The Colorado Senate on February 21 voted 18 to 17 to reject SB 159, a bill to allow "committed partners" to inherit from each other in the absence of a will -- the third time such a proposal has been defeated but the first time any measure favorable to gay and lesbian couples has made it to a floor vote. Democrats hold an 18 to 17 edge over Republicans in the Colorado Senate, but Senator Alice Nichol (D-Adams County) joined the Republicans in opposition to tip the otherwise party line vote. Republicans rejected the measure on the grounds that it approximated "gay marriage," although Pascoe denied it. Meanwhile, the regents of the University of Colorado heard testimony last week on adding sexual orientation to the categories protected in its nondiscrimination policy for students, faculty and staff. Although a half-dozen witnesses spoke in support of the move, some regents expressed concerns it might lead to actively recruiting gays (adding sexual orientation to the affirmative action statement will be discussed separately), some that it would inevitably lead to employee domestic partner benefits, and others that the number of protected categories might expand indefinitely (there are now eight).
Nebraska
The Judiciary Committee of Nebraska's unicameral legislature on February 21 heard testimony on LB 19, to prohibit employment discrimination based on sexual orientation. Chambers called the bill "nothing less than a plea for human decency and social justice." Emotions were ratcheted up a notch by the state's 70 percent vote of approval in November for Initiative 416 to deny legal recognition to gay and lesbian couples -- not just legal marriages, but civil unions and domestic partnerships. Some supporters viewed the civil rights measure as a last chance to retain gay and lesbian workers who might otherwise feel driven from the state by Initiative 416.
Montana
Former Montana Governor Marc Racicot's (R) surprise parting gift to gays and lesbians was a new set of state employment guidelines which prohibit discrimination based on sexual orientation. On February 19, the state House Administration Committee deadlocked 9 - 9 on a bill (HB 511) to undo Racicot's move, the Associated Press reported. The bill's sponsor House Speaker Dan McGee (R-Laurel) insisted that, "Homosexuality is not the issue. At issue is the proper role of the Legislature," whose laws he said should be the basis for administrative rules, while Racicot's rules go beyond Montana statutes.
The Montana House Judiciary Committee voted 17 to 3 to reject the sodomy repeal bill HB 353, with supporters calling the toothless law a statement against homosexuality that would help uphold societal norms. Although similar reform measures have previously been defeated, the committee vote was more lopsided than it might have been had not committee chair Jim Shockley (R-Victor) attempted a compromise that backfired. Representative Tom Facey's (D-Missoula) original measure would have deleted all the unconstitutional language from the state criminal code, but Shockley amended it to retain a statement that homosexual acts are "deviant" without making them criminal. Instead of bringing repeal supporters and opponents together, this move convinced a number of repeal supporters to vote against the amended bill. An attempt to re-amend the bill to its original form failed. The bill is probably dead for this session.
A bill to add sexual orientation to victim characteristics in Montana's hate crimes law has already been defeated this session, as was an attempt to revive it, but citizens have been holding demonstrations to express their rejection of anti-gay crimes. Spurred by a January attack against a gay Carroll College student in his own dormitory and a February attack against a bartender outside a Billings gay bar, a candlelight vigil and rally at the University of Montana and a speakout at a church were both scheduled in Missoula, while a flashlight march was held in Billings. Although both hate crimes were serious assaults, there is special concern at this time for the bartender, who suffered brain damage from which he may not fully recover; he remains hospitalized, without health insurance and unable to work, and fund-raising is underway to try to help him.
Utah
The Utah state Senate on February 19 voted 16 to 12 to reject a hate crimes bill only to recall it the following day and pass it by a vote of 21 to 5. The difference was a small amendment suggested by state Senate President Al Mansell (R-Sandy/Draper) and state Senate Majority Whip John Valentine (R-Orem) to sponsor state Senator Pete Suazo (D-Salt Lake City): to require that the bias motivation be "demonstrated by the defendant's actions at the time the offense was committed." That satisfied state Senate Majority Leader Steve Poulton (R-Holladay) and most other Republican state Senators that if enacted the bill would punish actions rather than thoughts or affiliations.
Although Utah already has a hate crimes law, it has proven to be unenforceable, including in a recent high-profile gay-bashing case. Suazo's SB 37 is modeled after the existing law in Texas, referring to the perpetrator's selection of the victim "primarily because of actual bias or prejudice against a group" rather than a listing of specific categories, although the Texas law has also proven problematic and is believed by many to be unconstitutional. The fate of the bill in the Utah House is far from clear: a House committee has already voted down a companion bill, a similar measure was defeated on the House floor last year, and it's also possible that the current legislative session will end before SB 37 makes it to the House floor.
Arkansas
The Arkansas House Judiciary Committee voted 11 to 5 against a hate crimes bill which had previously passed the full state Senate. Senator Bill Walker (D-Little Rock) said he'll try to revive SB 35 later, attributing the defeat to a campaign of misinformation. The bill he's carrying was drafted by the state Attorney General's office and would increase sentencing by as much as one-fifth if the victim was selected based on perceived membership in any of nine categories including sexual orientation. Arkansas is one of seven states with no hate crimes law at all.
Texas
The closely-watched Texas hate crimes bill passed the state House Judicial Affairs Committee by a party line vote of 7 to 2. Its companion bill in the Texas Senate has already passed out of committee. HB 587 is named for James Byrd, Junior, the African-American who in 1998 was notoriously dragged to his death behind a pickup truck by three white supremacists in Jasper, Texas, and once again members of his family testified in its support. Texas House sponsor Senfronia Thompson (D-Houston) retorted to those who complain the bill would create divisions and unequal treatment that, "We have enhanced penalties for assaults on police officers, legislators, oil wells, pigs, chickens and cows. In this time we should offer equal protection to people who are attacked because of their skin color, their religion, their sexual orientation." Another of those testifying in support of the bill was Cruz Saldana, who tearfully described the 1994 death of his brother Ernie at the hands of five men in Austin who called him "queer" and "faggot" as they beat him. Activists have planned a March Against Hate to the state Capitol in Austin on March 18 in support of the bill.
West Virginia
The West Virginia Senate Judiciary Committee on February 20 passed SB 23, a measure to add age and sexual orientation to the six victim categories now included in the state's hate crimes law, Rather than increasing the sentence for some other offense based on bias motivation, West Virginia's law treats a hate crime as a felony charge in itself, punishable by up to ten years in prison and a fine of $5,000. State Senator Karen Facemyer (R-Jackson) complained during this week's debate that, "Every time we add a category, we'll have to add another category," and said she was tempted to file a bill to include Republicans as well. State Senator Jeff Kessler (D-Marshall) retorted that in fact Republicans are already covered, since one protected category is "political affiliation".
KY
A bill some feared would make it easier for killers of gay men to go unpunished has advanced in the Kentucky state legislature, but only after it was somewhat toned down with amendments. HB 49 to expand the legal grounds for killing in self-defense passed the Kentucky House Judiciary Committee by a vote of 10 - 3 (with two abstentions) . It will next be considered on the floor of the House, if time allows in a short legislative session. HB 49 sponsor state Representative Bob Damron (D-Nicholasville), who previously decriminalized concealed weapons in the state, believes his measure will protect the rights of victims of crime and has denied any anti-gay motivation for his bill.
Existing Kentucky law already recognized as legitimate self-defense a killing to fend off "sexual intercourse compelled by force or threat" (i.e., rape), as well as kidnapping, serious physical injury and death. Originally HB 49 was to add, along with burglary and robbery, "deviate sexual intercourse" -- including oral and anal sex, in the language of state law, even though Kentucky's sodomy law was struck down in 1992 -- but without the "compelled by force or threat" phrasing. In the committee Damron himself amended that to more specific degrees of forced "sodomy." Damron has said that he believes the specific addition would actually serve most to protect gay men, who are often victims of forced sex, although others believe courts would already recognize sexual assaults other than heterosexual rape in this context. Damron had previously told the gay/lesbian/bisexual/transgender newspaper Southern Voice that, "If I thought this bill would validate the gay panic defense, I would withdraw it immediately. I'm not promoting a bill that would give someone the right to kill someone because of his lifestyle."
Arizona
Arizona's House Judiciary Committee heard testimony on a bill that would repeal the state's archaic laws dealing with cohabitation, sodomy, and "lewd and lascivious" acts and voted 7 - 3 to approve it. After hearing witnesses, three Republicans joined the Democrats in support of HB 2414, introduced by state Representative Kathi Foster (D-Phoenix). Norma Odezzio, the CWA legislative liaison, called homosexuality an "unnormal lifestyle" and warned that passage of the bill would "be an act of legitimacy" for the homosexual activists. In her testimony, Odezzio stated the dictionary defines anal sex as "an unnatural act between two men. And an unnatural between a man and an animal." Representative Foster then asked Odezzio, "As a married woman, I have violated Arizona's archaic laws, should I be punished?" Odezzio said the laws shouldn't go into the bedroom.
