My Statements Re: HB 516, HB 514

February 18, 2011

Montana Legislators,

Every community should have the right to decide its own ordinances of inclusion. Ordinances of exclusion, usually reserved for dictatorships, theocratic states and societies of intolerance are another matter.
Creating a law that disallows protection is counterintuitive to the purpose of government as set forth in both the Federal and State Constitutions, in which are stated explicitly the government’s purpose to protect the citizenry from discrimination, violence and other harms.
This is an attempt to write prejudice and bigotry into the law. It is an attempt to tie local ordinances to State law in a way which keeps government from evolving as understanding, both scientific and social, creating a top-down model, instead of a cooperative, interdynamic process.
It is a blatant and ignorant effort to push a personal agenda of intolerance toward LGBT persons in obvious defiance of biological, social and psychological science.
This bill is discrimination and rejection of the right of communities to protect the citizens as they believe necessary. It enshrines bigotry, ignorance and personal belief in defiance of science, human experience and freedom.

1. The reality of difference in sexual orientation and gender identity is acknowledged by this bill.

2. The scientific evidence and positions of the scientific community regarding the reality of different sexual identities/orientations and the fluidity of gender identities are clear. The American Psychological Association recognizes the reality of heterosexuality, bisexuality and homosexuality. The APA also advocates against discrimination based on sexual orientation and gender identity. Regarding sexual orientation:

Research has found that the people who have the most positive attitudes toward gay men, lesbians, and bisexuals are those who say they know one or more gay, lesbian or bisexual person well, often as a friend or co-worker. For this reason, psychologists believe that negative attitudes toward gay people as a group are prejudices that are not grounded in actual experience but are based on stereotypes and mis-information. Furthermore, protection against violence and discrimination are very important, just as they are for any other minority groups. Some states include violence against an individual on the basis of his or her sexual orientation as a “hate crime,” and ten U.S. states have laws against discrimination on the basis of sexual orientation.

Regarding gender identity:

THEREFORE BE IT RESOLVED THAT APA opposes all public and private discrimination on the basis of actual or perceived gender identity and expression and urges the repeal of discriminatory laws and policies;

THEREFORE BE IT FURTHER RESOLVED THAT APA supports the passage of laws and policies protecting the rights, legal benefits, and privileges of people of all gender identities and expressions;

THEREFORE BE IT FURTHER RESOLVED THAT APA supports full access to employment, housing, and education regardless of gender identity and expression;

The American Medical Association says the following:

AMA Policy Regarding Sexual Orientation
General Policies:

H-65.992 Continued Support of Human Rights and Freedom. Our AMA continues (1) to support the dignity of the individual, human rights and the sanctity of human life, and (2) to oppose any discrimination based on an individual’s sex, sexual orientation, gender identity, race, religion, disability, ethnic origin, national origin or age and any other such reprehensible policies. (Sub. Res. 107, A-85; Modified by CLRPD Rep. 2, I-95; Reaffirmation A-00; Reaffirmation A-05; Modified: BOT Rep. 11, A-07)

H-65.983 Nondiscrimination Policy. The AMA affirms that it has not been its policy now or in the past to discriminate with regard to sexual orientation or gender identity. (Res. 1, A-93; Reaffirmed: CCB Rep. 6, A-03; Modified: BOT Rep. 11, A-07)

H-65.990 Civil Rights Restoration. The AMA reaffirms its long-standing policy that there is no basis for the denial to any human being of equal rights, privileges, and responsibilities commensurate with his or her individual capabilities and ethical character because of an individual’s sex, sexual orientation, gender, gender identity, or transgender status, race, religion, disability, ethnic origin, national origin, or age. (BOT Rep. LL, I-86; Amended by Sunset Report, I-96; Modified: Res. 410, A-03)

Does Montana want to ignorantly proceed against the example of these two esteemed organizations?

3. Protection is not a special right, it is an equal right. We all have the right to live in peace and without the threat of violence, discrimination or subjugation. Studies and experience show that LGBT persons are constantly subject to bigotry, violence, and harassment. Indeed, LGBT teens are the highest risk group for suicide attempt and completion. Much of that is due to oppressive or negligent laws that fail to promote a sense of self-worth for every law-abiding citizen.

4. Montana has a history of live and let live. Without this bill, the lives of a significant number of Montanans are prevented from being full lives of integrity and equality. Without this bill, you continue to promote a second and third class of Montanans.

Sincerely,

D. Gregory Smith, MA, LMHCA

Butte

Shining A Light Into The Scary Scary Dark…

Feb17 by D Gregory Smith

Whether or not you believe the Montana Legislature has lost it (I don’t want to make clinical assessments about persons I haven’t evaluated personally); whether or not you believe some of the tripe that is being considered for legislation (I know- paranoia is hard to ignore); whether or not you are a believer in term-limits (where are the ~~statesmen~~ statespersons who are concerned for the long-term health and well-being of Montana, and not just for the spasmodic pushing through of personal, unscientific and socially ignorant positions? Sorry, bad sentence structure- read again) and whether or not you are a reasonable human being who would rather they just all go away and not come back for another two years (I’m trying to be open to the process, but I’m losing patience fast); this Legislature is doing things that require the voice of reason to increase in volume.

To wit: Nutjob Bills In The Montana Legislature.

And etc.: Natural Disaster: Republican legislators wage war on Montana’s environmental laws.

And just in case you missed it, the poster child of the 2011 Montana Legislature.

There is a chance to make your voice heard. Get involved. Speak.

And if you want some company, go here.

Rehberg’s Smart-ass Bullying Noticed & Etc.

Feb16 by D Gregory Smith

…by The New York Times. So much for backwater backslapping.

Not that it will change the arrogance of this man. I expect a statement soon which comes far short of an apology- probably further ostracizing the judge (and/or his children- who wrote to the Independent Record) for being a cry-baby or some other ridiculous shit.

Endangered species indeed- the humble representative, I mean.

Speaking of ~~stupidity~~ humility, one of the most painfully embarrassing things I’ve ever watched: Rep Bob Wagner with Anderson Cooper on CNN talking bout the Birther Bill he introduced in the MT Legislature (via Cowgirl).

Stand Up Against Discrimination!

Feb15 by D Gregory Smith

HB 516, which seeks to overturn the Missoula Ordinance and ban further ordinances of its kind, is coming up in the House Judiciary this Friday at 8 am. Also coming up that session will be HB 514, which seeks to add gender identity and sexual orientation to the Montana Human Rights Act.

Let’s show the legislators how important equality is to Montanans.

For those of you in Missoula, there will be carpooling to Helena. Meet at the Eastgate Parking Lot at 6 am.

Facebook page here.

Spread the word- PFLAG chapters, parents, siblings, children, allies, come together!

Cinderella- Again.

Feb14 by D Gregory Smith

In gratitude for life, love and surprises, I’m re-running this.

It’s all still true.

Cinderella I Ain’t
Originally published March 15, 2009

We were at the Black and White Ball last night in Missoula to benefit the Western Montana LGBT Community Center. It all started out fine. My clothes fit, I looked pretty good, Ken was handsome, a great circle of friends- dinner with people I love very much, and a ballroom full of people who supported me and my relationship as much as I supported theirs (or their desire to have some such). The atmosphere was nurturing, mostly. There were a few people obviously avoiding other people, but it wasn’t ugly or drama-filled or really at all awkward.

I was enjoying myself and my partner and my friends and the party immensely, and then something happened.

It crossed my mind later that the old cliche’ “there I was minding my own business, when suddenly…” seems to apply here. I really was. Minding my own business, I mean. I was talking to Hobie about something sort of innocuous but interesting, when Ken grabbed my hand and said to Hobie, “Could you excuse us for a minute?”

I was confused. Ken doesn’t really do that. Interrupt, I mean. And he hasn’t ever just grabbed me and pulled me aside for any reason that I can remember. I thought, “Oh shit, I’ve had a few drinks and maybe said something that I shouldn’t have and this is his way of telling me to keep my big mouth shut. That’s sweet- and a little embarrassing. I wonder what I said?” He was pulling me toward the front of the ballroom- toward the band, which was playing “A Rainy Night in Georgia” and the less crowded area of the dance floor. I figured I should ask him what was up. “Is there something wrong?” I said into his ear. He just grabbed my hand tighter and took me out onto the dance floor. “Nope,”he said. “I love this song and just wanted to dance with you.”

I was stunned.

Ken doesn’t dance. Or so he says. I’ve tried to get him to dance with me, but he’s always refused saying he feels he looks like a big, awkward bird and has no rhythm, is accident prone and etc. I always say it doesn’t matter, I don’t care what you look like or how you dance and still, he’s not been up for it. And so, we haven’t danced.

I didn’t push it, because there are certain things I don’t like to do- long distance running for instance, that Ken enjoys. I figured if I let some of mythings go I wouldn’t be pressured to go jogging or spend six hours in a shoe store. It’s that compromise place you reach when you love someone so much you realize that part of what you love is their difference– there’s no need to be exactly alike or enjoy the same things. Otherwise, why bother having a partner at all? I want someone who shows me the view from their life, through eyes and experiences not my own. And this he does. Sometimes with a grace that takes my breath away. Sometimes it’s more akin to blunt force trauma. Mostly it’s somewhere in between. But tonight-

He pulled me close and kissed me lightly and we gracefully moved to the music. In a room filled with people that didn’t see us as freaks or perverts or abominations of nature, we simply danced. A very normal thing for people in love to do in a public place where there’s music….

It was wonderful. Stunning. Perhaps one of the best moments of my life. I felt safe and at ease and excited and, well, just right. I still do.

And as the music ended, and I felt all warm and happy, full of love and grateful for the surprise of this man, I found myself thinking, ever so briefly, “I’m going to return the favor someday.”

I don’t think it’ll be running, though.

Sunday Sign

Feb13 by D Gregory Smith

I’m going to start a new feature on FETH- Signs On Sunday. I’ve put up a few here and there over the years, but there seems to be so many witty, illiterate, ironic, unintentionally risque’ and just plain funny public notices. You’ve probably seen at least three this week. Now I’m going to give you a chance to share this with the world, so get out your cameras and record a sign for posterity!

Email them to me at Dgsma@hotmail.com– and put Sunday Sign in the subject line. Please include at least your first name and the location of the sign (City, state, country, etc.) I’ll assume the public nature of the sign for legality of publishing.

Have fun! Here’s one of my favorites:

Reminds me of the motto of my little group in the seminary: “Fake right, go left”….

Bill Would Prohibit All Local Non-Discrimination Ordinances

Feb11 by D Gregory Smith

Protect Local Anti-Discrimination Ordinances!

Rep. Kristin Hansen (R-Havre) has requested a bill to repeal the Missoula Nondiscrimination Ordinance that so many worked so hard to pass last spring. The ordinance protects Lesbian, Gay, Bi, and Transgender (LGBT) people from discrimination in the areas of housing, employment, and public accommodations. Rep. Hansen’s bill doesn’t stop with Missoula. It would prohibit any locality from passing an ordinance, resolution, or policy that protects a class of people beyond what the Montana Human Rights Act already covers! And it’s retroactive, which calls into question any personnel policy or resolution that a locality has already passed. Click here to read the bill.

We need you to contact Rep. Hansen TODAY at krishansen33@gmail.com

and ask her not to introduce LC1865! We are hoping that if she hears from enough Montanans by Monday, that she will drop this egregious effort. Please take a minute to email Rep. Hansen! This bill would prevent any Montana city from protecting LGBT people in the future. It is really important that Rep. Hansen hear from people all over the state!

Here are a few talking points for your message:

After Montana has failed to protect LGBT Montanans at the state level for decades, localities have decided to take the initiative and protect their own residents. This is the right of cities and counties across Montana. The state sets a minimum standard for protections against discrimination. Cities and Counties can expand protected classes.

LGBT Montanans deserve to live their lives and fully participate in their communities without fear of losing their jobs or housing because or their sexual orientation or gender identity and expression.

It is the right of cities and towns to take care of their residents and protect them from discrimination. The state of Montana should be in the business of extending these protections to LGBT Montanans, not repealing these protections.

We also got notice that SB 276, to repeal the unconstitutional language that criminalizes consentual, same sex sexual conduct has been set for a hearing on Tuesday, Februrary 15th in the Senate Judiciary Committee at 9:00 AM. Sen. Facey (D-Missoula) is carrying this legislation. Please email the committee and show your support by clicking here. Or you can attend the hearing and show your support in person!

Thank you for your continued support!

Sincerely,

Kim

Kim Abbott

Montana Human Rights Network

Join Today! Become a Member of the Montana Human Rights Network or make a donation at www.mhrn.org

“Shocking Ignorance Characterizes some Lawmakers’ Views On Gays”

Feb11 by D Gregory Smith

So says Edge Chicago. Excerpt:

In a healthy democracy, room for debate is part and parcel of public discourse. Such debate might include strong language, rhetorical flourish, and even the personal views of its participants, such as religious faith or an individual’s sense of aesthetics. But debate is only useful to the extent that it is relevant and informed.

When it comes to gays and lesbians, however, America’s lawmakers routinely demonstrate a profound and even shocking lack of factual knowledge. In some cases, the anti-gay claims put forward by the people in charge of formulating the nation’s laws rely on stereotype and myth; in others, the opinions of lawmakers seem to have been formed according to shallow conceptions of the people whose lives are impacted by discriminatory laws.

And yes, Montana’s Janna Taylor is discussed (and so is From Eternity To Here).

Give it a read– it’s important to know the stupid misinformation out there- so we can correct it.

HIV-specific Criminal Laws Popping Up Across Nation

Feb10 by D Gregory Smith

From The Michigan Messenger:

In opposition to President Barack Obama’s Office of National AIDS Policy (ONAP) National HIV/AIDS Strategy (NHAS), HIV-specific criminal law legislation has popped up in three states in the last two months.

Nebraska is considering a medically unsound piece of legislation making it a crime for HIV+ persons to expose law enforcement officials to their body fluids, while in Utah, the legislature is considering a law that would make engaging in prostitution while HIV+ (either as sex worker or client) more easily punishable.

And of course, Montana gets a mention.

And finally, during a debate on keeping the death penalty in Montana, a state law maker said a perfect reason to keep the law in place was because prisoners were making paper darts which they dip their blood in and then shoot them at guards in the prison.

But you know all about that. Read the whole thing here.

An Evening With Dustin Lance Black

Feb10 by D Gregory Smith

I have to admit, I went in completely biased.

Like many of you, I watched the Academy Award acceptance speech with tears in my eyes.

“…if Harvey had not been taken from us 30 years ago, I think he would want me to say to all of the gay and lesbian kids out there tonight who have been told that they are less than by their churches, or by the government, or by their families, that you are beautiful, wonderful creatures of value, and that no matter what anyone tells you, God does love you and that very soon I promise you, you will have equal rights federally across this great nation of ours.”

Like I said, completely ~~smitten~~ biased.

But when he began talking about not settling for “close, but not there”, and not giving up on the vision of panoramic human rights, and overcoming the paralysis of fear- “put your pencil on the paper and start moving it- something has to happen”, I knew my predisposition toward this gentle, fiery soul was completely justified. He talked not so much about activism as the promotion of reality- the reality that LGBT people are everywhere, they just want to love and be loved, and they’re not going away. And he’s right. We aren’t.

Unless we give up.

I sat in a full Ballroom at Montana State university with students, teachers, parents, cowboys and a few kids. This was a crowd that could have been distributed down Main Street, Bozeman, and it wouldn’t have seemed different from the normal pedestrian traffic. People listened to this young man- whose story of a rural Mormon upbringing probably hit close to home to many in the audience, with rapt attention punctuated by laughter and enthusiastic applause. Here was a non-apologetic gay man standing in front of a group in a (generally) conservative state whose constitution explicitly prohibits him from full equality, and his story was received respectfully, even enthusiastically. His story and vision no different from my own.

I then had a realization.

It wasn’t new, it had been knocking on the back door of my brain for a while, but I was now able to hear it. It was this:

I had turned all these people into the bullies from my childhood and young adulthood. I had created an enemy/threat out of people who were probably neither. I was projecting. (The irony of my professional blind spot is not lost on me here) I had imposed my childhood fears on (almost) every Montanan- and I’m not a child. I had allowed this weird, unarticulated fear to hold me back.

I don’t want to do that anymore. So I’m going to pay attention to the injustice sensor whenever it goes off- not just when it’s safe. That was my gift from Dustin Lance Black.

Well, one of them.

He answered my question about religion’s scarring of some LGBT’s with “every religion has something important to say. Mine taught me love and respect of family. …but religion is not its leaders. I wouldn’t listen to the leaders all the time. And anger and hurt about religion didn’t keep me from being spiritual.” He talked with people afterward, meeting every one who waited to see him. Of course, I stood in line.

I got a hug, a brief chat about my crazy life story and was able to thank him for his availability and candor. He thanked me right back. Gracious. From the word grace, meaning “elegance or beauty of form, manner, motion, or action”.

Elegant activism. I think I can do that.

Thanks, Lance.