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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (June 6, 1997)
ju st o u t ▼ juno 6 , 1 9 9 7 ▼ 17 P O L IT IC A L SN A P SH O T S T hree -R ing ENDA Barry Pack, executive director of Right to Pride, a statewide gay, lesbian and bisexual rights group, hopes the adage “third time’s a charm” holds true for the Oregon Employment Non- Discrimination Act. RTP is continuing to ponder ways to maneu ver an employment nondiscrimination bill through a legislative minefield which has already forced the introduction of two versions of the measure. That number has jumped to three. “Since the Senate president refuses to allow any amendments of social issue bills, we’ve intro duced another version that includes adjustments necessary to move forward,” says Pack. The new legislation. Senate Bill 12 17, basi cally models House Bill 3719, a k a Oregon ENDA, which prohibits employment discrimina tion based on sexual orientation. HB3719 cleared the Republican-controlled House on April 29 by a 40-20 vote. It mirrored HB2734, the first version of ENDA introduced, which was languishing in the House Judiciary Committee. Some bold maneuvering by Republican Rep. Chuck Carpenter, ENDA’s chief sponsor—as well as unwavering support from Republican colleague Jim Hill—spawned the creation of HB3719, which was sent to a more friendly com mittee, passed out and ultimately approved by the full House. HB3719 then crossed over to the Senate Liv ability Committee, whose members include anti gay-rights Republicans Eileen Qutub of Beaver ton and Bob Kintigh of Springfield. (Pack wanted the bill to be assigned to the Senate Business, Law and Government Committee, considered to be the most amenable to ENDA.) Pack says there appeared to be majority sup port for HB3719 but only if adjustments were made. Senate leadership, however, disallowed social issue bills from being amended, a move which Pack dubbed a “real double-cross.” Enter a third ENDA. According to Pack, SB 1217 is basically the same as its predecessors, except for changes per taining to a religious exemption and attorney fees. The latest version is cosponsored by state Sens. Kate Brown (D-Portland). and Jeannette Hamby (R-Hillsboro), and cosponsored by Car penter. Pack says the adjustments should make it easier to muster the necessary 16 votes to pass ENDA in the 30-member, GOP-dominated Senate. He adds that several Senate committees have already closed down in preparation for a June 13 adjournment—the date legislative leaders have selected to end the session. He says a special Senate committee will likely consider SB 1217- In related news, Deanna Smith, chair of the Oregon Republican Party, and vice chair Perry H om es for people who like The bill was amended, however, to remove sexual “orientation,” though it still includes the phrase “sexual behavior and attitudes.” ‘That’s a positive change,” Pack says of the removal. “Orientation is different from behaviors or attitudes,” he says. In its original form. Pack worried HB2569 could negatively impact queer youth who may, for example, seek school counseling services. He hopes the exclusion of “orientation” will make it easier for youth to get services. Getting the information they need, however, may be more difficult due to another amendment that stipulates that school districts make “instruc tional materials that are part of any program Chuck Carpenter George Eighmey available for inspection by the parents or guard Atkinson, got egg on their faces after suggesting He says RTP will nonetheless attempt to sty ians of any student.” Carpenter and Hill ponder leaving the GOP. mie movement. Gov. John Kitzhaber remains Those materials “may include teachers’ manu Smith and Atkinson expressed anger at the mum on the matter. als, films, tapes or other supplementary material duo for threatening to join Democrats in a legis If the governor did veto the bill, Shannon has that will be used in connection with any survey, lative blockade unless ENDA moved. a similar measure waiting in the wings, which analysis or evaluation as part of any program.” The letter, dated May 16, reads in part: includes a referendum clause, meaning if ap The bill now shifts to the Senate for consider “[ENDA] is in direct contrast to the Oregon proved by lawmakers it would circumvent a gu ation. Republican Platform. You are turning this legis bernatorial veto and go directly to the people for lative session into a circus to advance a philoso a vote. T he C lause H as C laws phy that is detrimental to the philosophy of this party and the vast majority of its members.” The Senate Bill 44 was approved June 2 by a 21 -9 missive then suggested the men straighten up W ill the B an B e B ombed ? Senate vote. SB44 in part prohibits employment their act or take a hike. There’s also no definitive word on whether discrimination against an individual by reason of Thing is, if Carpenter and Hill had said yes to the Kitzhaber will veto Senate Bill 680, which pro his or her relationship or association with a dis invite, the GOP would relinquish its slim majority in hibits any school board, community college, state abled person. the House (the Republicans control 31-29). college or university from barring military re Recently hearings were held to consider an “Can’t [Smith] count?” chuckles Pack. cruiters from campus. amendment to SB44, which in essence would Carpenter and Hill, however, say they’re stay The measure, sponsored by Republican Sens. blend the language of Senate Bill 482 into SB44. ing put—for now, at least. Randy Miller of West Linn and Shirley Stull of SB482 aimed to revise Oregon discrimination Keizer, was prompted by the Portland School laws against disabled persons by bringing state Board’s approval two years ago of a recruiting law more in line with federal statutes. ban on its campuses. Its wording mirrored the federal Americans M arriage L ooks to B e S afe The board took that action in response to the with Disabilities Act of 1990. a portion of which The Oregon Defense of Marriage Act has been U.S. military’s ongoing discrimination against specifically excludes transsexuals. assigned to the House Judiciary Committee, openly gay and lesbian service members. Oregon’s disability law is currently based on chaired by John Minnis (R-Wood Village). In OKing the ban, the Portland School District the Rehabilitation Act of 1973, which incorpo Minnis, you may recall, was widely viewed as became the first, and thus far only, district in rates no such exclusion. In fact, last October the the obstacle blocking the first version of ENDA. Oregon to do so, and remains just one of a few Oregon Bureau of Labor and Industries found that DOMA, a k a Senate Bill 577, sponsored by nationwide. transsexuals are a protected class under disability state Sen. Marylin Shannon (R-Brooks), defines SB680cruised through the Senate in April and law. marriage as the union between a man and woman. passed the House by a 38-22 vote on May 28. The passageof SB44 with the SB482 language It also says same-sex marriages performed else A governor’s aide has reportedly said Kitzhaber intact could have placed those protections in jeop where will not be recognized in Oregon. is leaning toward a veto, due to concerns about the ardy. As expected, DOMA flew out of the Senate state Legislature interfering with a local school According to Pack, the transsexual exclusion with a 20-7 vote. Nineteen Republicans and one board decision. was dropped from SB44. The bill does, however, Democrat, Mae Yih of Albany, approved the bill include a clause which states “an employer may on May 22. not be found to have engaged in an unlawful “We knew this was a tough issue for us,” says T esting , T esting ... employment practice solely because the employer Pack, who expects DOMA to be considered first House Bill 2569, sponsored by Sunseri, has fails to provide reasonable accommodation to a by Judiciary’s subcommittee on family law, passed the House by a 25-23 vote. person with a disability arising out of chaired by the anti-gay rights Ron Sunseri (R- That measure initially barred school adminis transsexualism.” Gresham) and vice-chaired by the openly gay trators from administering tests, surveys, psycho “We’re still not quite sure what that means,” George Eighmey (D-Portland). logical or psychiatric exams, or evaluations that he says. 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Gregg McCarty 284-8666 fax 284-8645 " i Native American Gay and Men PROJECT RED TALON invites gay and bisexual Native American men to participate in a focus group. Topics will include: tribal/family acceptance; homophobia; HIV/AIDS; social networks; Native American culture; and other issues. Earn $25.00 Wednesday ; June 11 6:30-8:30J>M. The information will be used to develop HIV/AIDS prevention services for gay and bisexual Native American men in the greater Portland area. To sign up, contact: Jay LaPlante, Northwest Portland Area Indian Health Board, (503) 228-4185. Co-sponsored by Cascade AIDS Project.