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!

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

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.

Press Release: Positive Justice Project Denounces Montana Legislator’s Uninformed Comments “…ignorance in the first degree…”

Feb9 by D Gregory Smith

Contact:

Catherine Hanssens, 347.622.1400 chanssens@hivlawandpolicy.org

Sean Strub, 646-642-4915 sstrub@hivlawandpolicy.org

New York, February 9, 2010 – Leading public health officials and advocates for people with HIV responded swiftly to news that a Montana state legislator, while testifying in favor of retaining the state’s death penalty statute, suggested that prisoners with HIV make paper “blow darts”, put their blood or saliva on them and throw them at prison guards in an attempt to kill them.

A video of the legislator’s comments was posted earlier today by blogger Don Pogreba at the Montana-based website intelligentdiscontent.com.

According to the federal Centers for Disease Control, HIV is not transmitted by saliva, and HIV in blood dies quickly after being exposed to air. HIV-infected blood does not survive outside the body long enough to cause harm, unless it penetrates mucus membranes.

The Positive Justice Project, a program of the New York-based Center for HIV Law & Policy, is a coalition of more than 40 public health, civil liberties and HIV/AIDS organizations combating HIV criminalization and the creation of a “viral underclass”; they oppose laws that treat people with HIV different from how those who do not have HIV, or who do not know their HIV status, are treated.

The Center’s executive director, Catherine Hanssens, said “Rep. Janna Taylor’s remark is ignorance in the first degree. Quite frankly, it is typical of the ignorance we had to deal with decades ago, early in the epidemic, when little was known about how the virus was transmitted. It is astonishing that an elected official today could be so fundamentally uninformed.”

Julie M. Scofield, executive director of the National Association of State and Territorial AIDS Directors (NASTAD), said “My plea to Rep. Taylor and legislators at all levels concerned about HIV is to do your homework, talk with public health officials and get the facts. Spreading fear about HIV transmission will only set us back in the response to the HIV/AIDS epidemic in Montana and every other state in the U.S.”

Other experts from Montana and national organizations also commented on Rep. Taylor’s remarks:

“Ms Taylor’s statement just shows the need for greater support and funding for HIV education and prevention in the State of Montana. Unfortunately, misinformation such as this is all too prevalent, leading to pointless discrimination and myth-based fears and policies. After 30 years of dealing with HIV, the public should be much better informed about its transmission. No wonder HIV infection rates haven’t stopped.”

— D Gregory Smith, MA co-chair of the Montana HIV/AIDS Community Planning Group, a licensed mental health counselor and a person living with HIV

“I am disturbed and disappointed to hear such misinformation coming from a local government official, but sadly I am not especially surprised. As we enter the 30^thyear of this worldwide epidemic I am frequently reminded of the need for continued education and outreach, the facts are still not clearly understood by the general masses. Perhaps if we were more willing as a society to discuss more openly the risk behaviors that transmit the virus we would not find ourselves responding to such an insensitive and false statement.”

— Christa Weathers, Executive Director, Missoula AIDS Council, missoulaaidscouncil.org

“HIV infected blood cannot infect someone through contact with intact skin or clothing if the skin underneath is intact.”

— Kathy Hall, PA-C, retired American Academy of HIV Medicine-certified HIV Specialist, Billings, MT

“The comments made by the Montana Legislator really demonstrate total ignorance about how HIV is transmitted. If elected officials don’t understand the basic facts, how can we expect young people and those at greatest risk to understand them?”
— Frank J. Oldham, Jr., President, National Association of People with HIV/AIDS, napwa.org

“This is an example of people with HIV, especially those who are incarcerated, being stigmatized and used as fear-fodder by politicians whose ignorance and quickness to demonize people with HIV outweighs common sense and two minutes of Google research. Even when someone is exposed to HIV, a 28-day course of anti-HIV drugs used as post-exposure prophylaxis is effective in preventing HIV infection. It also isn’t a death sentence; those who acquire HIV today and have access to treatment generally don’t die from AIDS.”

— Sean Strub, founder of POZ Magazine, a 30 year HIV survivor and senior advisor to the Positive Justice Project.

****

The Positive Justice Project is the first coordinated national effort in the United States to address HIV criminalization, and the first multi-organizational and cross-disciplinary effort to do so. HIV criminalization has often resulted in gross human rights violations, including harsh sentencing for behaviors that pose little or no risk of HIV transmission.

For more information on the Center for HIV Law and Policy’s Positive Justice Project, go tohttp://www.hivlawandpolicy.org/public/initiatives/positivejusticeproject.

To see the Center for HIV Law and Policy’s collection of resources on HIV criminalization, go to:http://www.hivlawandpolicy.org/resourceCategories/view/2

The Positive Justice Project has been made possible by generous support from the M.A.C. AIDS Fund, Broadway Cares/Equity Fights AIDS, the van Ameringen Foundation and the Elton John AIDS Foundation. To learn more or join one of the Positive Justice Project working groups, email:pjp@hivlawandpolicy.org

Rehberg Can’t Even Make A Veiled Threat

Feb9 by D Gregory Smith

It’s arrogant, overt- and dangerous. From Cowgirl:

It has been one month since six people where gunned down and killed in Tuscon including Federal Judge John Roll and while Cong. Gabby Gifford recovers in a rehab facility, her colleague Republican Congressman Denny Rehberg of Montana takes this whole civility thing I think to a new low, a new level.

In a prepared speech to the Montana Legilsature, a prespare speech Rehberg questions a federal judges decision to put the gray wolf on the endangered species list.

(Rehberg)“When I first heart this decision like many of you, I wanted to take action immediately.

I asked ‘How can we put some of these judicial activists on the endangered species act.’

Im still working on that.”

[loud laughter from GOP legislators]

Read the rest and see the video here.

Now a YouTube video:

MT Legislator Janna Taylor Fears Blowdart-brandishing HIV+ Inmates

Feb8 by D Gregory Smith

This has got to be seen to be believed.

Via Intelligent Discontent, one ignorant legislator’s fear-mongering and ignorance about HIV:

Just to be clear she is WRONG.
HIV is a very fragile virus that dies within seconds outside the body. It is only spread by blood, semen, vaginal fluid and breast milk- and there has to be enough virus to enter the bloodstream- it cannot penetrate healthy skin. An excellent resource is here.

On second thought, why don’t we all mail her the link?
Her email: jannataylor@montana.com
And if you’d like to call to register your displeasure at her shameless behavior, 406-849-6096

Update: My letter:

Dear Ms Taylor,

The information you casually threw out on the floor of the Senate today regarding HIV is completely and utterly wrong.

HIV could not be transmitted that way, and it is irresponsible of you to further that ignorant myth.

Some excellent information about HIV transmission is here if you’d care to read it: http://www.thebody.com/content/art30024.html

As an HIV educator and as an HIV+ person, I find your words ridiculous and reprehensible- and I believe you owe the people of Montana an apology.

Sincerely,

D Gregory Smith

Totally feel free to copy, embellish, etc.

Tired of the Montana Legislature?

Feb8 by D Gregory Smith

So am I.
I’m waiting for them to outlaw the internet.

But if you want some hope-renewing perspective, Matt Singer has it. Excerpt:

There’s a really funny dynamic setting up in Helena that can be seen from afar (a 30,000 foot perspective really can be useful at times). The tea party Republicans, having run and won on a platform of limited government and economic development, are largely dedicating themselves toinvasions of personal freedom and the advancement of pre-Civil War legal theories. That’s when they’re not undertaking full-fledged assaults on the U.S. Constitution.

Full heartwarming story here -and explanation of the graphic.
I heart Matt Singer.

And, of course, Cowgirl’s stirring the shit as always. I heart her, too.