Tag Archives: legislation

Montana HB481: A Mom’s Perspective

by Debbie Schenk

On Friday morning, the House Judiciary Committee with hear HB 481. This bill adds “sexual orientation, gender identity and gender expression” to the Montana Human Rights Act.

#128 (from me and the cigar store)

(Photo credit: romana klee)

Let me tell you a little bit about who I am and why this is important to me.

I am a 3rd generation Montanan, a business owner for 30 years, a taxpayer, a community volunteer and most importantly a mom.  I am very much like a lot of Montanans, I suppose. There is one difference, however; I have a wonderful son who happens to be gay.

Like any parent, I want my son to have the same opportunities, protections and rights that his brother and his dad and I take for granted every single day. These rights are not something that we have to think about; they are always there and we know that. My son has a lot of the same opportunities as well. He goes to school, he works, and he pays taxes like the rest of us. Yet he can be denied housing, a job and other rights simply because of who he loves.

It really is that simple.

When I hear people criticize this bill, they often do so citing their religious beliefs. I respect peoples’ rights to practice whatever religion they choose, just as my family does. What I don’t understand, however, is how my son’s rights to equal treatment under the law can be seen as less important to a society than the religious beliefs of some of that society’s members. Where in the bible does it say that we should treat some of our own as second-class citizens because of who they are? And why should anyone else’s interpretation of the bible be more valuable than my own?  Our country was founded on the idea of religious freedom.  That does not mean the freedom for me to practice your beliefs but instead to follow my own.

This bill is about peoples’ basic human rights and what allows them to be safe, giving, productive citizens of this great state.  Sometimes it is pretty easy to be against something that doesn’t really affect you personally. I ask you to please think about that carefully .  Equal rights are not special rights and special rights are not equal rights.  I hope the House will consider this important bill and not be led by unjustified fear. As we move forward in Montana with couples recognition and city non-discrimination ordinances, I hope that all Montanans will educate themselves and advocate for fairness for all people.

Thank you for hearing this Montana Mom out.

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The Catholic Factor Of Proposition 8

by D Gregory Smith

From New Ways Ministry comes this interesting observation:

The reaction of the Catholic hierarchy to the news yesterday that a federal court has declared California’s Proposition 8 unconstitutional has been, predictably, negative.  After all, the hierarchy, aided by over a million dollars from the Knights of Columbus, worked so furiously to get Proposition 8′s constitutional ban against marriage equality passed into law.

Bishop Gerald E. Wilkerson, president of the California Catholic Conference, and auxiliary bishop from Los Angeles, issued a response yesterday which included the following:

“We are disappointed by the ruling today by a panel of the Ninth Circuit that would invalidate the action taken by the people of California affirming that marriage unites a woman and a man and any children from their union. However, given the issues involved and the nature of the legal process, it’s always been clear that this case would very likely be decided by the U.S. Supreme Court. Marriage between one man and one woman has been—and always will be—the most basic building block of the family and of our society.”

But a reaction from an usher at Our Lady of Angels Cathedral in Los Angeles may indicate better where Catholics in the pew stand on this issue–even those who initially voted for Proposition 8.  Ruben Garcia is quoted on the public radio website, spcr.org:

” As a parishioner and a Catholic and a married man, I do believe in the sanctity of marriage,’ Garcia said, ‘and I do believe that it should be between a man and a woman, but I’m torn because I also believe in the separation of church and state. “

That may be the crux of the argument. Catholics are twisted by the legal/moral argument of the hierarchy- if it’s immoral, it must be/become illegal. The problem in a deomocratic society is this: morals cannot be legislated effectively as representative of the entire population- because they are not representative of the entire population. Despite what bishops want to believe, the reality is that morals are not universal- there is no clear agreement on any number of moral issues.
And ignoring reality by trying to persuade by legislation will only make the remaining few points of agreement much less accessible.
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Washington State Has The Vote It Needs To Pass Marriage Equality

by D Gregory Smith

According to our friend Andy  over at Towleroad:

English: May Hansen celebrating the vote on th...

Image via Wikipedia

Washington state has the votes to legalize same-sex marriage after State Sen. Mary Margaret Haugen says she’ll support the marriage equality bill, KIRO reports:

In a statement, Haugen said, “I know this announcement makes me the so-called 25th vote, the vote that ensures passage. That’s neither here nor there. If I were the first or the seventh or the 28th vote, my position would not be any different. I happen to be the 25th because I insisted on taking this much time to hear from my constituents and to sort it out for myself, to reconcile my religious beliefs with my beliefs as an American, as a legislator, and as a wife and mother who cannot deny to others the joys and benefits I enjoy.”

Haugen’s announcement comes as the first hearings on the measure are being held in Washington’s capitol. Twenty-five votes are required for passage of the bill in the state Senate, and Haugen’s would be the 25th committed vote.

Haugen’s full statement is powerful and realistic and human. She obviously took this seriously, went past the rhetoric and used that most amazing tool of humanity- the conscience. And everyone who wrestles with the issue of marriage equality- or is affected by it should read it.

It’s with the full story here.

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STUDENT NON DISCRIMINATION ACT NEEDED TO PROTECT GLBT YOUTH FROM BULLYING

by D Gregory Smith

Kathy Baldock, www.canyonwalkerconnections.com

Casey, sixteen and gay, was being bullied by two students at his high school in Ohio. His youth pastor, a friend of mine, helped to secure a restraining order to protect him, but the principal downgraded the severity with a weaker solution.  He let Cody come to the office five minutes before classes ended and stay until five minutes after they started; Casey would then be safe from bullying in the hall-passing time.  One of Casey’s bullies was still in class with him.  Did this principal create a safe learning environment and protect Casey from abuse?  Why did it even get this far?  Why was there no policy in place to protect this child from bullying due to his sexual orientation or even his perceived sexual orientation?

No gay, lesbian, bisexual or transgender (glbt) child in public schools in the United States is federally protected from bullying and harassment for their sexual orientation or gender identity. Shocked?  This is true.  No Child Left Behind (2001), soon to be re-authorized after ten years in the updated Elementary and Secondary Education Re-Authorization 2011 (ESEA), made it out of committee in October 2011 without the bipartisan support it needed to include protection for glbt students.   Currently, students are protected from bullying for: race, sex, religion, disabilities and national origin, but not sexual orientation and gender identity.

When the ESEA is brought to the floor of the Senate in either December or January, there is a push to attach the Student Non-Discrimination Act HR 4350 (SNDA) to it. SNDA includes comprehensive federal prohibitions against discrimination in public schools based on actual or perceived sexual orientation or gender identity.  It would forbid schools with public funding to discriminate against glbt students or ignore harassing behaviors.

The bill was re-introduced, having not been added in committee in ESEA, by Sen. Al Franken (D-MN) and Rep. Jared Polis (D-CO). (watch the video, grab a tissue.)  Co-sponsored by 34 senators, it needs the approval of 60 senators to attach it to the ESEA before going to the House for a vote before it becomes law.

“Is it needed?” you may ask.  Only 13 states have laws protecting glbt students from harassment at school; this is not a surprising statistic when you also realize that 15 states do not even include sexual orientation and gender identity on the “hate crimes” list; in 29 states you can still be fired for being gay; and in 34 states you can be fired for being trans.

Come on, it is really necessary to pass another law?  Lots of kids are bullied in school; that is “just the way it is.”  Research shows highly rejected glbt youth were at a very high risk for health and mental problems when they become young adults.  Highly rejected glbt youth were:

  • More than 8 times as likely to attempt suicide
  • Nearly 6 times as likely to report high levels of depression
  • More than 3 times as likely to use illegal drugs and
  • More than 3 times as likely to be at high risk for HIV and sexually transmitted diseases *

Knowing that the primary socializing institutions for children and youth are families, schools and faith communities, should we not try to make those places safer for children?  This is not just a “family issue” forglbt youth.  Many of them are not even out in their own families.  As mysterious as that may seem, the biggest loss a child fears is family rejection so many will delay coming out to their own parents.  Churches are wellknown sources of anti-gay rhetoric, leaving many children thinking they have only one protected place: school.

Now is the time to voice to your senators and representative  that it is their duty as public servants to serve the most vulnerable of their constituents: glbt children.  Tell them to get on record now in support of the Senate bill and the version that comes to the House.  Any senator or representative that votes against the protection of vulnerable children should not hold that position of trust.

I am a Mom too, with two straight, adult children.  I am a straight, Evangelical Christian compelled by my faith to stand for justice and against oppression.  The argument of some conservative family groups and lobbies against this bill is the fear that this bill will “victimize people of faith by turning religiously-based, anti-gay comments into ‘thought crimes’ ” (Rep. John Kline R-MN).  This is fear-based rhetoric.  Anti-discrimination laws punish actions, not opinions or beliefs.

Who should care and act on this now:

  • Parents of glbt children.  There are over 350 chapters of Parents and Friends of Gays and Lesbians (PFLAG) with over 200,000 members nationwide.  Be the advocates you already are and tell your families and friends to insist on the addition of the SNDA in the ESEA.
  • Educators who see the crises and have no guidelines under which to operate when they witness bullying of glbt students.  School boards will take seriously the loss of federal funding should they not enforce the law.
  • Members of the glbt community know the damage many of them suffered for being gay or perceived as gay.
  • Christians are to take seriously the mandates of our faith to fight injustice and stand against oppression (oh, and toss in a good dose of helping the poor) Isaiah 58. A Christian who would consider blocking the protection of a child needs to consider deeply the examples of Jesus.
  • Any parent that understands the difficulty of peer bullying in schools.  Consider that the children that may not be yours suffer it more profoundly; look at those stats again for rejection of glbt youth.  Teach your children well.
  • Conservative family groups need to hold to their own missions—protecting families which include glbt youth.  The irony of Family Research Council ignoring family research and producing policies directly impacting the health and mental wellness of glbt youth is glaring.  Focus on the Family really does need to focus on families and help families with glbt youth.  Concerned Women for America should be concerned about the children of women in America.  Excluding glbt children from the mission statements of those organizations shows severe bias which places religious beliefs over a higher calling of caring for the families and children that even the names of their organizations imply.
  • Any person with even a modicum of wisdom that understands that all children desire the comforts of love, acceptance and security. Healthy children grow into healthy adults and build healthy societies.

Bottom line: who should care that the Student Non-Discrimination Act (SNDA) be voted into law as part of the Elementary and Secondary Education Re-Authorization Act (ESEA)?  All of us. Partisan politics drives me crazy.  When I see a vote that goes right down party lines, I know the public servants are voting to maintain power and money balances and have succumb to party/special interest groups pressure.  Voting for the protection of children is not a partisan issue.  Every public servant in this country should be protecting the least of these.

And what has become of Casey? Along with his youth pastor, PFLAG stepped in to protect this child. The school administration knows they are being watched and are more cautious. This is what ESEA will do for all children and in all schools; it will strengthen the federal law to include the protection glbt students against bullying.  And, after five years of blocking a Gay Student  Alliance (GSA), Casey’s school now has one and he is the president. He is safer.

Apply pressure and make your voice heard now.  There are 90 million children in this country under 18 years of age, including approximately 4.5 million that are glbt.  Speak up for their safety and insist that the non-inclusion of SNDA at the committee level be corrected when ESEA comes to Senate vote in December or January.  Insist and speak up for Casey and other glbt students.

RECAP:

Contact your senators and representatives and tell them that it is essential that the SNDA (HR 4350) become part of ESEA when it comes for vote in the Senate in December or January.  It will expand the protection from bullying based on: religion, sex, national origin and disabilities to include protection for sexual orientation and gender identity for glbt students. And stay on them, especially the Republicans who may be resistant to approve it. And big kudos to Al Franken, thank him too. 

 

*Family Acceptance Project, Dr. Caitlin Ryan, “Supportive Families, Healthy Children: Helping Families with Lesbian, Gay, Bisexual & Transgender Children” (2009)

 

Caleb Laieski: Teen Advocate

by D Gregory Smith

You may have heard of the 16 year-old student who is fighting to protect other students, after he himself was forced to drop out of high school because of bullying and threats of violence.

Photo courtesy of Brody Levesque

Caleb Laieski, 16, of Surprise, Arizona, started his anti-bullying activism when he was forced to drop out of school when teachers and administration wouldn’t protect him from bullying and threats- even after repeated incidents had occurred. He was being threatened with violence and death threats because he happened to be gay.

Laieski, who has since received his GED, brought the fight to his school district starting with a legal notification that he would bring suit to protect himself and others in the same situation. After the school district agreed to change its policies, he sent a similar notice to every other school district in Arizona, and then went to the Arizona Legislature to fight for laws to protect all students.

He was invited to the White House’s first ever, Conference on Bullying Prevention and is now advocating for the Student Non-Discrimination Act, in Congress and is currently in D.C. “for those who are afraid to speak up.”

Laieski says the bill would “include sexual orientation and gender indentify into the current federal law under education, guaranteeing all students a safe place.” Laieski also pointed out that “when some have opposition to these categories being protected, we must get past that and realize that it’s about giving ever student the right to his/her education a safe place to learn.”

Caleb successfully met with over 30 Congressional Representatives in his first week in D.C., and plans to keep the pace for the remainder of his time in our nation’s capital.

Brave kid.
You’ll get to meet him this week on Same Sex Sunday– I interviewed him today.

Illegal No More?

by D Gregory Smith

Balancing the week, indeed. The Montana State Senate voted to strike the obsolete law criminalizing the gay.

The Montana Supreme Court struck down the law in 1997, and Senate Bill 276 carried by Sen. Tom Facey would remove it from state code. The Missoula Democrat said the measure would provide equal protection under the law for all Montanans.

The Senate endorsed the bill 41-9 with 19 of 28 Senate Republicans supporting the measure. It has one more usually procedural vote before it goes to the House.

Republican backing for the measure goes against years of support for outlawing homosexual acts, which became part of the official party platform after the 1997 Supreme Court decision.

We’ll see if House Republicans want to make a point out of this one…

Stand Up Against Discrimination!

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!