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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (May 16, 1997)
ju st out ▼ m ay 16, 1997 ▼ 13 T he N ever -ENDA S tory The political drama involving Oregon ENDA continues to unfold in Salem. All 29 House Democrats and two Republican representatives—Chuck Carpenter of the Port land area and Jim Hill of Hillsboro— have again locked together in coalition to push forward the employment nondiscrimination act. The crew first worked in concert last month to move the bill out of the House. Now they’ve turned their sights to the Senate. As you likely know, House Bill 3719, a k a Oregon ENDA, which prohibits employment dis crimination based on sexual orientation, cleared the state House on April 29 by a 40-20 vote. A floor vote on HB3719 occurred following some smart, bold maneuvering by Carpenter, ENDA’s chief sponsor, in mid-April. Angry that House Bill 2734— an earlier ver sion of Oregon ENDA—was holed up in the House Judiciary Committee, Carpenter motioned to move the bill out of committee to the floor for a vote. Carpenter and Hill, as well as all the House Demo crats, were set to back the motion. However, in an effort to avoid an embarrassing defeat. Republican leadership adjourned, meaning the motion died. The following day the parties reached a com promise: HB2734 would remain in Judiciary, but a nearly identical bill— HB3719— would be crafted and sent to the House Commerce Com mittee, where it would see some action. HB3719 subsequently flew out of Commerce and the full House, only to land with a thud in the Senate Livability Committee, which politicos describe as a rather obscure and “less than friendly” entity whose members include anti-gay-rights Republicans Eileen Qutub of Beaverton and Bob Kintigh of Springfield. ‘The Livability Committee—what’s that?” says Barry Pack, executive director of Right to Pride, a statewide gay, lesbian and bisexual rights group that is vigorously lobbying for HB3719. Pack wanted the bill to be assigned to the Senate Business, Law and Government Commit tee, considered to be the most amenable to ENDA. “1 think we would have at least gotten a fair hearing there,” says Pack, adding, “None of the lobbyists I have talked with seem to know what the Livability Committee is...but what we’ve heard is that Qutub asked for this bill to go there.” According to a committee administrator, Liv ability is essentially a “spill-over” committee dealing with a potpourri of measures—including those related to building inspections and some environmental matters—that other committees may be too overloaded to handle. In addition to Qutub and Kintigh, the commit tee includes pro-gay-rights Sens. Kate Brown and Ginny Burdick, both Portland Democrats, as well aschairTed Ferrioli, a Republican from John Day. Pack says measure supporters hope to bring a tally of 16 or more “yes” votes to leadership in order to move the bill forward. (The Senate is Pack says there’s no word yet on whether the controlled by Republicans by 20-10.) governor will sign or veto the measure. He admits, however, that task is much more difficult in light of a surprise move by Senate D oomed to DOM A? leadership to disallow “social issue” bills from being amended. Oregon ENDA may face a rocky road. Unfor Pack says potentially supportive senators have tunately, the same cannot be said of Senate Bill a few concerns about Oregon ENDA that could be 577, better known as Oregon DOMA. addressed via amendment. As we went to press, SB577 was poised to pass “But leadership tells us they won’t allow ‘so out of the Senate Rules and Elections Committee. cial issue’ bills to be The bill, sponsored amended. It’s totally lu by state Sen. Marylin dicro u s,” says Pack. Shannon, a Salem Re ‘They’re playing a real publican, prohibits double-cross here.” equal marriage rights Enter Carpenter, Hill for sam e-gender and the 29 House Demo couples. crats, who have linked to Like its federal pre form a 31-29 voting decessor, the measure block, which Pack says is dubbed the Defense will “strategically block” of Marriage Act, and selected Senate bills un defines marriage as the less HB3719 moves. union between a man ‘They will take some and woman. issues hostage unless Oregon DOMA there’s action,” he says. also says same-sex ‘T hey’ll do what needs to marriages performed be done.” elsewhere will not be He adds that con recognized in Oregon. cerned citizens can also The bill’s co-spon- do their part. sors include Kintigh. “Let your senator According to Pack, know that they should the bill could pass out support this b ill,” he of committee and go urges. to the floor for a vote As of press time. Pack within a matter of days. says a handful of key sena Kate Brown sits on the Senate Livability Commit Given the compo tors, namely Republicans tee, to which ENDA has been assigned sition of the chamber, Ken BakerofClackamas, Neil Bryant of Bend and Pack expects SB577 to pass the full Senate with Brady Adams of Salem, remained uncommitted. ease. “We’re already turning our attention to the House, but given the public’s view on the mar T hey R ecruit , T oo riage issue, well, I’m not expecting too much,” he One bill that may be caught in the backlog is says. Senate Bill 680, which was expected to pass out In other words, expect this baby to fly out of of the House this week (by press time it had not). the Oregon Legislature and land on the governor’s That bill prohibits any school board, commu desk for a signature. nity college, state college or university from bar Gov. John Kitzhaber remains mum on the ring military recruiters from campuses. matter. The measure, sponsored by Republican Sens. If the governor does veto the bill. Shannon has Randy Miller of West Linn and Shirley Stull of a similar measure waiting in the wings that in Keizer, was prompted by the Portland School cludes a referendum clause, meaning that if ap Board’s approval two years ago of a recruiting proved by lawmakers it circumvents a gubernato ban on its campuses. rial veto and goes directly to the people fora vote. The board took that action in response to the “This is definitely a tough one for us,” says U.S. military’s ongoing discrimination against Pack. openly gay and lesbian service members. During an April 3 hearing, SB577 opponents In OK’ing the ban, the Portland School Dis who testified outnumbered proponents 8-1. trict became the first—and thus far the only— Those who spoke out against the discrimina district in Oregon to do so, and remains just one of tory measure included longtime lesbian and gay a few nationwide. couples; Parents, Families and Friends of Lesbi SB680cruised through the Senate in April and ans and Gays parents; a representative from the should do the same in the House. Oregon chapter of the American Civil Liberties Proudly Serving Our Community Union; Democratic Rep. George Eighmey and Republican Rep. Chuck Carpenter; and Demo cratic Sens. Susan Castillo, Kate Brown, Avel Gordly and Ginny Burdick. T he R evolving D oor of R ights In other legislative news, political observers say they expect Senate Bill 44 to clear the Senate Business, Law and Government Committee and then the full Senate. SB44 in part prohibits employment discrimi nation against an individual by reason of his or her relationship or association with a disabled person. Recently hearings were held to consider an amendment to SB44, which in essence would blend the language of Senate Bill 482 into SB44. SB482 aimed to revise Oregon discrimination laws against disabled people by bringing state law more in line with federal statutes. Its wording mirrored the federal Americans with Disabilities Act of 1990, a portion of which specifically excludes transsexuals. Oregon’s disability law is based on the Reha bilitation Act of 1973, which incorporates no such exclusion. In fact, last October the Oregon Bureau of Labor and Industries found that transsexuals are a protected class under disability law. The passage of SB482—or SB44 with the amendment adopted—could ultimately smash those protections to bits. Some bill opponents hold out little hope of stopping SB44 (with the SB482 incorporation) in the Senate, and hope to persuade representatives to drop the exclusion reference in the House proposal, prompting a compromise between the Senate and House versions. T est A nxiety Also poised to move is House Bill 2569, spon sored by Rep. Ron Sunseri (R-Gresham). HB2569 in part bars school administrators from adminis tering tests, surveys, psychological or psychiatric exams, or evaluations that address, among other things, sexual behaviors, orientation or attitudes unless parental/guardian consent is obtained. According to Pack, that could, for example, impact queer youth who may seek school counsel ing services, or efforts to gather information re lated to youth suicide. At press time, the bill was scheduled for a work session in the House Education Committee. “The scheduled work session tells me they’ve got the votes to pass it,” says Pack. Reported by Inga Sorensen. 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