"The courts have once again proved an important safety net in ensuring basic constitutional and human rights for gay, lesbian, bisexual, and transgender people," stated NGLTF executive director Kerry Lobel.

Today the National Gay and Lesbian Task Force released its latest Legislative Update. The Legislative Update tracks GLBT-related and HIV/AIDS-related bills in state legislatures throughout the country for the 1998 legislative year. This Update documents well over 100 pieces of GLBT and HIV/AIDS related bills in 33 states.

Attacks against GLBT families in the form of anti-adoption/foster care, anti-marriage, and anti-domestic partnership measures were numerous. In addition to legislation, in other state news both the California and Kansas Republican parties adopted virulent anti-gay resolutions. The California resolution goes so far as to equate homosexuality with "incest, sexual child abuse, bestiality, and pedophiles."

On the judicial front, on February 27 an Alaska Superior Court rejected the state's request to dismiss a lawsuit filed by two men for the right to marry. Similar to the way the Hawaii marriage case progressed, the judge ruled the State of Alaska must show a compelling interest to prohibit same gender couples from marrying. The state will likely appeal the ruling to the State Supreme Court. If the lower court ruling is upheld, a trial would be held where the state would be made to demonstrate a state interest in order to discriminate against same-sex couples. Also like Hawaii,there is now a measure in the state legislature calling for a state constitutional amendment to restrict marriage. The Hawaii measure passed that state's legislature last year and is set to go before voters this November.

Days later after the Alaska decision, a New Jersey court came down with a ruling that put yet another dent in the armor of discrimination. On March 2, a New Jersey state appeals court ruled that the Boy Scouts of America prohibition against gay men was a violation of the state's civil rights law which bans discrimination against based on sexual orientation.

Then on March 4, the U.S. Supreme Court ruled unanimously that federal sexual harassment law includes same-sex harassment. This is an important victory as harassment against gay, lesbian, bisexual, and transgender persons often occurs as a form of sex harassment where men are ridiculed for being "too feminine" or women for being "too masculine."

These rulings are stark relief to the repeal last month of Maine's civil rights law. The measure was passed by the state legislature and signed into law by Governor Angus King last May. Right wing groups secured signatures to put the issue to a public vot e, employing Maine¹s rarely used people¹s veto provision. The law was repealed by less than two percentage points on February 10.

The invoking of New Jersey's civil rights law in the Boy Scouts decision highlights the necessity of anti-discrimination laws and the disappointment in the repeal of Maine's law. "These recent decisions further underscore the importance of civil rights laws for our community. Without the law in New Jersey, the court may not have ruled as it did," said Kerry Lobel.

Ten states have laws banning discrimination based on sexual orientation. They are New Hampshire (1997); Rhode Island (1995); Minnesota (1993); California, Vermont and New Jersey (1992); Hawaii and Connecticut (1991); Massachusetts (1989); and Wisconsin (1 982).

NATIONAL GAY AND LESBIAN TASK FORCE LEGISLATIVE UPDATE

As of March 11, 1998, the National Gay and Lesbian Task Force tracked 146 gay, lesbian, bisexual, or transgender (GLBT) or HIV/AIDS- related state legislative measures. They have been introduced in 33 states and Puerto Rico. The Task Force has classified 67 of these bills as unfavorable and 79 as favorable to the GLBT community. HIV/AIDS related bills account for approximately a third (49) of all measures tracked. When these HIV-related measures are taken out of the equation, 56 bills are considered favorable while 41 are unfavorable. Of these 97 measures, 17 relate to the issue of civil rights; 15 to domestic partnership; 17 to marriage;11 to hate crimes; 13 to schools and campus; seven to sodomy; six to families; one to health, and one specifically to the transgendered community. Attacks appear to be most pronounced against gay and lesbian families. Combining the areas of marriage, domestic partnership, and families, there are 27 measures that are hostile to GLBT families.

In the arena of civil rights, 14 favorable measures were introduced, though passage for most of them seems unlikely. In addition, while 4 states in 1997 passed hate crimes laws that included sexual orientation (see NGLTF's Capital Gains and Losses 1997), it's unlikely that 1998 will come close to a repeat of such a major legislative success.

MARRIAGE:

On February 27, a Superior Court in Alaska rejected the state's request to dismiss a lawsuit filed by two men for the right to marry. Similar to the way the Hawaii court case progressed, the judge ruled the State of Alaska must show a compelling reason to prohibit same gender couples from marrying. In his ruling, Superior Court Judge Peter Michalski stated, "The Court finds that marriage, that is the recognition of one's choice of a life-partner, is a fundamental right." The state will likely appeal the ruling to the State Supreme Court. If the lower court ruling is upheld, then a trial would be held where the state would be made to demonstrate a "compelling reason" to discriminate against same-sex couples. An anti-gay lawmaker has since introduced a stat e constitutional amendment that would restrict marriage to a man and woman. It must pass the state legislature by a two-thirds vote. It has already passed out of one committee and now moves on to another. If the amendment does pass the legislature, it wou ld then go before voters in November. For more information, contact Dan Carter at EQUAL, Inc., 907/274-9226, equal907@aol.com or Sara Boesser at the Committee for Equality, 907/789-9604.

In other marriage news, Washington became the 26th state to adopt an anti-same-sex marriage ban (see NGLTF Marriage Map at http://www.ngltf.org), while New Mexico activists were successful in killing an anti-marriage bill in their state. Measures to ban marriage remain alive in eleven states (AL, AK, CO, IA, KY, MD, NE, NJ, VT, WV, WI). The Nebraska bill is a holdover from last year and very unlikely to get far. In Maryland, in addition to the anti-marriage bill, the Protection of Marriages measure, a pro same-sex marriage bill, has been introduced.

CIVIL RIGHTS:

On February 10th, Maine's civil rights law was repealed through a voter referendum. The law was passed last spring. Opponents put it up for a vote in a process known as the "people's veto." Only 30 percent of the electorate voted, and it was repealed by less than two percentage points. Had the vote occurred during a regular election when a majority of the electorate was participating, it is likely the law would have been preserved. Maine is now the only state in New England without a civil rights statute that bans discrimination on the basis of sexual orientation.

At least nine states (AZ, CO, DE, IL, IA, MD, MO, NE, NY) and Puerto Rico had broad-based civil rights measures introduced. The Arizona, Nebraska and Delaware bills are limited to employment, while the rest would ban discrimination on the basis of sexual orientation in employment, housing, credit, and public accommodation. The Colorado bill is officially dead, and the Iowa measure is effectively killed. The others remain pending. In California, there is a bill that would extend the time allowed to file an employment discrimination complaint, while in Kentucky there is a bill prohibiting sexual orientation discrimination in the provision of health insurance and health care.

Three states (CA, HI, WA) have anti-civil rights measures pending. The Washington bill would prevent cities and counties from amending their landlord-tenant laws to include, among other things, non-discrimination ordinances (such as sexual orientation) t hat are not included in state law. The California measure would exempt all non-profits from a law banning employment discrimination, and the Hawaii measure would allow legislators to overrule state court decisions by a simple majority. This bill is motivated by court rulings in the state favorable to same-sex marriage.

DOMESTIC PARTNERSHIP:

Five states (CA, GA, MI, WA, WI) face unfavorable measures that would limit the provision of domestic partner benefits. The Wisconsin bill would forbid any entity in Wisconsin from receiving state dollars to offer domestic partner health insurance coverag e. A similar measure in Michigan passed the Senate and now awaits action in the House. The California bill would prevent the University of California from providing domestic partner benefits to faculty and staff. This bill has passed the Senate and is now in the Assembly.

On the positive side, California has a number of favorable domestic partner bills, as does Massachusetts. Also, in Illinois there is a measure to extend health and insurance benefits to the same-sex domestic partners of state employees. Republican governo r Jim Edgar is on record as supporting these benefits.

HATE CRIMES:

At least seven states (CA, CO, IN, MI, SC, VA, WY) had hate crime bills introduced that are inclusive of sexual orientation. While Virginia and Wyoming's hate crimes bills are dead, favorable measures in Colorado, California, Indiana, and South Carolina a re still alive. The California bill would include gender identity in the state's hate crimes law. The law already includes sexual orientation. Meanwhile Kentucky has a bill to establish a hate crimes law; however, the measure does not include crimes based on sexual orientation. In Pennsylvania, there is a measure that would establish a hate crimes law inclusive of sexual orientation. However, it is attached as an amendment to a bill that is considered by many to be an infringement on first amendment right s. The bill would make it illegal to wear a mask on public or private property except under specific circumstances. The entire bill, along with its hate crimes amendment, is therefore being opposed by most GLBT groups.

FAMILIES:

A bill was introduced in Rhode Island that would allow individuals to designate the person they want to be considered immediate family for the purpose of hospital visitation. Along with Rhode Island, at least one other state, Arizona, has a pro-families m easure. Meanwhile attacks on gay, lesbian, bisexual, and transgender families continue in at least four states (AZ, GA, OK, TN). The Tennessee measure is not likely to go anywhere. In Oregon there is a broad sweeping anti-gay initiative that is likely to appear on the November ballot (see NGLTF Legislative Update (1/31/98).

SODOMY:

Sodomy repeal measures have been introduced in at least six states (AZ, GA, MA, MO, RI, VA).

HIV/AIDS & HEALTH:

A slew of HIV/AIDS-related measures have been introduced in at least 16 states. Ten states (CA, CO, GA, IL, IN, MN, MS, MO, RI, VA) have measures that the considered favorable. These measures range from needle exchange programs to increased funding for ed ucation and prevention programs. In at least thirteen states (AK, AZ, CA, CO, HI, IN, IA, MN, MS, MO, NY, WA, WV) there are unfavorable measures ranging from the criminalization of HIV transmission to a bill in West Virginia that would allow HIV testing without consent. It would apply to a broad and nebulous array of situations involving people who are exposed to blood, such as funeral home directors, health care workers, and those persons helping at accident scenes. The West Virginia measure has alread y passed out of one house.

On the non-legislative front, the California Supreme court let stand a lower court ruling prohibiting commercial enterprises from furnishing marijuana for medicinal purposes (marijuana is used by many people with AIDS to alleviate pain). Also, the Massach usetts Department of Public Health announced mandatory reporting by health-care providers of HIV using a number identifier rather than a patient's name.

In the area of health, there is a bill in Kentucky that would exclude same-sex couples from domestic violence protections.

TRANSGENDER:

In Maryland, there is a bill allowing the reissue of birth certificates for persons who have a sex change operation.

CAMPUS:

In Kansas, the legislature requested that the Board of Regents submit a list of all academic courses with subject matter directly related to homosexuality or bisexuality. The request has since made it through the chain of command to department heads at so me schools. It is not known which legislator(s) made the request, only that it was made through Legislative Research Services, which ensures the source of the request remains anonymous. The request and the fact that is being carried out by school official s have chilled many in the academic community who see it as an aggressive attack on academic freedom and the gay lesbian, bisexual and transgender community. For more information, contact Christine Robinson at the Freedom Coalition, 785/841-0992.

A measure in California would prohibit state schools from removing armed forces recruiters from campus. Some schools across the country have banned ROTC units because the military's "Don't Ask Don't Tell" policy conflicts with their state or campus non-discrimination policy. In Illinois there is a bill to add sexual orientation to the non-discrimination policy for the state's community colleges and universities.

SCHOOLS:

Measures pertaining to schools have been introduced in at least six states (CA, CO, GA, IN, RI, WA). Two unfavorable bills in Indiana would create an abstinence education study committee and mandate teaching abstinence in sex education classes. The Georgi a bill would restrict information about homosexuality. There are two favorable bills. They are a safe schools measure in Washington and a resolution in Rhode Island requesting the Department of Education to make available sensitivity training about homosexuality.

The text of the update with accompanying charts and maps is available at: http://www.ngltf.org.