Louisiana's bill allows judges to enhance penalties against individuals found guilty of committing crimes against persons based upon their actual or perceived inclusion in a particular group. The Nebraska measure provides for harsher penalties for offenses committed against a person or person's property because of race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability. Louisiana and Nebraska had no hate crimes statute on the books. Delaware's measure amends the state's existing hate crimes statute to include sexual orientation. With the enactment of these bills, 20 states plus the District of Columbia will have enhanced penalty hate crime laws that include sexual orientation (AZ, CA, CT, DE, DC, FL, IA, IL, LA, ME, MD, MA, MN, NH, NJ, NV, OR, TX, VT, WA, WI).

"After years of advocacy, documentation, and thousands of hate crimes, including the loss of many lives, the concept of laws to deter these heinous crimes is no longer as controversial as it once was," stated NGLTF executive director Kerry Lobel. "The tide has turned, and we expect more states will do the right thing in the coming years," added Lobel.

On other legislative fronts during the past month, activists in Connecticut passed a bill banning discrimination against students based on sexual orientation, while California's Dignity for All Students bill, which would prohibit schools from discriminating against gay and lesbian students, died in the Assembly.

As of June 30, 1997, the National Gay and Lesbian Task Force tracked 271 gay or HIV/AIDS- related state legislative measures. Over half, 139, are considered unfavorable or hostile. The remaining 132 would favorably impact the lesbian, gay, bisexual, and transgender (LGBT) community. For a detailed breakdown of these measures, see the chart at http://www.ngltf.org/pubs/table63097.gif.

At least 30 bills favorably addressing HIV/AIDS issues have been introduced in at least 15 states (CA, CO, CT, FL, GA, IN, IA, MN, MO, NC, NH, NM, RI, SC, VA). A Missouri bill passed the legislature that would make it easier to convict people of criminal transmission of HIV by permitting judges to require people arrested for prostitution to be tested for HIV if they have a prior conviction . The Minnesota legislature approved a one million dollar increase in HIV prevention funding and a measure providing easier access to clean syringes. For more information, contact the Minnesota AIDS Project at 612/373-2459.

In Connecticut a bill providing full funding for breast and cervical cancer early detection programs was passed. As part of the measure, funding will be provided to the Hartford Gay and Lesbian Health Collective for its first lesbian breast and cervical cancer education program. Also in Connecticut, efforts to require mandatory HIV testing and to eliminate needle exchange programs failed.

On June 6, with Governor Jeanne Shaheen's signature of a gay civil rights bill, New Hampshire became the eleventh state to ensure the civil rights of its lesbian and gay citizens, joining CA, CT, HI, MA, ME, MN, NJ, RI, VT, and WI. The measure amends the state's Civil Rights Law, making it illegal to discriminate in employment, housing, and public accommodations on the basis of sexual orientation.

Oregon activists are considering launching an anti-job discrimination initiative. According to Basic Rights Oregon, action on the initiative will depend on the outcome of the federal Employment Nondiscrimination Act (ENDA) recently introduced in Congress and whether the Oregon legislature will pass a marriage ban bill now pending. Meanwhile, the Oregon Citizens Alliance, sponsor of anti-gay ballot measures in previous years, is currently collecting signatures for yet another ballot measure. The measure would among other things define "family." For more information on the activities in Oregon, contact Basic Rights Oregon at 503/222-6151.

In Addition to the Oregon measure, California's non-discrimination bill remains alive. The bill would ban discrimination in employment and housing After passing the Assembly Floor 41-38, the legislation is now pending in the Senate Rules Committee. Also, in Connecticut a bill is still pending that would provide a private right of action to go to state court in discrimination cases based on sexual orientation (Connecticut already has a statewide civil rights law). The provision is part of a larger measure related to the state's human rights office. The Connecticut legislature also passed a measure relating to private golf clubs. The measure would prohibit discrimination based on gender and sexual orientation.

HATE CRIMES:

Louisiana, Nebraska and Delaware joined Arizona in passing hate crimes measures this year. The governor's of all three states are expected to sign the bills into law. Louisiana's bill allows judges to enhance penalties against individuals found guilty of committing crimes against persons based upon their actual or perceived inclusion in a particular group. The Nebraska measure provides for harsher penalties for offenses committed against a person or person's property because of race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability. Delaware's measure amends the state's existing hate crimes statute to include sexual orientation. On June 25 it passed the Senate and the House. With the enactment of these bill, 20 states plus the District of Columbia with have enhanced penalty hate crime laws that include sexual orientation (AZ, CA, CT, DE, DC, FL, IA, IL, LA, ME, MD, MA, MN, NH, NJ, NV, OR, TX, VT, WA., WI).

In Michigan, a bill was introduced to amend the state's Ethnic Intimidation Act. The act passed in 1988 after "sexual orientation" was removed. This year's measure would add "sexual orientation to the act. A bill to add sexual orientation to the state hate crimes law remains alive in Rhode Island.

For the second year in a row, Colorado Governor Roy Romer vetoed the state's proposed same-gender marriage ban. On June 5, Romer urged the legislature, instead of legislating against same-gender marriage, to concentrate on "real life" problems of civil law and same-gender relationships, such as health care and hospital visitation rights. Romer became the second governor to veto such a measure. Washington governor Gary Locke vetoed that state's marriage ban earlier in the year, stating, "I oppose any measure that would divide, disrespect or diminish our humanity. Our overarching principle should be to promote civility, mutual respect and unity. This legislation fails to meet this test."

Meanwhile, Minnesota and Florida became the eighth and ninth states this year, respectively, to ban same-gender marriage. Governor Arne Carlson of Minnesota signed that state's ban on June 2 and Florida's ban took effect on June 4 without Governor Lawton Chiles' signature.

In a House subcommittee hearing, an amendment was added to Oregon's same-gender marriage ban that would refer the issue to voters in the May 1998 primary election. The bill, having already passed the Senate, moves on to the full House Judiciary Committee with a subsequent referral to the Rules and Elections committee. Oregon activists view the move to Rules and Elections as a hopeful sign the bill will languish.

In addition to Colorado, four other marriage bans went down in defeat during the past month. The Nebraska bill missed a deadline. For the second time this year, a Washington state marriage ban has been defeated. The latest bill called for a ballot measure later in the year. Connecticut's measure expired at the close of the legislative year, as did the Louisiana bill. In California, the Sacramento-based Defense of Marriage Committee is proposing a ballot initiative to ban the performance and recognition of same-gender marriage. Once the proposal is certified, over 400,000 signatures of registered voters would need to be collected within 150 days to qualify for a June 1998 vote.

An anti-gay marriage ban was just introduced in the Kentucky legislature, making Kentucky one of 7 states in which proposed marriage bans remain pending ( HI, KY, NJ, NY, OH, OR, WI). These measures have been defeated in 16 states this year (AL, CA, CO, CT, IA, LA, MD, NE, NH, NM, RI, TX, VT, WA, WV, WY) and have passed in nine states (AR, FL, IN, ME, MN, MS, MT, ND, VA). A total of 25 states since 1995 have passed same-gender marriage bans (AK, AZ, AR, DE, FL, GA, ID, IL, IN, KS, ME, MN, MS, MI, MO, MT, NC, ND, OK, PA, SC, SD, TN, UT, VA). In five states (IL, MD, NE, RI, WA) this year pro-marriage bills were introduced. None of these measures passed.

In Hawaii, the broadest domestic partner benefits bill ever passed by a legislature will take effect on July 8. The measure became law on June 23 without the governor's signature. The domestic partner provisions are part of a larger bill that could circumvent the expected Hawaii Supreme Court decision legalizing same-gender marriage. The legislation calls for a ballot referendum that if approved would give lawmakers the power to restrict marriage to heterosexual couples.

In Michigan, the Senate voted to essentially halt state funding for domestic partner health benefits at public universities and community colleges. Though Michigan's Attorney General has ruled the legislation violates the state's constitution, sponsors of the amendment persist. State Senator Bill Schuette stated, "extending medical coverage to non-married domestic partners is bad public policy." He added, "Domestic partners are not recognized by our laws as a legal union and taxpayer dollars should not be used to fund them." Ironically, the Michigan legislature prevented the legal recognition of same-gender unions last year when it passed a marriage ban.

At least 18 domestic partner measures have been introduced in eight states. Fifteen of these bills are favorable while three are unfavorable to LGBT families. Of the favorable bills, Hawaii's passed as part of a constitutional amendment relating to marriage. Favorable bills in two other states remain alive (CA, MA). Of California's domestic partner bills, one that would provide statewide domestic partnership registry, hospital visitation and conservatorship rights for domestic partners was sent to the inactive file for lack of support. Another California bill that would mandate health insurers to give companies the option of covering the domestic partners of their workers passed the Assembly and now goes to the Senate. A measure that would provide health benefits to public employees and state teachers also is pending.

In New York State, Senate Majority Leader Joseph Bruno abandoned his efforts to remove same-gender couples from inclusion in the state's apartment succession laws. A state law that allows immediate family members, including same-gender partners, to inherit rent-regulated apartments was set to expire in mid-June. Bruno was attempting to eliminate the succession rights of domestic partners from the new law.

A California measure that would prohibit discrimination on the basis of marital status in state adoptions is now dead. It was dropped without a vote. It was the only pro-gay adoption bill introduced this year in the country. The anti-adoption and/or foster parenting bills introduced this year in five states are either dead or not likely to progress. A California measure that would make an anti-domestic violence law even more inclusive of same-gender relationships by expanding the definition of victim passed the Assembly and is now in Senate committee.

Legislation protecting students from discrimination based on sexual orientation in public schools was one of the major victories for the lesbian, gay, bisexual and transgender community in Connecticut this year. The anti-discrimination provision was included in a comprehensive education bill. The measure has not yet been signed by the Governor, and opponents of the provision are urging Governor John Rowland (R) to veto the measure. Also in Connecticut, a bill that would reverse a state Supreme Court decision limiting military recruiters on state university campuses was defeated in committee. An attempt was later made to attach the measure to an education bill. The attempt failed. For more information, contact the Connecticut Coalition for Lesbian, Gay Bisexual and Transgender Civil Rights, Carolyn Gabel, Chair, at 860/521-4710.

California's Dignity for All Students bill, which would prohibit schools from discriminating against gay and lesbian students, was recently defeated in the Assembly on a 36 - 40 vote. AB 101 can be reintroduced in the 1999 - 2000 session. According to Laurie McBride of Life Lobby, debate on the bill "brought out some of the most cruel, misguided statements I've ever heard made about our community." One legislator spoke of cows on his farm behaving in a "homosexual manner" while another legislator talked of the "shortened life span of homosexuals." Also in California, a bill prohibiting the removal or phase out of any armed forces training unit or recruiter from campuses passed the Assembly earlier in the month and is now in the Senate. The bill would also require the reinstatement of programs that were previously removed. A few California colleges removed or instituted "phase outs" of armed forces training and recruiting units because of the U.S. Department of Defense's discriminatory policy against gays and lesbians.

Five sodomy repeal measures were introduced in four states (AZ, MA, RI, VA). The Massachusetts bill is the only one still pending. It was heard in committee in June and assigned to a study committee where it will likely languish.

A Missouri bill that would make transgender status of a parent an issue in determining child custody died without being heard.

___________________________________________________________________________________

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 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 our 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.

The National Gay and Lesbian Task Force has worked to eliminate prejudice, violence and injustice against gay, lesbian, bisexual and transgendered people at the local, state and national level since its inception in 1973. As part of a broader social justice movement for freedom, justice and equality, NGLTF is creating a world that respects and celebrates the diversity of human expression and identity where all people may fully participate in society.

___________________________________________________________________________________