Image provided by: University of Oregon Libraries; Eugene, OR
About Just out. (Portland, OR) 1983-2013 | View Entire Issue (April 18, 1997)
Ju st out ▼ aprii 1 8 . 1 9 9 7 T i l ENDA the L ine “I think Chuck has really gained a lot of respect from moderate Republicans and Demo A newly crafted version of a once-floundering crats for his willingness to stand by his prin antidiscrimination employment bill may get a ciples,” says Pack. As for whether leadership will punish Carpen hearing and work session as early as April 21. That prediction from Barry Pack, executive ter, Pack says: “Who knows if he will be repri director of Right to Pride, a statewide gay, lesbian manded in some way? All I can say is that this and bisexual rights group, comes on the heels of typically is a place where no action goes without some political hardball initiated by Oregon Rep. consequences.” We asked Carpenter to ponder that same ques Chuck Carpenter, an openly gay Portland-area tion when we spoke with him the morning after Republican. Fed up with the lack of activity on his House the compromise was reached. “Nothing has happened yet,” he says. “But I Bill 2734, a k a Oregon ENDA, which bars dis crimination in the workplace on the basis of actual look at it this way: What’s the point of being in a or perceived sexual orientation, Carpenter recently position where you can make a difference but you employed a parliamentary maneuver that brought choose not to because you want to maintain your the House to a standstill for nearly two days. Though Carpenter insisted he had majority support for HB2734, it languished for weeks in the House Judiciary Committee, which is chaired by the far-from-gay-rights-friendly John Minnis (R-Wood Village). According to Pack, during an April 11 conver sation among Minnis, Carpenter and Speaker Lynn Lundquist (R-Powell Butte), Minnis warned Car penter "not [to] push the issue any more because [HB2734] was not going to see the light of day.” "After that we knew we had to use a drastic measure which we’ve actually had in reserve for Chuck Carpenter months,” Pack says. “Until now we were good girls and boys, but it wasn’t getting us anywhere.” power? It defeats the purpose of why we’re here.” That "drastic measure” was a motion brought by Carpenter on April 14 to move HB2734 from DOMA L ikely to F ly Judiciary to the floor for a vote. Carpenter, Rep. Jim Hill (R-Hillsboro) and all HB2734 may have been stuck in the legislative 29 House Democrats were set to back the motion. muck. Unfortunately, the same cannot be said In an effort to avoid an embarrassing defeat. about Senate Bill 577, which received a hearing Republican leadership adjourned, meaning the before the Senate Rules Committee on April 3. SB577, the so-called Defense of Marriage motion died. Carpenter could have renewed the motion the Act, was introduced in February by state Sen. following day. However, he did not need to be Marylin Shannon, a Salem-area Republican. The bill would define marriage as the union cause the parties reached a compromise: HB2734 would remain in Judiciary, but a nearly identical between a man and woman, and says same-sex bill would be crafted and sent to the House Com marriages performed elsewhere will not be recog merce Committee, where it would see some action. nized in Oregon. RTP got wind of the hearing the same day it Carpenter and Pack had initially hoped—and expected—HB2734 would be assigned to Com was held. “I learned about it at 9:30 am and the merce, which was viewed as the most supportive hearing was set for 3 pm,” says Pack. "As you can committee. A few weeks back, Pack even told imagine, we jumped on the phone and scrambled Just Out that Eldon Johnson (R-Central Point), to get as many people to the hearing as we could.” Relatively speaking, RTP did an admirable chair of the House Commerce Committee, had anticipated the bill’s referral to Commerce and job— SB577 opponents who testified outnum bered proponents eight to one. had already assigned a March 13 hearing date. “We had six legislators and 24 citizens who HB2734 was instead placed in Judiciary. testified in our favor,” says Pack. “The other side “So essentially we’re now where I wanted us to be all along—in Commerce,” says Carpenter. had four of the bill’s sponsors testifying.” RTP’s contingent included longtime lesbian Carpenter has said from the beginning he was and gay couples, PFLAG parents, a representa willing to play tough on this issue. From the opening of the 1997 session in Janu tive from the Oregon chapter of the American ary, he said he would side with Democrats on key Civil Liberties Union, state Reps. George Eighmey Republican legislation if push came to shove. The and Chuck Carpenter, and Democratic state Sens. GOP controls the House by the narrowest of Susan Castillo, Kate Brown, Avel Gordly and margins—31 to 29 Dems—thus such a move Ginny Burdick. Always a colorful character, Eighmey offered could have a notable impact. I an amusing albeit compelling amendment to SB577. “It says if they’re really serious about mar riage being sacred, then people who are married and divorced twice cannot get married again in Oregon,” says Eighmey. ‘That wipes out two of the committee members—one who has been mar ried three times and another four times.” He adds, “It makes the point that [SB577] isn’t about ‘protecting marriage’ but rather about bash ing gays and lesbians.” Don’t expect to see Eighmey’s idea get too far. Unlike years past, there was no sign at this hearing of Lon Mabon and company. “It shows the OCA is absolutely a nonentity this session,” notes Pack. George Eighmey Given the bipartisan popularity of the bill, however, that probably doesn’t matter. Pack ex pects this baby to easily fly out of the Legislature. There is still no word on whether Gov. John Kitzhaber would place his signature on the dis criminatory measure. H oping for a L ogjam JoAnna McNamara has been lobbying her own assortment of lawmakers of late, trying to convince them not to move Senate Bill 482. That legislation would revise state discrimi nation laws against disabled persons, by in part modifying the legal definition of a disability to specifically exclude transsexuals from coverage. The Lake Oswego attorney was instrumental in getting the Oregon Bureau of Labor and Indus tries to reverse years of policy to accept com plaints from transsexuals who claim discrimina tion because of their status as transsexuals. After McNamara persuaded the agency that transsexualism must be considered a protected disability under Oregon law, BOLI began accept ing such claims in October. McNamara could see all that shattered by SB482, whose wording in part matches an amend ment to the federal Americans with Disabilities Act of 1990. That amendment, brought by ultraconservative Republican Sen. Jesse Helms, states that under federal law a person with one or more of the follow ing conditions is not a disabled person: “transvestitism, transsexualism, pedophilia,exhibi tionism, voyeurism, gender identity disorders not resulting from physical impairment, or other sexual behavior disorders.” The list also includes compul sive gambling, kleptomania and pyromania. SB482 was introduced by Sen. Gene Derfler (R-Salem) at the request of Associated Oregon Industries, which represents the interests of Oregon’s business community. An AOI lobbyist told Just Out the bill was not intended to “single out” any group, but rather was designed to bring state law into line with federal law. The bill has been reassigned to the Business, Law and Government Committee after inadvert ently being placed in the Health and Human Services Committee. McNamara says she has met with many Busi ness, Law and Government Committee members and has been greeted with everything from a “glazed-eye stare” to the “kissy-face” (read: It’s nice to meet you, now go away) to support from Sens. Kate Brown and Randy Leonard, both Port land Democrats. “Things are pretty stuck in the Legislature now,” she says. “I’m hoping this is one bill that stays that way.” U nlooked - for H elp In Rose City political news, the Portland City Council passed a resolution on April 9 endorsing Basic Rights Oregon’s Fair Workplace Project, which promotes education around job discrimina tion based on sexual orientation. According to BRO head Jean Harris, the ac tion stemmed from a recent meeting she had with Commissioner Erik Sten. “I was there talking about domestic-partner- ship issues when we started discussing the Fair Workplace Project. That’s when [Sten] asked whether BRO would like the Portland City Coun cil to consider a resolution endorsing the project,” she says. “I said every time Portland takes a visible stance on this issue it could help commu nities across the state.” The council—except for Mayor Vera Katz, who was traveling abroad—gave its unanimous backing to the proposal. “I then talked about how Oregon ENDA was being sat on in committee,” says Harris. “All the commissioners seemed very concerned, and a few asked what they could do to help.” She says Commissioner Jim Francesconi of fered to speak with Rep. John Minnis, chair of the committee where Oregon ENDA is holed up. (Interestingly, anyone following the controversy involving the Metropolitan Human Rights Com mission will know that Francesconi’s office has recently challenged the philosophy that govern ment should play an advocacy role with respect to human rights.) For her part, Harris says she’ll take what support she can: “Every little bit helps.” Reported by Inga Sorensen