At least 30 bills favorably addressing HIV/AIDS issues have been introduced in at least 13 states (AK, AR, CO, FL, GA, IN, MN, NC, NH, NM, RI, SC, VA). At least 29 measures deemed unfavorable have been introduced in 17 states (AK, CA, DE, FL, GA, ID, MA, MI, MN, MS, MO, MT, NC, ND, OK, VA, WA). The New Jersey Senate passed a bill that would make the knowing infection of someone with HIV a felony, and today the California Senate approved a bill that would make the intentional transmission of HIV afelony. The bill now goes to the Assembly.

This year in Iowa, the Iowa Coalition for Human Rights was successful in beating back a number of HIV/AIDS-related measures. One bill regarded "psychologically-impacted houses." The measure would permit realtors to not disclose whether someone died in a house, whether a ghost haunted the house, and whether someone with HIV/AIDS had lived in the house. The AIDS clause was struck from the measure. Activists were successful in passing a bill making the sale of home HIV test kits legal. Sale of such kits was illegal in Iowa. For more information on these measures or other activity in Iowa, contact Peg Sandeen, Legislative Coordinator for the Iowa Coalition for Human Rights at 515-284-0245.

CIVIL RIGHTS

On May 16, Maine became the tenth state to ban discrimination against gay men and lesbians. As expected, Governor Angus King signed the bill that passed the state legislature last week. The new law bans discrimination against gays and lesbians in employment, housing, credit and public accommodations. Anti-gay group Concerned Maine Families says it is dropping its drive to repeal the law. Meanwhile, the Christian Civic League, another anti-gay group, filed initial papers for a ballot measure to repeal the statute or block it from taking effect. The nine other states that have passed similar legislation are Rhode Island (1995); Minnesota (1993); Vermont, New Jersey and California (1992); Connecticut and Hawaii (1991); Massachusetts (1989) and Wisconsin (1982). The New Hampshire legislature also passed similar legislation this month and Governor Jeanne Shaheen has promised to sign it.

This year, approximately 27 bills favoring basic civil rights for lesbians and gay men, including bans on discrimination in areas such as the workplace, housing and public accommodation have been introduced in at least 20 states (AZ, AR, CA, CO, IL, LA, ME, MD, MT, NE, NH, NM, NY, NC, ND, OR, TX, VA, WA, WV). One of the measures was a North Dakota joint resolution calling for legislative hearings to study discrimination. The resolution passed, and gays and lesbians in North Dakota are planning to participate in these hearings, testifying on discrimination based on sexual orientation.

In Oregon, openly gay Republican House member Chuck Carpenter is taking heat from his party for his efforts in forcing a vote on an employment non-discrimination bill. The bill passed the House on a 40 -20 vote. Since then, the state Republican party is forcing Carpenter to, in his words, "choose between civil rights and party membership." State Republican Party leadership has requested that Carpenter cease his efforts to move the bill forward or leave the Party.

In New Mexico the Governor signed a gaming bill that includes a provision prohibiting Native American casinos and their contractors from discriminating in employment, including discrimination based on sexual orientation.

HATE CRIMES

Invoking the state's sodomy law, the "homosexual agenda" and the often used tactic of equating gays with child molesters, opponents of a Louisiana hate crimes bill were successful in gutting the inclusion of crimes based on "sexual orientation." The House bill now joins a long list of legislation awaiting a final vote on the House floor. On the other side of the Louisiana legislature, though the debate was just as debased and inflammatory, a hate crimes measure passed with the inclusion of sexual orientation intact. In New York state, two hate crime bills are being considered; the first would provide enhanced penalties for bias crimes motivated by race, religion, gender, or sexual orientation, among others.

This measure has been killed in the State Senate every year since 1987. The other measure, the Hate Crimes Act of 1997, though similar, has the backing of Governor George Pataki. Both bills remain alive. North Carolina's measure to add sexual orientation and gender to the state's Ethnic Intimidation Act is dead. All three hate crimes bills in Texas missed deadlines and are essentially dead.

Thirty-four hate crimes bills including crimes based on sexual orientation were introduced in at least 21 states (AZ, CO, DE, GA, IN, LA, MA, MN, MT, NE, NM, NY, NC, OH, PA, RI, SC, TX, VA, WV, WY).

SODOMY LAWS

Six sodomy repeal measures were introduced in five states (AZ, MA, NC, RI, VA). North Carolina's bill died, leaving Massachusetts with the only sodomy repeal bill still pending. That bill is scheduled be heard in the House Judiciary Committee on June 11.

FAMILY & ADOPTION ISSUES

The only pro-gay adoption bill in the country this year has passed out of all committees and is awaiting a vote of the full California General Assembly. The measure would prohibit discrimination on the basis of marital status in state adoptions. In North Carolina there is a bill that would allow any "household member" to seek a restraining order, thus allowing members of same-gender couples to get a restraining order if they are in an abusive relationship.

Seven anti-family bills have been introduced so far in six states (GA, KY, MS, MO, SC, TN). Except for Kentucky and one of the two bills in Missouri, the measures would prohibit gays and lesbians from adopting and/or becoming foster parents

TRANSGENDER DISCRIMINATION

In Washington there was a measure that would undo a court decision including transgender people under the American with Disabilities Act (ADA). In some states, transgender people are included in the ADA because of the psychiatric diagnosis Gender Identity Disorder. This is one of two transgender-related bills tracked by NGLTF this year. The other was a bill in Missouri that would use a parents' transgender status against them in custody cases.

MARRIAGE

Indiana became the seventh state this year and the 23rd state overall to pass a bill explicitly banning same-gender marriage when Governor Frank O'Bannon signed the measure into law on May 13. O'Bannon signed the illegal in Indiana" and the bill "infers some kind of intolerance in Indiana that should not exist." Passage of the measure was especially disappointing for Indiana activists who had successfully worked to defeat three anti-gay marriage bills already this year. Minnesota's same-gender marriage ban, included in a health appropriations bill, is now before Governor Arne Carlson. Carlson is expected to sign the measure. A marriage ban measure sits on Colorado Governor Roy Romer's desk as well. He vetoed a similar measure last year. In Florida, Governor Lawton Chiles is receiving a flood of mail regarding the marriage ban on his desk. Chiles has until June 4 to sign, veto or let the measure become law without his signature.

Even though the state Attorney General ruled same-gender marriage to already be illegal in Wisconsin, this month House members voted 78 - 20 in favor of an anti-gay marriage bill. Oregon's anti-gay marriage bill also progressed, passing out of both a Senate committee and the full Senate last week. It now goes to the House.

In the midst of these setbacks, the past couple of weeks saw some important victories as well. For the second time this year, Louisiana's marriage ban went down in the Senate, the latest vote occurring in May. The bill calls for an amendment to the state's constitution, and like the first vote, the measure remains alive and may be called back up for a vote at a later date. For the second year in a row, Alabama's anti-gay marriage bill went down in defeat. California's second anti-marriage bill was also killed this year. The Assembly bill was granted reconsideration, though it is unlikely to go anywhere. And in Texas, both marriage bills went down as they missed calendar deadlines (the bills remain technically alive until the end of the session).

All tolled, approximately 61 bills banning same gender marriage have been introduced in 32 states. These measures have been defeated in 11 states (CA, IA, LA, MD, NH, NM, RI, TX, WA, WV, WY). They have passed in seven states this year (AR, IN, ME MS, MT, ND, VA) and 23 states total since 1995 (AK, AZ, AR, DE, GA, ID, IL, IN, KS, ME, MS, MI, MO, MT, NC, ND, OK, PA, SC, SD, TN, UT, VA). Proposed marriage bans remain pending in 14 states(AL, CO, CT, FL, HI, MN, NE, NJ, NY, OH, OR, VT, WA, WI). In five states (IL, MD, NE, RI, WA), pro-marriage bills were introduced. Only the Illinois bill remains alive.

In Hawaii, the legislature approved a constitutional amendment that would give lawmakers the power to restrict marriage to heterosexual couples. The referendum is scheduled to go before voters as early as November, 1998. If approved, the legislature would then have the power to amend the state constitution, thereby overriding the expected state Supreme Court decision legalizing same-gender marriage. The same measure provides same-gender couples with comprehensive domestic partnership benefits.

DOMESTIC PARTNERSHIP

At least 15 measures have been introduced in seven states. These measures range from providing a mechanism for lesbian and gay couples to register as domestic partners and providing them hospital and prison visitation rights to extending benefits such as health insurance to same-gender partners. By far the most comprehensive was Hawaii's. It was part of a constitutional amendment bill relating to marriage which passed. This July when the domestic partner provision of the bill takes effect, same-gender couples in Hawaii will have access to a comprehensive package of approximately 60 domestic partner benefits, such as hospital visitation rights and insurance. The benefits do not include all the rights of marriage, including taxation benefits and parenting rights.

In New York, gays and lesbians risk losing their right to inherit the apartment of their domestic partner. Current New York rent laws allow family members, including domestic partners, to inherit rent-regulated apartments after a tenant dies or moves. That law is scheduled to expire in June. Longtime nemesis of the gay community State Senate Majority Leader Joseph Bruno has said he would oppose the inclusion of gays in the definition of family members eligible for succession rights. Governor Pataki and Sheldon Silver, Speaker of the Assembly, support the law as it currently stands regarding domestic partners. For more information, contact Empire State Pride Agenda at 212-627-0305, http://www.espany.org or by email at espany@espany.org.

A Chicago city ordinance providing health and other employment benefits to city workers took effect in May. A bill remains alive in the Illinois legislature that would require municipalities that extend domestic partner benefits to same-gender couples to do the same for unmarried heterosexual couples as well. While the motive of this bill is to undermine the Chicago ordinance, NGLTF has classified the measure as favorable as it supports a broad definition of family.

SCHOOL & CAMPUS

California's Dignity for All Students Bill, which would prohibit schools from discriminating against gay and lesbian students, passed out of committee and now goes to the Assembly floor. Meanwhile in the same committee on the same day, a "no promo homo" bill went down in defeat. The Assembly bill would have prohibited the "promotion or advocacy of homosexuality" in California public schools. The bill was granted reconsideration, but is not likely to pass.

In seven states (CA, FL, MO, NC, NH, OH, WA) anti-gay bills concerning curriculum were introduced. The North Carolina bill, which has since died, would have prohibited the dissemination to a minor of any material that "suggests, recommends, condones or advocates, explicitly or implicitly, engaging in any of the following: ...unnatural sex acts, alternate lifestyles, or any other form of sexual activity outside the bonds of matrimony between a lawfully married man and woman..." In three states (CA, CT, NC) anti-gay bills concerning military recruitment on campuses were introduced. The Connecticut bill is dead.

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The NGLTF cautions that due to the often fast pace of the legislative process, some of its foregoing data may be incomplete or quickly out of date. This update is intended to provide an overview of the type of pro and anti-gay activity happening in state capitals. NGLTF will release a final accounting of pro and anti-gay bills later in the year in its 1997 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, extension 3303, tconaty@ngltf.org.