Hate Crimes Law and Equal Rights Top Network's Legislative Agenda
Network polls legislative candidates
It should come as no surprise to supporters and opponents alike. The Network's top legislative priority for the coming session is to secure equal protection under the law for gay, lesbian, bisexual, and transgender (GLBT) persons. For the past three sessions, the Network has led efforts to include sexual orientation in the Montana Human Rights Act and the hate crimes law, and to repeal the law making GLBT persons felons in Montana.
From a distance, it would appear that MHRN has had no success. None of the bills have ever passed. "We've always known this would be a long educational process," said Christine Kaufmann, lobbyist for MHRN. "Each session we bring these issues forward, and each time we find more allies, not only among legislators, but among the public and public interest groups." Groups such as PRIDE!, ACLU, AFL-CIO, Montana Association of Churches, and various professional associations have joined with the Network in many of these efforts.
Significant events during the interim have raised hopes that this legislative agenda might meet with more success in 1999. In July of 1997, the Montana Supreme Court ruled that the Deviate Sexual Conduct Law (making GLBT persons felons) was unconstitutional as it applied to consenting adults. In October 1998, the beating death of a gay man in Wyoming (see related article), raised a huge national outcry demanding hate crimes laws that include crimes against GLBT persons.
Polling data
A Lee newspaper poll released October 26 showed that Montanans support the inclusion of sexual orientation in the hate crimes law by a margin of 55% to 30%. In addition they support protection of GLBTs against discrimination in employment, housing, public accommodation and government services by a margin of 45% to 38%.
Despite this public support, a poll of legislative candidates conducted by the Network revealed their reluctance to make their views known. Only 42% responded to the poll at all, even after numerous telephone reminders and offers to complete the survey over the phone. "It would appear that the legislators are far behind the public on these issues," said Kaufmann.
"The high number of non-responses is alarming," said Kaufmann. "The fact that people vying for public office do not offer up their positions for public scrutiny, particularly on an issue of national significance, speaks to the sorry state of electoral politics. It has apparently come to be more about personal appearance and private behavior than it is about issues."
Those who answered the survey heavily supported the Network's agenda. Support averaged about 75% - 80%, with repeal of the unconstitutional felony statute leading the way at 89%. the Network's lobbyist was not declaring victory however. "In this type of non-scientific survey, self-selection will skew the results in favor of the Network's position. It is logical to assume that the majority of people who did not respond are antagonistic to the issues presented and if elected will vote against the proposed bills," said Kaufmann.
Democrats were far more likely to respond to the survey and to agree with the Network's agenda than Republicans. More than 65% of respondents were Democrats. On each survey question, the Democratic support was at least 60 percentage points higher than the Republican support.
The Rest of the Agenda
The Network will be working to support other human rights issues as well. The Network will join its allies at ACLU and the Montana Association of Churches to support an end to the death penalty. It will support a ban on the use of the offensive word "squaw" in the names of public places. In several Indian languages the word is a derogatory term for female genitalia. The Network will support tribal initiatives to implement constitutionally mandated recognition of the "distinct and unique cultural heritage of American Indians," including the contributions of contemporary Indians.
An important part of the Network's lobbying role is to play
defense, and to let its members and the public at large know when
bills attacking human rights and democratic values are proposed. Last
session saw attacks on affirmative action programs, the Montana Human
Rights Commission, and tribal sovereignty as well as a series of
resolutions and bills supporting far-right, militia-style agendas.
Network staff anticipates some of these or other far-right bills will
surface again.