Anti-Marriage Bill (SB 37) Falls Short Of Two-Thirds Support

The Anti-Marriage Bill (SB 37), authored by Sen. Phil Short, R-Covington, fell short of passage by a two vote margin.

The bill, which would have amended the "Right to Individual Dignity" portion of the Louisiana Constitution to deny recognition of marriages performed validly between same-sex couples outside of the state, received a firestorm of debate both pro and con that lasted almost a full hour before dying 24-8-7.

Proponents of the bill stated that is was necessary to protect the family and traditional marriage. Opponents were concerned about the rise in hate crimes that a statewide vote on such a divisive issue could potentially create.

"The game is not over," said Brian Hartig, exective director of Louisiana Electorate of Gays And Lesbians (LEGAL), "The bill can be brought up for reconsideration at just about any time. So we've got to be on our toes and continue to remind our legislators that this bill is simply unnecessary." The authors of Senate Bill 37 can revisit the issue (through another vote) at any point through to the end of the session. The author simply must request that the bill be brought to the floor once again to be debated and voted on.

"And you can be certain that he (Sen. Short)'s going to make sure he has all of his ducks in line before he does this," said Hartig. "Short will cut his deals and get his votes lined up and then bring the bill up for a vote. So we've got to recontact our legislators to make sure that they vote against this bill."

The discussion on the bill brought forth some of the most vocal and heated debate that the senate has seen this session as most speakers lined up to oppose the bill. Only two senators spoke in favor of it (Jordan & Dyess), the other "yes" votes preferring to remain quiet on the issue.

Voting For SB 37: Barham, Branch, Cain, Campbell, Dardenne, Dyess, Ellington, Fields, Greene, Hainkel, Heitmeier, Hines, Jordan, Lambert, Lentini, Malone, Romero, Schedler, Short, Siracusa, Smith, Theunissen, Ullo, Mr. President (Ewing). Voting Against SB 37: Bagneris, Bean, Cox, Dean, Johnson, Jones, Landry, Robichaux. Not voting: Bajoie, Casanova, Cravins, Guidry, Hollis, Irons, Tarver.


LEGAL Issues Statement on Anti-Marriage Bill

Louisiana Electorate of Gays And Lesbians (LEGAL) issued a statement today requesting clarity on a bill by Sen. Phil Short, R-Covington, that if passed would amend the Louisiana Constitution to state that "marriage shall not be contracted between persons of the same sex."

"It's a mystery to me why Sen. Short wants Louisiana to spend money to discriminate against a class of citizens who are not permitted to marry in the first place," said Brian Hartig, executive director of LEGAL. "Louisiana already only recognizes marriage as being between one man and one woman. So what's the point?"

Short, who introduced similar anti-marriage legislation during last year's fiscal session, said that he would be back during this year's regular session with a constitutional amendment. He also stated that he wanted Gov. Foster to issue a proclamation against same-sex marriage. Foster, however, in a statement to the press,declined to get involved.

"If our legislators want to pick their topics de jour based upon public opinion polls why don't they work harder at reducing the crime rate, bringing jobs to Louisiana or on Medicaid or education?" asked Hartig. "Or what about an issue closer to marriage, one that is in need of real attention, like divorce or spousal abuse or teen pregnancy? "Sen. Short said last year that he thought these were existing problems which he could work on. Well, if they're such problems - which exist a heck of a lot more in Louisiana than same-sex marriages - then where's the bill, Sen. Short?"

Short's bill would amend the "Right to Individual Dignity" section of the Louisiana Constitution. His bill would mark the first time, since the Constitution's adoption in 1974, that any one group of citizens was segregated out from the rest of society and forbidden to do something that they are not allowed to do already. If it passes the legislature it will be submitted to a vote of the people during the congressional general election in 1998.

"At one time, Louisiana legislators were asked to vote on whether interracial marriages should be allowed to be performed," said Hartig. "I wonder which of our legislators would have stood up against such a bill 30 years ago. I wonder who is going to do what is right today and stand up against this attempt at discrimination.

LEGAL is a statewide non-profit organization which works to end discrimination based upon sexual orientation.


Hate Crimes Bill Out Of Committee With "Sexual Orientation" Intact

A bill allowing judges to en hance penalties against indi viduals convicted of committing hate crimes passed the House Administration of Criminal Justice Committee June 5 by a vote of 6-2 Senate Bill 914 by Sen. James Cox, D-Lake Charles, survived half an hour of debate and a hostile amendment by Rep. Tony Perkins, D-Baker. The amendment, which had been successful on similar legislation two weeks prior, was designed to remove from the bill the words "sexual orientation" as regarded a reason for the selection of a victim for assault by an individual.

"I think there's some unequal treatment here," said Perkins. "We're choosing some portions of society that we're gonna give extra protection to.

"A man can't help that he's a man nor can a woman help that she's a woman. They were just blessed to be that way," continued Perkins, who is identified in the legislature with the fundamentalist faction. "What we should be incensed about is crimes committed against any person, not just pulling out a certain segment of society and saying we're gonna protect you not based on things that you have no control over, but things that you choose.

"You know there are those that say that pedophila is a sexual orientation. And we would be providing protection to those very ones that you were trying to limit in your last bill. (Cox had just testified on a bill dealing with sexual offenders.)

"Pedophilia is not protected in this bill," answered Cox. "That question was brought up by Col. Short (Sen. Phil Short, R-Covington) and rejected after debate by the Senate. The Senate would not have favorably reported this bill out if pedophilia was protected. That's not a class of persons or a sexual orientation.

"Because a person is gay does not make him a pedophile. There's no indication that a gay person is automatically a pedophile."

"That's correct," admitted Perkins.

"Nor is there any indication that a straight person is not pedophiliac. That's not the intention of this legislation," explained Cox.

"Well, I know that's not your intention," said Perkins, "and that's not within your definition, but there are those that engage in pedophilia that are trying to have their activity defined as a sexual orientation."

Cox then assured Perkins that he would support an amendment to the bill which stated that "pedophilia is not a class embraced in the bill."

Perkins's bluff was called, however, when he refused to add such an amendment, arguing further that it was "just a symptom of a greater concern, that we're reaching out and protecting elements of society that make choices."

"The intention of the hate crimes bill is not to protect classes as much as to protect society," explained Cox. "If we have a hating society that tells people that it's not only all right to hate, which we can do-America is America and we have free speech, we have a right to hate, but we don't have a right to physically assault and beat a person ... and I think if people know that they are going to be punished additionally for a hate crime I think that then you're going to have a situation where people have a more open society which is what all we Americans want."

After some technical amendments were added, Perkins then offered the amendment to remove the words "sexual orientation" wherever they appeared in the bill.

"Although I think there is a grounds for-I may not agree with it-but I think there may be a grounds for coming with a measure that would protect someone based upon an illness that they have no control over such as age, race, gender, color, and those sorts of things, I have a problem again bringing into a protected class those who make choices.

"It is my opinion and the opinion of many that sexual orientation is that same choice and I don't think that we should be bringing those classes into a protected class."

"History shows that sexual orientation has been with us forever," said Cox. "Some say that it is biblically evil. I can't argue with them. Some would say that it's genetic. I can't argue with them. However, I have seen people in families that are very straight and very average and have seen a situation where a child grows into a mature person who is gay and the idea that because a person is gay ... that they could be subjected to a hate crime (because of that characteristic is wrong). "If we start getting to the point where we are going to allow hate to be directed at people because of a difference in sexuality of any sort then we're falling behind instead moving forward in society."

Rep. Alex Heaton, D-New Orleans, objected to Perkins' amendment. This objection directed a vote on the amendment, which lost 5-3.

Voting to remove "sexual orientation": Dupre, Perkins, Kennard. Voting to keep "sexual orientation": McCains, Morrell, Heaton, Bruce, Romero. Absent from voting: Marionneaux, Jenkins, Windhorst.

The last person to vote was Rep. Romo Romero, D-New Iberia, who after voting against the amendment, added, "I thought as Christians we're supposed to hate the sin and not the sinner."

Rep. Audrey McCains, D-Brusly, then voted to report the bill favorably with amendments, which was objected to by Perkins. By a vote of 6-2 the bill was reported with amendments.

Voting against reporting the bill: Kennard, Perkins Voting to report the bill: McCains, Morrell, Heaton, Bruce, Dupre, Romero Absent from voting: Marionneaux, Jenkins, Windhorst.


August 8 declared LEGAL Victory Nite; Locations Statewide To Help In The Celebrating

In celebration of the successes of the recent Louisiana legislative session, August 8 has been declared LEGAL VICTORY NITE. Around the state participating businesses will be helping Louisiana's lesbian and gay community to celebrate the passage of the Hate Crimes bill and the defeat of the Anti-Gay Marriage amendment. Bars, nite clubs and businesses will not only be helping the community to celebrate these victories, but they will be using this venue to educate the public about them and at the same time helping LEGAL to pay for ongoing costs related to the legislative session. Rarely does the lesbian and gay community have the incredible opportunity to celebrate such positive steps in Louisiana. So, please come out on August 8 to one of your favorite locations to celebrate LEGAL Victory Nite and help support your statewide non-profit organization as we work to end discrimination through education and involvement. In a future issue of Ambush Mag we will be listing those businesses that will be participating in this event. If your bar, nite club or business would like to get involved in the celebration and be a participating business, please contact LEGAL. You can write to us at LEGALinc, PO Box 70344, New Orleans, LA 70172-0344, email us at legalinc@aol.com, visit our web page at http://members.aol.com/legalinc/index.htm, or call our voicemail at 504.365.3105. Louisiana Electorate of Gays And Lesbians (LEGAL) is a statewide, not-for-profit human rights organization for lesbians and gay men. LEGAL works to end discrimination based upon sexual orientation.


LEGAL Visits Lake Charles

Louisiana Electorate of Gays And Lesbians (LEGAL) spent the weekend in Calcasieu Parish recently on the southwestern leg of its year-long statewide tour.

LEGAL, Louisiana's non-profit civic action organization for the lesbian and gay community, used the visit as an opportunity to accomplish several short-term objectives.

Noteable among them was a visit to the offices of Sen. "Jim" Cox of Lake Charles. Cox, the lead author of Louisiana's new Hate Crimes law, was presented a LEGAL Legislative Award for his leadership in the Louisiana Senate on the Hate Crimes bill as well as for his firm opposition to the Anti-Gay Marriage Bill.

During the last legislative session Cox made frequent trips to the Senate microphone on behalf of the Hate Crimes bill and in an effort to sidetrack the Anti-Gay Marriage amendment. Speaking out against claims by religious fundamentalist legislators who equated gay men with pedophiles and child molestors, Cox often challenged those stereotypes, standing up for the Lesbian and Gay community.

"Because a person is gay does not make him a pedophile. There's no indication that a gay person is automatically a pedophile," Cox explained to one legislator. "Nor is there any indication that a straight person is not pedophiliac. That's not the intention of this legislation.

"If we start getting to the point where we are going to allow hate to be directed at people because of a difference in sexuality of any sort," Cox had added, "then we're falling behind instead of moving forward in society."

Cox, when asked what he thought to be the most compelling reasons that the Hate Crimes legislation was passed last year, said that it had mostly to do with the networking that was done on the statewide level.

Cox stated that when he learned LEGAL would be visiting with him he began to consider the primary reason for the Hate Crimes bill's passage. He said that he remembered seeing fellow senators change their votes on the issue after receiving a number of telephone calls and letters from their constituents.

LEGAL, which has built a grass-roots Statewide Network of community members, worked with several state and local groups in ensuring that this networking occurred and that it occurred in the right way and at the right time.

During the Calcasieu Parish weekend LEGAL also held its bi-monthly Board of Directors meeting in Lake Charles on Sat., Jan. 17. Also, members of LEGAL's Board of Directors were warmly received at a social gathering with local community leaders, Lesbian and Gay students and other members and friends of the community. Held the night before the group's board meeting at Pujo St. Cafe, the social was organized in an effort to build working ties with the local lesbian and gay community.

Also, throughout that weekend LEGAL volunteers and members of its Board of Directors were busy at an information table at Crystal's, Lake Charles' lesbian and gay niteclub, distributing information about LEGAL.

"We have to thank the owners and workers at Crystal's, Pujo St. Cafe and Aunt Ruby's Bed & Breakfast," said Brian Hartig, LEGAL's executive director. "In particular, the entire weekend would not have come off or been the success that it was without the solid organizing done by our Area Coordinator there, Paul Montalbano, Jr."

LEGAL's visit to Louisiana's southwest is the third in a series of board meetings/visits being held in locations around the state. This latest was preceeded by visits last year to Lafayette in Nov. and to Shreveport in Sept.

LEGAL's next Board of Directors meeting will take place in Alexandria on Mar. 7. Details about this board meeting/visit to the CenLA Area are forthcoming.

For information about how you can get involved with LEGAL in the Lake Charles area, please contact LEGAL's Southwest Area Coordinator, Paul Montalbano, Jr., in Lake Charles at 318-439-5861, or by email at pjmon@juno.com.