Tag Archives: Montana Legislature

Better Know a Legislator: Rep. Edie McClafferty and Rep. Kris Hansen

by MontanaRiverRat

We’re less than a month away from the 2013 Montana Legislative Session. This session, much like the 2011 session, is sure to be a tough session for causes, issues and people that we value. It’s imperative that everyone who shares our values gets involved by either testifying, contacting your legislators, writing letters to your local paper or simply talking to your friends and neighbors about what is happening in the session.

As a primer for the session, I decided that I’d do a few short profiles on some of the legislators that are sure to be making news throughout the session–bot for good reasons and bad.

With that, I’m proud to bring you the first edition of From Eternity to Here’s “Better Know a Legislator” series, where I’ll profile one of my favorite legislators Rep. Edie McClafferty (D-Butte) and one of my least favorite legislators Rep. Kris Hansen (R-Havre).

Rep. Edie McClafferty, HD 75

Rep. McClaffertyRep. Edie McClafferty is serving her 3rd term representing the people of Butte and Silver-Bow County, and was recently elected as part of the leadership in the House, where she’ll serve as one of the Democratic Whips.

Rep. McClafferty is a Butte native, and is a public school teacher. Her commitment to a strong public education system is why I was thrilled when she was named vice-chair of the House Education Committee. In this committee she’ll almost certainly see attempts to divert public funds to private, unaccountable charter and religious schools. She’ll also serve on the House Tax and House Rules committees.

In addition to being a staunch advocate for Montana’s students, Rep. McClafferty has also been a strong ally to the LGBT community in Montana. In the 2013 session, as she did in the 2011 session, Rep. McClafferty will be sponsoring a bill that would prohibit discrimination based on sexual orientation and gender identity in housing, hiring and public accommodations. While this bill faces long odds, Rep. McClafferty never backs down from an opportunity to stand up for her values.

Rep. Kris Hansen, HD 33

HansenI intentionally chose to profile Rep. McClafferty with Rep. Hansen because they are essentially polar opposites.

Hansen represents one of the two Havre House districts. She’s serving her second term, after barely winning her election.

Hansen formerly served as a deputy county attorney, but abruptly resigned last year in order to work on education policy. After resigning her job, Hansen promised to disclose who was paying her for her services, however she has never lived up to her promise.

The fact that we don’t know who is paying Hansen for her educational policy lobbying is especially troubling because she’s going to be the chair of the House Education Committee in 2013. As you watch her decisions and the bills that come out of the House Education Committee, it’s important to remember that she’s receiving her paychecks from an undisclosed educational policy group. This is corruption at its worst.

While writing this post I looked at Hansen’s financial disclosure form- something she’s required to fill out to run for office. Interestingly, she claims that her primary source of income is from a private law practice. However, when I looked at the Secretary of State’s database of registered businesses, it appears that Hansen’s private practice was established just two days before she filed to run for reelection. Not only that, Hansen’s private practice is registered out of her own house. It sounds to me like Hansen is trying to cover her tracks. It’ll be interesting to see if any reporters investigate this during the session.

However, if you’ve heard of Hansen, it’s probably not because of her corruption on education. It’s probably because Hansen sponsored a bill last legislative session that sought to prohibit municipalities from expanding protections beyond the state’s Human Rights Act. This bill essentially would have nullified the Missoula, and now Helena, nondiscrimination ordinance. Thus far Hansen has not requested a similar bill for the 2013 session.

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Bozeman Rep.Tom Burnett’s Crusade Against Hungry Kids

by D Gregory Smith

…is highlighted over at Cowgirl. Excerpt:

“Using his signature method of anecdotes and unsupported claims, Rep. Burnett (R-Bozeman) is ramping up his crusade for a massive food police bureaucracy to restrict food to needy children.

The Montana TEA Party legislator stated in a Wisconsin newspaper this week that we shouldn’t be helping needy kids who don’t get school lunch because school is out–in spite of the increase in hungry kids seeking food in the last five years.”

Tom Burnett is currently running unopposed in House District 63 until Democrats find a replacement for Marty Livingston, who withdrew in June.

Please God, let them find a good one….

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Sound Familiar?

by D Gregory Smith

To Montana LGBT folks it does.

The New York Times is reporting that despite being unenforceable, irrelevant and ridiculously out of date, Kansas sodomy laws are being kept on the books by Governor Sam Brownback. Excerpt:

English: Photographs of the Rally to Restore S...

Image via Wikipedia

Gov. Sam Brownback created the Office of the Repealer to recommend the elimination of out-of-date, unreasonable and burdensome state laws that build up in any bureaucracy over time.

For gay men and lesbians, there seemed one particularly obvious candidate: Kansas Statute 21-3505.

That would be the “criminal sodomy” statute, which prohibits same-sex couples from engaging in oral or anal sex. The law was rendered unenforceable nearly a decade ago by a United States Supreme Court ruling, but it remains enshrined in the state’s legal code.

But on Friday, when Mr. Brownback, a conservative Republican, released a list of 51 laws to recommend to the Legislature for repeal, the sodomy statute was not among them.

The decision, despite public and private lobbying, has angered gay leaders here. “We were pretty much the first in line with our request to have this unconstitutional ban on gay and lesbian relations repealed,” said Thomas Witt, chairman of the Kansas Equality Coalition.

“This isn’t just some archaic law that’s sitting on the books and isn’t bothering anyone,” Mr. Witt continued. “It’s used as justification to harass and discriminate against people, and it needs to go.”

Mr. Brownback, who is a vocal opponent of same-sex marriage on religious grounds, declined to comment, and his spokeswoman would not say whether he would support repealing the law against same-sex sodomy, a misdemeanor that officially carries a prison sentence of up to six months.

This is familiar, because the Montana Legislature did the exact same thing last session, refusing to remove an anachronistic, irrelevant law from the books– ostensibly to shame and vilify LGBT persons.

It’s simple hate, bigotry and discrimination. As I’ve said before, these Christianist conservatives don’t give a shit about human rights, they don’t give a shit about science and they don’t give a shit about gay people.

The only cool thing about this is that the tide of public opinion is steadily going against actions like these– making the case that these bigots are out of touch with the common sense of the American people, and will soon be anachronistic and irrelevant themselves.

Full NYT story here.

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The Joke (on us) Has (at least for now) Ended.

by D Gregory Smith

Yes, folks, the circus that was the 62nd Legislature of the State of Montana has been officially closed.

It was one of the most contentious sessions in memory- and one of the most publicized. Sadly, for Republicans, it was mostly at their expense. Republican lawmakers introduced the most ridiculed and bigoted legislation in Montana history- giving the state its fair share of national media attention. Only some of it good.

Mostly it was about third-rate candidates such as Billy Bob Wagner, who introduced legislation to reinstate the gold standard, and was laughed at nationally on Anderson Cooper 360 for his ridiculous “birther” bill (but mostly for his stupidity). Then there was Kris Hansen, a “secret lesbian” who introduced one of the most pro-discrimination legislative actions to ever hit the aisles of the Capitol. Mary Cheney, anyone? And the Montana GOP, for no good reason other than to perpetuate hate and shame, voted to keep The Gays illegal- and we heard some of the most disgusting testimony to ever foul a Capitol microphone.

And don’t forget (as if I could) Janna Taylor’s ridiculous, ignorant and dangerous comments about HIV in the Montana prison system. In my opinion, the defining moment of the session. And that is a short list of all the craziness perpetuated at the time and expense of the people of Montana-a better list is here.

But I want to take a minute to thank the legislators who spent a great deal of their time and energy standing up for the rights of Montanans. Diane Sands, Carol Williams, Christine Kaufmann and Bryce Bennett all spent a lot of time defending equality and testifying against discrimination, bigotry and homophobia in this session. If you see any of them, thank them. Buy them a drink.

Hell, give them a kidney if they need one.

It is folks such as these- and all who testified, protested, blogged and wrote letters-, who keep our freedoms alive- and who stand in the face of political bigotry and chicanery.  And let’s not forget Jamee Greer, Mike Wessler, Niki Zupanic and all the representatives of groups who lobbied for human equality- they get all the abuse, ridicule and sleepless nights, but not enough recognition. Drinks and kidneys for them, too.

Let’s give Carol Williams the last word (for now):

“I’m proud of our work.

With that, Mr. Chairman, I will wish you luck in the next session probably trying to fix a lot of the things we broke this time.”

Progress, But Still Disappointing

by D Gregory Smith

March 29th, from Diane Sands:

Friends…

Today I attempted to “blast” SB 276 out of hostile Judiciary Committee and onto the Floor for a vote. This is Senator Facey’s bill to remove offensive language about “Deviate Sexual Conduct”….the law was ruled unconstitutional in 1997 but the legislature insists on keeping it on the books as part of sentence in the Sex Crimes part of MCA that includes bestiality.

Rep. Ken Peterson still claims that the Court didn’t address this issue entirely and that the crime should stay on the books, including the FELONY status with a penalty of 10 years in prison and a fine up to$50,000 or both.

While we didn’t get the 60 votes required, we did get 51, including a number of Republicans who believe it is a privacy issue.

THIS IS THE FIRST TIME IN THE 20 PLUS YEARS I HAVE WORKED ON THIS TOPIC THAT WE HAVE EVER WON THE MAJORITY OF THE SENATE AND THE HOUSE!!!!

I view this a great progress, especially with the ultra conservative make up of the current legislature.

Sands, the first openly gay member of the Montana Legislature, is a force of nature and a champion of human rights. The words she chose to introduce her motion are powerful and deserve a look/listen:

The words of the opposition also need to be heard- the ignorance and intolerance are epic, an embarrassment to the State of Montana and, indeed the whole country.

HB 516 Returned To Committee

by D Gregory Smith

HB 516, the legislation written to overturn the rights of local governments to enact protection ordinances, has been returned to the Local Governance Committee. Mike Wessler:

Throughout the session, we have been following Rep. Hansen’s pro-discrimination bill. This bill seeks to nullify Missoula’s non-discrimination ordinance that expands protections in the state’s human rights act to include gay, lesbian, bisexual and transgender people. Hansen’s bill would also prohibit any other city from passing similar measures.

Last Friday, supporters of equality and dignity in our state were dealt a blow when the bill received approval from its Senate committee. With this decision by the committee, the bill was headed for it’s final debate–a full debate on the Senate floor…or so we thought.

Today, shortly before the full Senate was slated to debate the measure, Republicans–out of nowhere–asked that the bill be sent back to committee. They cited the revelation of new information as their reason for this action. The bill was quickly returned to the committee.

While at this point, we cannot say anything definitive about the reason …, however, if history teaches us anything, it is that when bills are sent back to committee, it is not a good sign for the ultimate fate of the bill. One can’t help but wonder if today’s polling on the actions of the GOP scared a few of them out of supporting such a discriminatory measure.

And maybe my last post about the miserable treatment LGBT persons have received at the hands of this legislature had something to do with it.

Nah.
They’re not that smart.

Update: The Associated Press reports:

A Republican senator says a measure to overturn a Missoula city ordinance that protects gay people from discrimination lacks support from GOP leadership.

The Senate Local Government Committee passed House Bill 516 last week. But the bill was returned to the committee Tuesday and chairman Sen. Jon Sonju says it is doubtful the measure will go to the Senate floor.

Sonju says he moved the measure back to committee because it doesn’t have the support of Senate leaders.

The proposal, carried by Republican Rep. Kristin Hansen, drew lengthy testimony during its hearings in the House and Senate.

Supporters said the bill would overturn an unconstitutional ordinance that infringes on the state’s authority.

Opponents said the measure is targeted against the gay community and interferes with local governments’ ability to govern.

Newsflash! MT GOP Hates Human Rights (and LGBT People)

by D Gregory Smith

It’s been a rough few weeks for LGBT persons in Montana.

I testified at the legislature (with many of my brothers and sisters) against HB 516 which would overturn (perhaps even unconstitutionally) the right of cities and towns to enact their own anti-discrimination legislation. It passed out of committee- despite the amazingly logical arguments against it.

And Senate Bill 276, introduced by Tom Facey would have brought the criminal code into line with the judiciary- in effect aligning the language with the law, by removing the language of the deviate conduct laws which criminalize sexual behavior between consenting adults of the same gender. Bringing the language of the law in line with legal precedent. A no-brainer, right?

Sigh. Not for these Republican legislators. It just got worse. The hearing had some of the most disgusting things I’ve ever heard– much less to be spoken publicly by elected officials. The Billings Gazette had this to say:

Also turned back was a plan to get rid of a state law making gay sex subject to criminal penalties — even though the courts have ruled it unconstitutional and unenforceable.

Republicans, in a 13-7 vote, stacked up against the idea of removing from the books the law offensive to the gay community, which has argued over the years that the antiquated law sends a hostile message.

But House Republicans stuck with their party’s platform that calls for keeping the anti-gay law, even though many Senate Republicans had supported the idea in sending it to the other chamber.

“Voting to say this should stay on the books is truly a cruel act,” said Rep. Diane Sands, D-Missoula. “When you cast that vote you said that I and other members of this Legislature who are gay or lesbian should go to prison for up to 10 years for whom I love. Don’t come up to me later and say you are sorry.”

The Montana GOP has made things very clear- they don’t give a shit about human rights, they don’t give a shit about science and they don’t give a shit about gay people. In fact, they hate them. The only reason not to pass this bill was to slap the faces- repeatedly- of Montana LGBT persons. The only reason. That’s hate.

The plank that still stands in the Montana GOP Platform that promotes the criminalization of “homosexual” acts, I argued before, is anachronistic and hateful and should be removed.

I’ve changed my mind.

It should stay because that’s exactly what they believe. That kind of ridiculous hate and intolerance is exactly what the GOP legislators have sanctioned, promoted and supported. I thought that out of deference to some amazingly open Republican Montanans I know (and am related to) that this kind of thing could be avoided- that the official government of Montana would not tell LGBT kids that they are less valuable than others, that it wouldn’t keep LGBT adults living under the specter of vilification, intolerance and second-class citizenship.

I was wrong.

The MT GOP is intolerant and anti-gay. Period. And the people of Montana need to know that- without equivocation.

So, if you’re a Republican-leaning Montanan and you’re saying to yourself, “These legislators are crazy, they don’t speak for me,” you’re wrong. They do. And if you don’t follow the same ignorant, bigoted stance they are taking, you need to speak up.

Immediately.

And maybe consider leaving the party of bigotry and ignorance. Because, like it or not, the Montana Democrats are the only people standing united for human rights.

And if you’re an LGBT person who is still a Republican, the only thing I can (honestly) say is “Why? They hate you. Do you hate yourself?”

Because- mark my words, it’s just going to get worse.

Deeply Disgusting Comments From Montana GOP Legislators

by D Gregory Smith

From Montana Democrats’ Mike Wessler:

Yesterday, the House Judiciary Committee heard Sen. Facey’s bill that seeks to remove language from our criminal code that seeks to criminalize homosexual acts in the state. This law was ruled unconstitutional years ago, however the law remained on the books.

During the hearing, opponents of the bill, both those testifying and on committee said some of the most disgusting things about gay, lesbian and bisexual people that I have ever heard. One opponent of the bill said that all pedophiles were gay or bisexual. A member of the committee asked a series of questions in order to suggest that gay men are simply HIV positive tax burdens.

Listen to a portion of the hearing here:

Disturbing. And embarrassing.
The average Montana third grader knows more than these asshats.

Press From Yesterday

by D Gregory Smith

The Missoulian (of course) printed the most info on the HB 516 hearing yesterday:

A crowd of people, many of them from Missoula, showed up Monday to oppose a bill that would nullify the city’s 2010 ordinance that protects residents from discrimination based on their sexual orientation, gender and gender expression.

A smaller group of people, some of whom fought the Missoula ordinance last year, came to support House Bill 516 by Rep. Kristin Hansen, R-Havre, at a hearing before the Senate Local Government Committee.

It was a low-key hearing compared to the at-times boisterous House Judiciary Committee hearing last month.

Hansen’s bill would prohibit local governments from enacting ordinances or other policies like Missoula’s that cover, as a protected class from actual discrimination, any groups not now included in the Montana Human Rights Act.

She questioned the legality of the Missoula ordinance, saying it could take several years for such a challenge to get through courts here.

“My bill prevents that,” she said. “It declares that the state is preemptive in the field. I believe that state law does preempt in this area.”

I even got a mention:

Gregory Smith, who was a chaplain to the Legislature in 1993, said he is a therapist whose patients includes lesbian, gay, bisexual and transgender people.

“I am a gay man and a native Montanan,” he said. “We want to live our lives happily and from fear in the state we grew up in.”

Smith said the bill ignores a suffering segment of Montana’s population and is “enshrining bigotry and discrimination.

Read the full story here.

More Discrimination

by D Gregory Smith

…by legislation to be debated before the Montana State Senate.
From Montana Equality Now:

HB 516, the bill to nullify Missoula (and Bozeman) ‘s non-discrimination ordinance(s), will come before the Senate Local Government Committee Monday, March 14th, at 3 pm and our legislators need to hear your voice.

This bill would not only nullify the Missoula Ordinance, but would ban most attempts by cities and towns to ensure their LGBT citizens feel secure on the job, at home, and in the community. Please come and tell our Senators why you support equality and they shouldn’t legislate away a vital tool for cities and towns to meet to needs of their citizens.

All you need to do to participate iis show up and give brief testimony the the committee on why non-discrimination ordinances matter to you.

Carpooling by Montana Equality Now will be available from Missoula, leaving at 12:20 PM from the East Broadway Park and Ride, at 1122 E. Broadway (Near the wind turbine).

Other carpool locations should be available soon.

Please spread the word.

If you can’t make it then you can still send the committee a message at:
http://leg.mt.gov/css/sessions/62nd/legwebmessage.asp

If you want to read the bill it is available at:
http://data.opi.mt.gov/bills/2011/billpdf/HB0516.pdf

I’m going. Hope you will, too.
My statements about LGBT and gender discrimination are here.