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

Dec19 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. 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

I 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.

GOP picks conservative Senate leaders, elects Blasdel as speaker (billingsgazette.com)

Bittersweet Win In Helena

Dec18 by Guest Blogger

Tonight, Helena took another step toward equality.

An LGBTQ anti-discrimination ordinance was passed by Helena’s City Commission unanimously with five votes. The citywide ordinance prohibits discriminatory acts in employment and housing based on sexual orientation and gender identity/expression. However, it only provides some protections in public accommodations.

Bill sponsor Katherine Haque-Hausrath was unable to convince her colleagues to eliminate an amendment requiring transgender people to use the bathroom or locker room that matches their “anatomical sex regardless of their gender identity.”

Jamee Greer, Montana Human Rights Network’s LGBT organizer, called the amendment “cowardly.”

“The capital city in Montana has become the second city in the state to pass an ordinance, which is historic,” Greer said. “I’m incredibly proud of all the hundreds of hours of volunteer work; people came to hearings starting in March 2012 and continued to come over and over. It’s a bittersweet victory for me knowing that many transgender people in our community are excluded from part of this ordinance. It feels like I can’t own it.”

While we are aware of the hard work ahead, we are grateful to all the community members who attended and/or testified at the hearings and to the staff at theMontana Human Rights Network for their leadership on this ordinance.

Together, we will continue to move our community forward.

With Pride,

Caitlin Copple

Regional Development Organizer in Montana

caitlin@pridefoundation.org

The Ordinance, Ii (dgsmith.org)
Boise Approves Transgender-inclusive Non-Discrimination Ordinance (dgsmith.org)

Racing in the Wrong Direction on Gun Issues

Dec18 by MontanaRiverRat

The most common type of gun confiscated by police and traced by the ATF are .38 special revolvers, such as this Smith and Wesson Model 60 .38 Special revolver with a 3-inch barrel. LaPierre, Wayne (1994). Guns, Crime, and Freedom . Regnery Publishing. p. 58. ISBN 0895264773. (Photo credit: Wikipedia)

The terrible events in Newtown sent my mind racing this weekend. I kept coming back to where we in Montana stand on preventing gun violence in our state. It was clear that we’re not just moving in the wrong direction on preventing gun violence in Montana we’re racing in the wrong direction.

The best way to illustrate this point is by looking at the work of Sen. Dave Lewis (R-Helena). Last session, Sen. Lewis chaired the Senate Finance & Claims Committee (the primary Senate budget committee), and, as chair, he slashed funding for crucial services- including mental health services. He and his Republican colleagues maintained that the state didn’t have enough money to pay for treating and providing support for those with mental illness (and some other issues as well).

While Lewis was busy slashing services for Montanans, he sponsored a bill that would have given tax cuts to gun ammunition manufacturers to “ensure availability.”

So in Sen. Dave Lewis’ world, we have enough money to give ammunition manufacturers tax cuts, but we don’t have the money to provide mental health counselling for Montana’s most vulnerable people.

While I do find Lewis to be one of the most detestable political figures in Montana history, this post isn’t about him. It’s about the fact that through their decisions, Montana’s elected officials are making our communities more vulnerable to the types of gun violence we’ve seen throughout the country over the past few years.

In the 2011 legislative session, there were 13 bills introduced related to guns and firearms. Only 2 of these bills could be construed as gun control measures. The rest would have done things to allow guns in banks, bars and other buildings. These bills would have allowed people to carry concealed weapons (simply by telling themselves they were allowed to), and would have even allowed students in public schools to bring guns on campus.

We as a state, much like the country, have to get beyond partisan dogfights over guns and gun violence, and have an honest effort to pass policies that will keep our communities safer. These policies must deal with not only rules about who, when, and where you can carry guns, but they must also deal with ensuring adequate mental health services for all Montanans.

I’ll be honest, I don’t expect our elected officials to display the courage to push responsible gun control laws. But I do think we have an opportunity to tackle the mental health aspect of the puzzle.

The Medicaid expansion that is part of the Affordable Care Act is our best chance to expand mental health coverage to tens of thousands of currently uninsured Montanans. This expansion is the part of the Affordable Care Act(ACA) that the US Supreme Court ruled states had the option of whether or no to implement.

Unfortunately, this expansion is sure to get marred by political games by Republicans who refuse to vote in support of anything related to the ACA. While Republicans may hold majorities in the legislature, Democrat Steve Bullock will hold the Governor’s office, and its bully pulpit and veto pen. He should use this bully pulpit and veto pen to ensure the Medicaid expansion is implemented in our state.

Governor Schweitzer accounted for the expansion in his final budget proposal, but thus far Bullock hasn’t said whether or not he’ll push for the expansion.

I hope that the horrible events of Friday will provide Bullock with a little more incentive to champion the expansion of Medicaid as a means of preventing gun violence in our state, without taking on a battle over gun control laws that he almost certainly cannot win with the legislature. If Bullock does this, we’ll begin to finally take small steps towards preventing gun violence in Montana.

CNN Anchor: It Doesn’t Matter That Gun Violence is Down – Katie Pavlich (gds44.wordpress.com)
Do Gun-Free Zones Work as Planned? (reason.com)
Bob Costas’ gun violence comments draw controversy (metronews.ca)
Guest Commentary: How we can reduce gun violence and suicide (denverpost.com)

Montana Supreme Court Allows Domestic Partnership Case for Same-Sex Couples To Move Forward

Dec17 by D Gregory Smith

Justices reverse dismissal of case by the district court and allow litigation to proceed

(Photo credit: vociferous.)

HELENA, MT — The ACLU and plaintiffs, six loving, committed same-sex couples, will move forward with efforts to secure domestic partnership protections in light of a Montana Supreme Court decision, which in part granted their appeal in Donaldson and Guggenheim v. State of Montana from a dismissal of the case by the district court.

Though the court denied the plaintiffs’ initial appeal as too broad, the justices said the ACLU could move forward with more narrowly tailored efforts to secure equal treatment for same-sex couples in the state.

“Three of the justices said they would have granted same-sex couples recognition as domestic partners now. The majority also made clear that the decision to remand the case for additional proceedings in the lower court was based on technical issues, not on the substance of our argument that the Montana Constitution mandates equal treatment of all people,” said ACLU of Montana Legal Director Jon Ellingson. “They said that while we could not challenge the omission of same-sex couples from all of the statutes involving the rights of married couples in one case, we can challenge those statutes individually. We plan to do just that.”

The opinion states: “It is this Court’s opinion that Plaintiffs should be given the opportunity, if they choose to take it, to amend the complaint and to refine and specify the general constitutional challenges they have proffered.”

“We’re encouraged by the decision because the justices said that we could pursue the protections we are seeking,” said Mary Leslie, who lives with her partner, Stacey Haugland in Bozeman. “Legal protection is essential, not just for our families, but for all same-sex couples. We won’t stop until every loving couple is treated fairly.” Leslie lost her home because she was ineligible for worker’s compensation death benefits when her partner was killed in an accident. Another plaintiff, Denise Boettcher of Laurel, was denied bereavement leave when her partner Kellie Gibson’s father died.

In his dissent from the majority, Justice James Nelson wrote that same-sex couples should be given full protection now, saying the case, “concerns the right of committed intimate same-sex couples to receive the same civil protections which the State makes available to committed intimate different-sex couples. Plaintiffs assert, and rightly so, that their government may not single out unpopular groups for disfavored treatment, as the State of Montana has done here… I have never disagreed more strongly with the Court as I do in this case. With due respect, I believe today’s decision… wrongly deprives an abused minority their civil rights.”

Nearly 1,500 Montanans and more than 100 Montana-owned businesses have signed on in support of domestic partnerships, and more are signing on each day. Sixty-six Montana religious leaders signed onto an amicus brief supporting the ACLU’s appeal. Even more clergy signed a statement supporting the rights of same-sex couples.

“Montanans believe all their neighbors deserve dignity and respect,” said Rev. Marc Stewart, a Montana/Northern Wyoming United Church of Christ Conference Minister. “We believe that loving, committed couples should be able to fully live their own lives and have the protection of the state.”

Plaintiffs in the case are Mary Anne Guggenheim and Jan Donaldson of Helena, Stacey Haugland and Mary Leslie of Bozeman, Mike Long and Rich Parker of Bozeman, MJ Williams and Nancy Owens of Basin, Rick Wagner and Gary Stallings of Butte and Denise Boettcher and Kellie Gibson of Laurel. All say they will continue working with the ACLU to pursue legal recognition of their lifelong commitments to each other.

In addition to Ellingson, the couples are represented by Elizabeth Gill, a staff attorney with the ACLU’s Lesbian, Gay, Bisexual and Transgender Project; James Goetz and Ben Alke of Goetz, Gallik & Baldwin P.C.; Betsy Griffing; and Ruth Borenstein and Neil Perry of the law firm Morrison & Foerster LLP.

Additional information about the case can be found at http://www.aclumontana.org and http://www.aclu.org/mtpartnerships.

Montana Supreme Court rejects Equal Benefits case (queerlandia.com)

Sandy Welch’s Bizarre Campaigns Ends Bizarrely

Dec12 by MontanaRiverRat

Today, Republican Superintendent of Public Instruction Candidate, Sandy Welch, finally admitted to what every other Montanan has known for over a month: Welch lost. She finally conceded the race after she was unable to raise the bond to pay for a manual recount of the vote.

Now I know some will say that once a candidate concedes, especially in a lower-level race like this, that candidates deserve to return to private life without too much scrutiny. However, because of the way Welch ran her campaign, it deserves a postmortem.

The first question that came to mind upon hearing Welch was giving up her recount crusade was, “How much did this recount fiasco cost Montana taxpayers?” Welch held on to the hope that somehow she’d be able to win this election- right up until it was time to put her money where her mouth was. She sought an unnecessary court ruling saying she had the right to a recount, despite the fact that state law makes it pretty clear that she has this right, provided she pays for the recount. This lawsuit cost Montana taxpayers thousands of dollars. (Cowgirl has already covered her theory on Welch’s goals with her recount crusade.)

By asserting right up to the last minute that she was going to pay for the recount, she also cost all Montana counties time and money to prepare for the recount, as well as the Secretary of State’s office.

While the most timely questions is about the cost of the recount charade, the more important questions remains, “Why was Welch running in the first place?” Throughout her campaign Welch wasn’t able to give a coherent plan to improve the education and educational opportunities for Montana children. Instead, she focused on improving a few administrative issues in the OPI office–issues that Superintendent Juneau has already been working to solve.

While Welch hadn’t told Montanans why she wanted to be the top educator in the state, the current Superintendent, Denise Juneau, was receiving national attention for her work and programs such as the Schools of Promise and Graduation Matters Montana programs, while standing up to a dysfunctional US Congress and their Bush-era “No Child Left Behind” program.

I wish I had more answers about what the purpose of Welch’s campaign and recount crusade are. Unfortunately, I don’t.

Hopefully though, this is the last we’ll hear from Welch in Montana politics.

Welch drops request for recount in school superintendent race (missoulian.com)
Welch asks for recount in Montana school superintendent race; faces long odds (missoulian.com)
After big U.S. Supreme Court win, Montana nonprofit suffers string of losses (publicintegrity.org)
Tim Fox Fails His First Test (dgsmith.org)

Help! Helena Non-discrimination Poll Freeped By Haters

Dec11 by D Gregory Smith

Also published on Bilerico.com

A poll in this week’s Helena Independent Record asks the question “Does Helena need a non-discrimination ordinance?” This is seemingly in response to the order of business currently before the Helena City Commission – an ordinance of non-discrimination [pdf].

“State and/or federal law prohibit the denial of civil rights or discrimination on the basis of age, race, color, national origin, ancestry, religion, creed, sex, pregnancy, marital status, familial status (solely for housing), and physical or mental disability. In addition to these protections, it is the intent of the City of Helena that no person shall be denied his or her civil rights or be discriminated against based upon his or her sexual orientation or gender identity or expression.”

Yeah, kind of a big deal for Montana.

At first, the numbers were fairly even on both sides – then those in favor of the ordinance outnumbered those opposed.

By hundreds.

Typically the IR polls receive about 500 respondents total, but it appears that some conservative blogs, websites and facebookers have called in their forces to vote (in this very unscientific poll) against this ordinance currently being considered by the Helena City Council.

While I’m not sure that this is a huge issue (the poll, not the ordinance), it irks me that those opposed are marshaling the forces of discrimination across the country to weigh in.

Well, turnabout’s fair play. Vote here – and show Helena that the nation is watching.

Help! Helena Non-discrimination Poll Freeped By Haters (bilerico.com)
Helena, Mont., Officials Want to ‘Add The Words,’ Too (boiseweekly.com)
Proponents, opponents pack hearing on Helena’s proposed anti-discrimination ordinance (billingsgazette.com)

Tim Fox Fails His First Test

Dec10 by MontanaRiverRat

One of the first tests for statewide elected officials in Montana is the decision on their top staff appointments. On Friday, Tim Fox failed the test.

Fox announced 4 straight, white men as leadership in his office, and announced a female executive assistant (not pictured). The most notable of his selections is Jon Bennion, the former lobbyist for the Montana Chamber of Commerce. (I’ll have more to say on this appointment in a later post.)

These appointments make it painfully clear that diversity is not a priority for him.

Now, diversity for the sake of diversity isn’t inherently valuable. But when you seek a diverse staff so that you have a broad range of experiences, histories and viewpoints you can make your organization–in this instance the Department of Justice–a stronger entity.

The Department of Justice plays such a huge role in the lives of Montanans that this diversity of experience would improve our state. For example, the DoJ oversees all the law enforcement in the state, and we all know that there has been a history of real and perceived racial profiling by law enforcement in tribal communities. By selecting these men as his senior staff, Fox doesn’t have someone providing him with a first-hand understanding of this issue, so Fox is incapable of making an informed decision to do something about it.

It’s important to understand that building a diverse team isn’t something that happens by itself. It’s something that takes work and a concerted effort to make it a priority. Governor Schweitzer is the model on this.

Anyone who has followed Schweitzer’s time in office knows that he has more Native Americans in his staff and cabinet than all previous Montana governors combined. This emphasis on diversity in his staff has paid off, as Schweitzer has enjoyed a close relationship with Montana’s tribal communities to solve some of the problems these communities have faced.

Schweitzer has also put women and members of the LGBT community into senior staff and advisory positions.

Hopefully Fox will take a page out of Governor Schweitzer’s book, and for the sake of Montana, add a little bit of diversity to his staff.

In other appointment news, I’m closely following Governor-elect Bullock’s appointments. We all know that Bullock stumbled during the campaign when it comes to LGBT issues. Hopefully, he’ll follow our advice and appoint some LGBT people to his staff or cabinet. We have several current and former LGBT legislators that would be fantastic choices.

AG-elect Fox names 5 appointees (billingsgazette.com)
Republican Tim Fox wins Montana attorney general race (billingsgazette.com)
AG candidate Fox returns $32K GOP donation (sfgate.com)
Bullock looks to diversify Montana’s economy (seattletimes.com)

The Joys of Parenting

Dec7 by Timber

Ever since I was a little boy, I wanted to be a father. I even asked for a baby doll for Christmas, much to my parents’ chagrin. However, I actually GOT said baby doll. Her name was Tina! Funny how I can remember that. I took her everywhere around the house with me. Made sure she “ate” and changed her diaper. Mom used to watch me with her and she had decided that I would make a fantastic father, someday.

In church, on Sundays, Mom would often take nursery duty. There weren’t that many infants in those days, but she would bring me with her to “help.” Little did she know that my “help” really WAS help. She used to delight in telling people that little babies/children and dogs really love me. Whenever someone was fussy, into my arms they went. And, they quieted down very quickly.

I spent many years believing that I would, someday, be a father. I got married at 19 partly because of that. Now, never you mind that I had come out at 17 for the first time. My desire to be a parent far outweighed the fact that I am gay. And, I knew that the only way I could ever have children was to be married. This was a direct result of growing up in the church with a minister for a father.

Shortly thereafter, I got divorced. A marriage that lasted 9 months, legally. And, I came out again. All of my hopes of parenthood were dashed and I was preparing myself to never think of children again.

Fast forward some years later. I worked my way out of the “pink haze” and I became an adult. (In maturity vs. age – there is a HUGE difference!) I was spending my time around couples of all genders and sexuality. And, there were children. Who knew?

Again, hope flared. Albeit, briefly. I began to look into adoption, but here in the State of Montana, you are more likely to be able to adopt as a single parent, than as a gay couple. Hopes dashed again.

I met a young man at the theatre where I do some music direction and acting. He was a foster kid and really was one of societies throw-aways. He had been in the foster care system since he was 4 years old and was fast approaching 17. We struck up a friendship and then became a bit closer. I was a mentor to him. Eventually, he started calling me, “Dad.” And a family was born.

Fast forward just a few months later. Around the same time I met the young man, I met a single mother with a wonderful daughter. Come to find out, they were our neighbors across the street. We had only just moved in. Well, my partner and I used to spend a lot of time sitting on the front porch. Very late one evening, we send a text to “Mom” saying, “Kid is home. Isn’t she a bit late?” From that, became a surrogate parenthood of a teenage daughter. As a matter of fact, while I sit here writing this, she is staying at our house while her mother is out of town and I am fretting like any other parent because I am waiting for her to come home, the snow is starting to come down and she just got her driver’s license this summer. . .I digress.

Anyway, I read an article that gave me even more hope. Read it here: Foster Parenting

It would appear that in Los Angeles, they are trying to court LGBT couples to become foster parents! Something that we might consider in Montana. Think about it. . .so many children need stable homes. And, how many of us have had the desire to become parents, but lack the funds to adopt or have surrogacy, etc? (By the way, adopting from the foster care system is usually subsidized BY the foster care system! Or at least the costs are greatly reduced.)

So, my point in all of this is, “FAMILY” is defined many ways. There are many opportunities for us to become parents. There are many ways to help children out there. And, there are times for us to be positive role models to young people.

Foster parent says Social Services investigation long overdue (wtvr.com)
Failed to Death: Colorado needs hundreds more foster families (denverpost.com)
My Turn: At-risk Alaska kids need foster parents (juneauempire.com)
Adding to our family… (angelatucker.wordpress.com)
500 Fla. foster kids adopted (sfgate.com)

New Contributors!

Dec6 by D Gregory Smith

I’m delighted to welcome some new and shining voices to From Eternity To Here: Jim Bruce, Bobbie Zenker and Timber Venard!

They have each agreed to share their amazing and unique voices here, and I couldn’t be more delighted.

Please give them each a warm welcome and see the all new “Contributors” page under the masthead for more info about these amazing writers.

And there are more to come!

If you are interested in being a contributor, please write me at dgsma@hotmail.com with “Contributor” in the subject line.

Writers Wanted! (dgsmith.org)
Let Me Introduce Myself and Our Democratic Republic (dgsmith.org)

Sip 4 Pride at Yellowstone Cellars to Feature ‘TransMontana’ Reading‏

Dec5 by D Gregory Smith

Annual TAP 365 event features Montana’s first openly transgender attorney and author

The new grassroots advocacy group TAP 365 will partner with the YMCA Writer’s Voice for SIP 4 PRIDE: A Meet & Greet with Montana author Bobbie Zenker. The free event will held from 6 – 8 PM, Thursday, December 6, at the Yellowstone Cellars Winery, 1335 Holiday Circle, in Billings.

Bobbie Zenker is the author of the new book, TransMontana: a Memoir of Transformation of Body, Mind & Spirit. TransMontana is the story of Montana hunter and former county attorney Robert Zenker’s transition from a male, popularly elected official to modern, professional woman. She will read from and discuss her book, and sign copies available for purchase.

Robert Zenker was a married man and father of two, boxed in the psychologically complicated, emotionally taut web of secrecy, shame, fear, doubt and ambiguity of self of a transsexual deeply in denial. Roberta inhabited that body and all the accoutrement of the life of a man in Montana for nearly 50 years before her transition from man to woman in 2007.

The remarkable story charts a complex, courageous and sometimes dangerous journey involving not only physical transition, but also alcohol recovery and the result of both – a spiritual transformation. Bobbie is now a beloved daughter, LGBTQ activist, and a supportive friend to many women.

Tap 365 is a grassroots, non-profit organization, campaigning to unite the diverse communities of Montana, creating strong social ties that oppose discrimination and promote acceptance. The mission is to create a sense of place and connection, fusing together all people, regardless of their differences. TAP 365’s “4 PRIDE” Event Series engage the greater Yellowstone region in issues of critical to their mission. Join TAP 365 and learn about their work in the Billings area on LGBT issues.

Founded in 1985, Pride Foundation inspires a culture of generosity to connect and strengthen leaders, students and organizations creating LGBTQ equality in the Northwest.