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.
If you don't know who your senators or
representatives are, call Right to Pride at
228-5825. Gov. Kitzhaber’s office
can be reached at (503) 378-3111.
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