februa/y 5, 1999
L egislative
L ip S ervice
Continued from the cover
a
date
for
passion
Portland’s
Human Rights Campaign
Fund Raising Gala
Saturday Feb. 13, ‘99
Portland Hilton
Featured Speakers: Dick Gephardt,
Ron Wyden, David Mixner
'and Comedian Bob Smith
Tickets are $150 per person
HUMAN
RIGHTS
CAMPAIGN
call
1 800 494-8497
-
-
seven days a week from 7am to 4pm
For More Information
Call 503/244-6951
On Dec. 9, the Oregon Court of Appeals
issued a mling in Tamier vs. OHSU, which stip­
ulates that all state and local governments in
Oregon must offer spousal benefits to the same-
sex domestic partners of their employees. The
ruling stemmed from a lawsuit brought by three
lesbian employees of Oregon Health Sciences
University who claimed their domestic partners
were entitled to benefits. The unanimous three-
judge panel said denying the benefits violated
the equal protection provisions of the Oregon
Constitution.
The ruling goes even further. It prohibits pri­
vate employers from discriminating on the basis
of sexual orientation in hiring, firing, promo­
tions and pay (but does not force them to pro­
vide health benefits).
Immediately following the ruling, Dave
Fidanque, executive director of the American
Civil Liberties Union of Oregon, noted its sig­
nificance, saying the “aspects of the decision
carry well beyond the actual parties in this case.
This decision completely changes the legal
landscape of employment law in Oregon.... For
the first time, an appellate court has said that
discrimination based on sexual orientation is
unconstitutional.”
In a legislative preview in Just Out’s Jan. 8
issue, Mannix offered: “I do think [the court]
really ran away with this one. There are times
where a particular revolutionary court decision
requires a reaction.”
The Democrat-turned-Republican didn’t
disappoint. He, along with Witt, reacted with
precision and speed. The duo are pushing House
Joint Resolutions 4, 5 and 6, which are intend­
ed to smash Tanner to hits.
The measures are referrals, meaning that if
they are approved by the Legislature, they go
directly to a state ballot for a vote, circumvent­
ing a possible gubernatorial veto.
Mannix, meanwhile, is trying to advance
another measure, House Bill 2354, which seeks
a special election on May 18 in which voters
would specifically consider the Witt-Mannix
referrals.
House Joint Resolution 4 proposes an
amendment to the Oregon Constitution that
requires legislators to establish laws that “recog­
nize, enhance and support marriage.” In this
case, marriage would pertain explicitly to a civil
contract between a male and a female.
House Joint Resolution 5 would amend the
constitution by creating a new section that says
state or local governments cannot provide insur­
ance benefits to the partner of an employee who
is not married to the employee unless the bene­
fits are approved by a majority of voters.
House Joint Resolution 6 also seeks to
amend the constitution to require state and
local governments to obtain voter approval
before they prohibit discrimination based on
“the sexual practices or sexual orientation of a
person.”
In other words, the majority would dictate
whether the minority receives discrimination
protection or access to some benefits.
The package doesn’t end there. House Bill
2076, promoted by Rep. Ron Sunseri, a Repub­
lican from Gresham, blocks gender reassign­
ment surgery from the list of health services cov­
ered under the Oregon Health Plan. It has been
assigned to the Human Resources Committee.
Senate Bill 150, backed by Sen. Thomas
Wilde, a Portland Democrat, declares a “zero
tolerance policy toward all forms of discrimina­
George Eighmey, former state legislator and
current executive director of Compassion in
Dying of Oregon
tion based on race, color, national origin, sex or
religion in state workplaces and in academic
institutions.” There is no mention of sexual ori­
entation or gender identity in the bill, which
has been assigned to the Judiciary Committee.
Ironically, the proposal declares “that all
branches of state government shall be leaders
among employing entities within the state in
providing to its citizens and employees, through
a program of affirmative action, fair and equal
opportunities for employment and advance­
ment in programs and services and in the award­
ing of contracts.”
Wilde tells Just Out that if he put sexual ori­
entation and/or gender identity in the bill, it
would be dead in the water.
“That’s the political reality,” he says. “It
wouldn’t see the light of day.... You have to take
what you think you can get, and then build on
that.”
House Bill 2374, proposed by Republican
Rep. Roger Beyer of Molalla, prohibits any state
funding from being used for abortion services or
services necessary to implement the Oregon
Death with Dignity Act, a law twice approved
by voters.
In short, the Oregon Death with Dignity Act
allows doctors to prescribe a lethal dose of med­
ication to patients diagnosed with fewer than six
months to live.
Another proposal, submitted by Mannix,
would allow the state attorney general’s office to
review documents filed about patients who uti­
lize the assisted suicide law. The information is
currently available to people outside the Oregon
Heath Division only through court order. Man-
nix’s measure, House Bill 2547, would allow the
public to review the information after confiden­
tial items have been blocked.
Former state Rep. George Eighmey, a gay
man who now heads up Compassion in Dying of
Oregon, says the Mannix measure is designed
have a “chilling effect” on patients who are pon­
dering using the law, and physicians who may
choose to participate.
“It’s just a way to impede access,” says Eigh­
mey, who served in the House during much of
the ’90s before being phased out by term limits.
Eighmey recently sent out an e-mail notice
alerting friends and associates to the legislative
goings-on.
“A few extreme conservatives in the Oregon
Legislature are once again attempting to over­
ride the will of the voters. In 1997, they sent
Measure 16—Death with Dignity—back to the
voters because they thought we didn’t know
what we were doing the first time we passed it,”
he wrote. “Now they want to send a measure to
the voters that will require us to vote affirma­
tively on ordinances that protect the rights of
gays and lesbians. Didn’t we tell them with our
votes on Measures 9 and 13 that we didn’t want
to discriminate against Oregonians based upon
sexual orientation? When will they learn?
“These same extremist legislators also say
they want to protect the sanctity of govern­
ment-sanctioned marriages, in many cases their
own second, third or fourth marriages.... Do
they fear the institution of marriage will be
destroyed if it is expanded to include more peo­
ple.7” he asks, adding, “Despite the illogical argu­
ments set forth by these extremist legislators we
must recognize that they may well persuade oth­
ers to follow their lead. We cannot, to our detri­
ment if we do, ignore their latest attacks. We
must be prepared to flood the hearing rooms
with those who oppose these draconian attacks
on gays and lesbians.”
Meanwhile, House Speaker Lynn Snodgrass,
a Republican from Damascus, says lawmakers
should pass a measure requiring doctors to noti­
fy parents when teens seek abortions.
In an apparent contradiction, Snodgrass pre­
viously told Just Out that social issues rank far
behind other concerns on her agenda, such as
education.
“I have very strong moral beliefs,” she said,
“[but] that doesn’t mean I’m out to build fires.”
As speaker, Snodgrass is a powerful player
who dictates which bills go to which commit­
tees; what legislation lives, and what dies.
(Republicans hold 34 of 60 votes in the House,
and control the Senate with 17 of 30 seats.)
In the same article, Senate President Brady
Adams, who is from Grants Pass, told Just Out:
“I’d be disappointed if the gay and lesbian com­
munity saw Republicans as an enemy or as a
threat, or say we’re trying to work against any
Oregonian. That’s not what I’m about, and not
what I think my colleagues are about.”
It appears Adams is wrong, at least with
respect to some of his colleagues.
“Right after the election everybody talks
about how they are looking forward to having a
cooperative, productive session,” explains Eigh­
mey, “but within two weeks, the honeymoon is
over and the sparks are flying.”
Harris says BRO has contracted with M & R
Strategic Services to provide lobbying assistance
in Salem.
According to Harris, Snodgrass has sent
HJR4, HJR5 and HJR6 to the House Judicia-
ry/Civil Law Committee, which is chaired by
Republican Lane Shetterly of Dallas.
She says Shetterly has previously supported
the Employment Non-Discrimination Act, a
state measure that seeks to prohibit employment
discrimination based on sexual orientation.
Harris says Snodgrass could have sent the
proposals to the Judiciary/Criminal Law Com­
mittee, chaired by Mannix.
“We would have been dead there,” Harris
says, adding, “With Shetterly we may at least
have a fighting chance of killing the referrals in
committee.”
HOW TO
G et I nvolved
P
eople are encouraged to write their state
senators and representatives to express
their opposition to the anti-gay referrals.
Basic Rights Oregon will send a sample let­
ter to those who request one.
BRO is also planning free lobbying train­
ing sessions on Feb. 9, 19 and 23. For more
information, call BRO at 222-6151.
The group is also working with the Rural
Organizing Project to reach rural communi­
ties and coordinate local in-district lobbying
for people who can’t make it to Salem. For
more information, contact ROP at
(503) 397-5453 or e-mail Marcy Westerling
at ropmarcy@columbia-center.org.