-sweeping attack on gay, lesbian, bisexual, and transgender families on the November ballot.

The effort is being led by the Oregon Citizens Alliance, the same group responsible for past anti-gay ballot measures in the state. This initiative would limit the definition of family to one man and one woman. In addition, it would forbid state and local government agencies from in any way positively considering same-sex relationships.

The initiative also states "the male/female gender is determined at the moment of conception." This clause would be used to discriminate against transgendered people.

In addition to direct attacks on GLBT families, the initiative would prohibit domestic partner benefits, while cementing the legality of discrimination in employment. Nearly 100,000 signatures must be collected by July 3 to qualify for theNovember ballot.

Georgia, Arizona, and Tennessee have bills pending that would prevent same-sex couples from adopting and foster parenting. The Tennessee measure is limited to foster parenting only and is a hold over from last year's legislative session. A favorable measure in Arizona would prevent foster homes from being denied a license base on the marital status of the foster parents.

SODOMY:

Sodomy repeal measures have been introduced in Georgia and Virginia. A Massachusetts bill to reform that state's archaic sex laws - including removing the ban on sodomy and adultery - was introduced in 1997 and assigned to a study committee. It is unlikely to move in this session. Five states currently have existing same-sex only sodomy bans in place (AR, KS, MD, MO, OK). Fifteen states have opposite and same-sex sodomy laws (AL, AZ, FL, GA, ID, LA, MA, MI, MN, MS, NC, RI, SC, UT, VA). In at least three states, courtchallenges to the sodomy laws are in process (AR, KS, MD).

HIV/AIDS & HEALTH

HIV/AIDS-related measures have been introduced in at least five states (AK, AZ, CO, MS, MO). The bills include an Arizona measure that would make the knowing exposure of someone to HIV a class three felony.

A Missouri measure that would allow pharmacists to refuse distribution of medicines to which they morally object. This is intended to apply to an abortion drug but could apply to any medication. The Colorado bill would support needle exchange programs.