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The Montana Human Rights Network is once again fighting in the legislature for bills granting people of all sexual orientations equal protection under the law and freedom from discrimination. As in previous sessions, the opponents to these bills use vulgar depictions of same-sex couples, religious fundamentalism and faulty science to attack gay civil rights. Despite the Network's dedicated lobbying efforts, it appears right-wing ideology reigns supreme in the 2001 Legislature.

In early February, the House Judiciary Committee voted to table House Bill 233, which would have added sexual orientation, gender and disability to the current hate crimes law. The vote to table effectively kills the bill. A large number of Montanans came out in support of this bill. At the very least, they deserve to know how their legislators stand on it. Eleven members of the committee, though, dodged responsibility by refusing to allow the bill to come to a committee vote. Instead, they hid behind parliamentary maneuvering by bypassing the standard vote for or against with a premature vote to table.

Rep. Cindy Younkin (R-Bozeman) moved to table the bill before the committee took the normal step of taking a "do pass" vote. An affirmative "do pass" vote sends the bill out of committee and to the House of Representatives. If that vote fails, another vote is taken to table the bill. Youkin's motion bypassed a vote on the actual hate crimes bill. By tabling HB 233, the committee members did not have to take a public position on amending the hate crimes law. The motion to table passed 11-9.

"The need to stop hate crimes is too important to submit to this kind of parliamentary maneuver," said Greg Haegele, interim director of the Network. "The people of Montana deserve to know where their legislators stand on stopping hatred. Now we have to ask, ÎWhy wouldn't these 11 legislators even allow a committee to vote on the bill?'"

Two people voting against tabling the bill included Representatives Jeff Mangan (D-Great Falls) and Joan Hurdle (D-Billings). Both emphatically supported the bill. During executive action, Hurdle declared, if the committee didn't pass this bill, it was saying "We reserve the right to hate them [gays]."

Montana's current law already allows the enhancement of sentences for a person convicted of committing a crime based solely on race, creed, religion, color or national origin. Although gender and disability were also to be included by HB233, opponents of the bill focused specifically on sexual orientation during the bill's hearing.

The bill's sponsor, Rep. Brad Newman (D-Butte), said hate crimes are a form of "domestic terrorism," and, by not including the three groups addressed by his bill, Montana demonstrates it is indifferent to crimes against these people. Along with the Network, HB 233 drew support from other political activists, people of faith and law enforcement personnel. Also supporting the bill were numerous students from Montana State University-Bozeman. The students told the story of a closet erected on campus during National Coming Out Week. The day after it was constructed, students found it taken apart. The rope from the closet had been tied in nooses. One student commented, "When the college Democrats or Republicans hold an event, they don't face discrimination or the fear of being beaten up."

Opponents of HB 233 formed a laundry list of Christian Right groups: Montana Christian Coalition, Concerned Women for America, Higher Ground Ministries and Citizens Network. The opponents presented a slew of anti-gay rhetoric focusing on the existence of a supposed worldwide "homosexual agenda" and on how gays can change their sexual orientation by embracing God.

Senate Bill 266 is a straightforward bill. It would make it illegal to fire a person solely for being gay. The Network believed SB 266 had a good chance of making it out of committee because of a change in employment law for state employees. In December 2000, the state of Montana adopted regulations that protect gay and lesbians from being discriminated against at work. Sexual orientation is now included with religion, race and gender under state workplace guidelines.

The Senate Judiciary hearing featured vulgar descriptions and misinformation from the bill's opponents. Dallas Erickson, representing Montana Citizens for Decency Through Law, read from and distributed a list of so-called sexual orientations. His list compared homosexuality with bestiality, necrophilia, sadism, etc. Erickson made it sound as though this list came from a newspaper. However, MHRN discovered the list originated in a newsletter for Citizens for Community Values, an Ohio-based Christian Right group. In the same newsletter containing the list, the group's director says gays are "denigrating that which is normal, inborn behavior [heterosexuality]." He says his group's mission is to "protect... every person from the ravages and harms of abnormal sexual orientations."

The bill's sponsor, Sen. Jon Ellingson (D--Missoula) said, "If this bill fails, we will have said collectively that this type of discrimination is acceptable in this state." Apparently, a majority of the Senate Judiciary supported this type of discrimination. SB 233 was tabled by a 6-3 vote on party lines.

In 1997, the Montana Supreme Court ruled that the state's deviate sex law, which barred same-sex contact between consenting adults, violated the Montana and U.S. Constitution. The court ruled the law crossed the boundary of right to privacy and equal protection. Now unenforceable, the law remains on the books.

Rep. Tom Facey (D-Missoula) is sponsoring HB 323, a bill that would repeal the law. In essence, the bill is a housekeeping measure. Proponents of the bill testified before the House Judiciary Committee that having the law still on the books creates confusion. The bill has received support from MHRN, PRIDE, ACLU and the attorney general's office.

During the hearing, Rep. Verdell Jackson (R-Kalispell) made ridiculous statements in opposition to HB 323. Jackson said he has "an aversion to being touched by a homosexual." He believes the deviate sex law "protects [him] from being propositioned on the street" by gays.

Other opponents with notable comments included Julie Millam, director of the Montana Christian Coalition, and Harris Himes, a Hamilton lawyer and pastor. Millam claimed gays are a "big part" of the AIDS epidemic in Africa. Himes compared gays protesting the deviate sex law to drug dealers in prison who don't think current laws should apply to them.

Rep. Jeff Mangan (D-Great Falls) is sponsoring HB 438 which would include sexual orientation in the Montana Human Rights Act. This law protects people from being discriminated against with regards to employment and housing. It already includes race, creed, religion, color, sex and physical or mental disability. HB 438 has been referred to the House State Administration committee.