Dirty Dancing Exposed

Feb20 by D Gregory Smith

Hot on the heels of my Dirty Dancing post yesterday, Charles Johnson of the Lee State Bureau (Billings Gazette, Missoulian, Independent Record, Montana Standard, Ravalli Republic) has posted an article outlining the complaints against House Judiciary Chair Ken Peterson, R-Billings. Excerpt:

Advocates for civil rights, human rights and abortion rights say they aren’t getting a fair shake from House Judiciary Chairman Ken Peterson, R-Billings, at public hearings.

They are critical of Peterson’s fairness in scheduling and running hearings, his limiting the ability of people to testify or at least state their names, and his failing to stop representatives or witnesses from making inflammatory comments such as calling abortion providers murderers and homosexuality an abomination.

For his part, Peterson, serving his fourth term in the Montana House of Representatives, defended how he runs the committee and dismissed the criticisms.

“I would say they’re absolutely wrong,” he said. “I try to be fair to everybody. That’s my goal. I’m an attorney. I know it’s very important that all parties be treated the same.”

Au contraire!

Johnson’s article continues with numerous ~~examples~~ complaints of unfair treatment from Planned Parenthood, Civil Liberties Union of Montana and the Montana Human Rights Network- all known organizations that Republicans fear and despise. The shenanigans on display by the Judiciary leadership provides an opportunity for Republicans to use code words to invoke a familiar response to their followers, making over these human rights groups into bogeymen, conjuring up terror in the hearts of the ignorant and easily led. More:

“The chair is shutting down public comment, he’s shutting down hearings on bills that are life-and-death situations for Montanans,” (Stacy) Anderson (of Planned Parenthood of Montana) said, adding, “I think the civility has degraded, and I think some of the questions to people are degrading.”

…One committee member, Rep. Diane Sands, D-Missoula, said she believes Peterson violated House rules by not allowing people to come to the podium and at least state their name and their positions on four bills. She said she couldn’t recall this happening before, but figured out a way around it by reading to the committee the names on the sign-in sheet and having people stand as she called their names.

“It only takes a few minutes for people to stand and say their name,” Sands said. By not allowing people that courtesy, she said, “it shows disrespect to those people and to the legislative process.”

Diane Sands- a giant in Montana human rights as far as I’m concerned, is a shrewd and yet firmly convicted politician who has served this state- well beyond her constituency-with passion, distinction and strength. She’s well worth listening to. And Johnson’s article is worth reading in its entirety.

Maybe twice.

And Carol Williams, D-Missoula’s response for those of you who haven’t seen it:

Press Resulting From/Covering Yesterday’s Human Rights Testimony

Feb19 by D Gregory Smith

I wasn’t prepared for the press covering the GOP’s hijacking of the rights of Montanans to speak in favor of, or against, legislation- I thought it would just be added to the pile of neglected issues stocked in the backrooms of Montana newspapers.

I was wrong.

To quote Dirty Dancing (which is what I’m calling the GOP’s shenanigans): “When I’m wrong, I say I’m wrong” (which is more than they’ll ever do).
From Lee Newspapers:

Social conservatives supported a bill Friday to nullify Missoula’s ordinance that protects residents from discrimination because of their sexual orientation and gender, while human rights advocates lined up against it….Some Democrats also objected to a decision by committee chairman, Rep. Ken Peterson, R-Billings, to not allow people unable to testify because of time constraints to at least stand and say their names. However, they figured out a way around it by having more than 50 opponents stand as Rep. Diane Sands, D-Missoula, read their each of their names from the sign-up list.

From The Associated Press:

Gay rights advocates were pushing to expand discrimination protection statewide — while conservative religious groups were backing a bill that aims to repeal a Missoula ordinance extending discrimination protection in that city based on sexual orientation.

The contentious nature of the issue and very short hearings on the two bills frayed nerves, as many who drove from out of town to testify were told there wasn’t enough time due to the House committee’s workload.

Next, the blogosphere. The most comprehensive I’ve seen so far is from Towleroad– which also has excellent links, including one to the Montana Public Radio coverage:

Testimony at Montana’s legislature got ugly yesterday over a proposed bill that would kill Missoula’s anti-discrimination ordinance and prevent local municipalities in the state from enacting similar ordinances, instead forcing them to recognize state laws, which currently don’t recognize LGBTs.

Intelligent Discontent provides an excellent roundup of Montana Blog coverage of the issue- I’m proud to stand with these folks. I won’t repeat it- just go have a look.

…and I hope it just strengthens your resolve to stand firm in the face of this bullshit.

My Statements Re: HB 516, HB 514

Feb18 by D Gregory Smith

February 18, 2011

Montana Legislators,

RE MT HB 516:

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.

RE HB 514:

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

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.

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:

Rehberg’s Little Promise

Jan23 by D Gregory Smith

Little Denny Rehberg is at it again- via Left in the West:

“I’m going to fulfill my promise to the people of Montana, that to the best of my ability I will defund Obamacare if we’re not able to repeal it,” Rehberg said in a telephone news conference.

Word remains to be heard on the defunding of his own cadillac health coverage. Full article here.

Lettin’ in “the gays”

Dec21 by D Gregory Smith

The ban on allowing only certain people to serve without secrecy and shame in the United States Military has ended, giving all LGB (not T?) persons another venue in which to pursue their chosen career path with a semblance of integrity.

I have always had mixed feelings about the ban. On the one hand, having worked with a number of U.S. veterans, I think military culture often has a negative impact on individuals, especially when it comes to relating to civilian life. Life in the barracks or on active duty can be far removed from the reality of most Americans’ day-to-day lives. Some of my military friends say that is how it needs to be in order to combat the enemy. I’m not so sure. I do know that the culture offers very little support for soldiers re-entering civilian life, resuming relationships and entering the workforce. It’s even worse for those with PTSD.

On the other hand, I think everyone has the right to choose their own path to empowering themselves as human beings- sometimes this is the only (or at least glaring) option for those without other resources to gain a shot at higher education or skill training. So if someone wants to serve, being able to do so without shame or fear of discovery- at least officially, can only make the military better, and camaraderie more honest. And when official shaming ends, we move closer to full acceptance and integration into society- and further away from internalized homophobia and humiliation.

All good things.

And for those who think the president hasn’t done enough: I believe he and his administration are doing as much as they can- and carefully enough that the changes they do make will stand. Across the board, from Health and Human Services to the Justice Department to the FDA, changes that reflect good science and social practice are being carefully integrated into public policy- as are the diversity of the personnel involved (which include a large number of LGBT persons). That isn’t often remembered because it’s not sexy, sensational or scintillating. But it’s totally important to our well-being as a diversity-accepting country. It’s the Obama Long Game. And I’m a fan.

They haven’t lost me, because I know this would have never happened under President McCain.