Legislature(2019 - 2020)GRUENBERG 120
04/23/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB110 | |
| HB31 | |
| HB82 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | TELECONFERENCED | ||
| + | HB 110 | TELECONFERENCED | |
| += | HB 31 | TELECONFERENCED | |
| += | HB 82 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 82-DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
3:43:49 PM
CO-CHAIR KREISS-TOMKINS announced that the final order of
business would be HOUSE BILL NO. 82, "An Act adding to the
powers and duties of the State Commission for Human Rights; and
relating to and prohibiting discrimination based on sexual
orientation or gender identity or expression."
3:44:06 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature,
provided a brief summary of HB 82, as prime sponsor. He said
the lesbian, gay, bisexual, transgender, and queer or
questioning (LGBTQ) community does not enjoy the same protection
as everyone else, and HB 82 would give them that protection
through the remedies available through the Alaska State
Commission for Human Rights (ASCHR) and Alaska's civil rights
laws in the areas of employment, housing, public accommodation,
and financing practices.
REPRESENTATIVE WOOL noted that an ordinance in Fairbanks on the
same issue was controversial. He said the committee received a
letter about a transgender female being denied access to a
women's shelter. He asked Representative Josephson if he wanted
to address these topics or pass the bill out of committee and
"let the courts figure that stuff out."
REPRESENTATIVE JOSEPHSON said he is prepared to answer those
questions, but "we" can't wait until every hypothetical scenario
is solved before "this class of individuals" is protected by
civil rights. He pointed out that questions about affirmative
action are still unresolved by the U.S. Supreme Court. He
articulated that in the situation referred to by Representative
Wool, an individual sued when she was "not invited into a
religiously based domestic violence shelter." He offered his
understanding that the shelter was run by the Hope Church, and
the church sought a declaration from federal court that the
shelter did not need to invite this the individual into the
shelter. He said that the Anchorage Equal Rights Commission
(AERC) took a position that the federal court should stand down,
demur, and wait for the commission's investigation to continue.
He concluded, "Those things will get resolved, and that's an
example of what I'm talking about."
REPRESENTATIVE WOOL said he did not intend to "go into the
weeds" of all the potential "things," but just wanted to know
whether the sponsor planned to deal with the possible situations
under HB 82.
REPRESENTATIVE JOSEPHSON said it could be that the Hope Church
will prevail, in which case there is a provision in Section 6 of
the bill related to ministerial activity and churches. He said
someone could argue that churches are public accommodations, but
he reiterated that all these issues could not be solved "without
waiting for generations to pass this bill."
REPRESENTATIVE WOOL noted that the example given was regarding a
religious affiliation; he speculated that the issue would still
have to be addressed if it had happened in connection with a
nonprofit agency's shelter.
REPRESENTATIVE JOSEPHSON noted that in the various articles he
provided to the committee, there are other shelters mentioned
that do not have any issue with transgender persons.
3:50:27 PM
The committee took an at-ease from 3:50 p.m. to 3:51 p.m.
3:51:14 PM
REPRESENTATIVE VANCE referred to the use of the phrase "public
accommodation", on page 5, line 4, of HB 82, [Section
7(a)(2)(A)]. She said she had asked for a definition, then
stated that "public accommodation" has an exhaustive definition
as "a place that caters or offers its services, goods, or
facilities to the general public," and that includes: public
inns, restaurants, eating houses, hotels, motels, bathrooms, and
public amusement businesses. She said under HB 82, anyone who
states, or even implies, that he/she does not want to allow
public accommodation for anyone, that person would be breaking
the law. She asked what kind of protections there are for sole
proprietors of businesses with public accommodations that "don't
feel comfortable with an individual coming into their
accommodation for whatever reason."
REPRESENTATIVE JOSEPHSON answered that "there is no
accommodation of that feeling in the bill." He said the
philosophy is that when a person puts himself/herself into
commerce, there are rules that he/she must follow. He mentioned
the Heart of Atlanta Motel, Inc. v. United States case in 1964,
when the U.S. Civil Rights Act [of 1965] was challenged and the
U.S. Supreme Court said African Americans need to travel for
business to make a living, and it is a hassle for them not to
find accommodations readily. He opined the result of the case
was great and "it was an economic way to get to a justice
conclusion." He clarified that the same analysis applies here,
because there is a theory that those who put themselves "into
the economy" must play by a certain set of rules. He added,
"And I'm trying to change those rules."
REPRESENTATIVE VANCE responded that there are "some loose
definitions here." She directed attention to the word
"implies", on page 5, line 2, and said that it can mean many
things and could create legal challenges. She expressed concern
regarding the accommodation industry in Alaska; people open
their homes - either through Airbnb or a bed and breakfast; a
single host may feel uncomfortable letting in a person "for
whatever reason"; and under HB 82, even the implied discomfort
would be breaking the law.
REPRESENTATIVE JOSEPHSON answered that that is how he reads the
proposed legislation. He recollected from past legal study that
the U.S. Civil Rights Act has certain exemptions for a boarding
house with five or fewer rooms. He stated, "Bills are known ...
to have carve-outs, like the one you're talking about; this one
doesn't have that."
3:56:24 PM
REPRESENTATIVE VANCE moved to adopt Amendment 1, labeled 31-
LS0177\A.1, Wayne, 3/28/19, which read as follows:
Page 1, line 2, following "on":
Insert "preborn status,"
Page 2, line 5, following "sex,":
Insert "preborn status,"
Page 2, line 14, following "sex,":
Insert "preborn status,"
Page 2, line 24, following "sex,":
Insert "preborn status,"
Page 3, line 3, following "sex,":
Insert "preborn status,"
Page 3, line 11, following "sex,":
Insert "preborn status,"
Page 3, line 14, following "sex,":
Insert "preborn status,"
Page 3, line 17, following "sex,":
Insert "preborn status,"
Page 3, line 26, following "sex,":
Insert "preborn status,"
Page 4, line 9, following "sex,":
Insert "preborn status,"
Page 4, line 29, following "sex,":
Insert "preborn status,"
Page 5, line 5, following "sex,":
Insert "preborn status,"
Page 5, line 10, following "sex,":
Insert "preborn status,"
Page 5, line 19, following "sex,":
Insert "preborn status,"
Page 5, line 24, following "sex,":
Insert "preborn status,"
Page 5, line 30, following "sex,":
Insert "preborn status,"
Page 6, line 6, following "sex,":
Insert "preborn status,"
Page 6, line 12, following "sex,":
Insert "preborn status,"
Page 6, line 19, following "sex,":
Insert "preborn status,"
Page 6, line 30, following "sex,":
Insert "preborn status,"
Page 7, line 6, following "sex,":
Insert "preborn status,"
Page 7, line 23, following "sex,":
Insert "preborn status,"
Page 7, line 29, following "sex,":
Insert "preborn status,"
Page 7, line 31, following "sex,":
Insert "preborn status,"
Page 8, line 13, following "religion,":
Insert "preborn status,"
Page 8, following line 24:
Insert new paragraphs to read:
"(20) "natural person" means a human being,
regardless of age, race, religion, size, sex,
citizenship, ancestry, disability, deformity,
location, gender identity, sexual orientation, stage
of development, life expectancy, or condition of
dependency from the moment of conception;
(21) "preborn child" means a natural person
from the moment of conception who has not yet left the
womb;"
Renumber the following paragraph accordingly.
CO-CHAIR FIELDS objected.
REPRESENTATIVE VANCE spoke to Amendment 1. She mentioned that
the proposed legislation is a human rights bill to protect
individuals against discrimination. She said that "the preborn"
have been "discriminated against or simply discarded for
whatever reason." She stated her belief that "these millions of
individuals should have representation when it comes to the
human rights." She asked for consideration of Amendment 1.
CO-CHAIR FIELDS said he cannot support Amendment 1. He said he
thinks the committee should stay focused not only on human
rights, but also on jobs and economic growth, and he does not
think Amendment 1 would be "conducive to that." Co-Chair Fields
maintained his objection.
3:58:22 PM
A roll call vote was taken. Representatives Vance and Shaw
voted in favor of Amendment 1. Representatives Story, Wool,
Fields, and Kreiss-Tomkins voted against it. Therefore,
Amendment 1 failed by a vote of 2-4.
3:59:51 PM
CO-CHAIR KREISS-TOMKINS opened public testimony on HB 82.
4:01:31 PM
JESSICA VAUDREUIL testified in opposition to HB 82. She
expressed surprise that "this gender identity anti-
discrimination clause" is already in school district board
policy. She opined that HB 82 undermines First Amendment rights
and "harms innocent children by glorifying what is considered by
most as essential abomination." She described the proposed
legislation as "a wolf in sheep's clothing," but she thinks it
is "coercive indoctrination of every child in the country and in
the state." She said HB 82 asks citizens to approve of
transgenderism and homosexuality as moral and a diversity to be
celebrated, "while denying the obvious message of the God-given
human body." She posited that the goal of this indoctrination
is "to separate a child from bigoted parents, who subscribe to
the teaching of Jesus regarding a male/female foundation for
sexual ethics." She said this is only part of the reason she
opposes HB 82, and she would submit further reasons in writing.
4:03:45 PM
LILLIAN LENNON testified in support of HB 82. She related that
she is a transgender woman and has known this about herself
since she was little; it is what makes her what she is. She
stated that she has experienced discrimination, and the
ordinance passed by the Municipality of Anchorage that "protects
people on the basis of gender identity and sexual orientation"
makes her feel safe. She expressed concern knowing that such
protection is not statewide. She said she wants people to be
able to live authentically, no matter race, gender, sexual
orientation, or ethnicity. She reiterated her support for HB
82.
4:05:36 PM
ZHENIA PETERSON testified in support of HB 82. She said she
believes that Alaska's anti-discrimination laws should apply to
everyone, including LGBTQ people. She expressed that gay and
transgendered people can be denied work, public service, and
educational opportunities. She opined, "Every one of us
deserves to live without fear while contributing to our
society."
4:06:39 PM
DENISE SUDBECK, Ph.D., said she is a pastor of the Metropolitan
Community Church in Anchorage, and she indicated involvement
with Christians for Equality. She stated that as a member of
the LGBTQ community in Alaska, she has experienced
discrimination, especially when outside of protected areas, such
as Anchorage. She has been refused public accommodations and
the purchase of gasoline. She shared that she is a Vietnam
Veteran, who has contributed to the welfare of the nation. She
expressed hope that the committee would pass HB 82.
4:08:36 PM
LIN DAVIS stated that she has been working toward equality for
the LGBTQ community since 1975. She said for 20 years she has
been the leader of a cleanup crew comprising two LGBTQ groups in
Juneau that cleans a stretch of road near the university. The
sign on the side of the highway that depicts the names of the
groups has been smeared and knocked over; however, it has not
been damaged in the past six or seven years. She said she
thinks there is "a rising fairness and respect," and statewide
protections can encourage this for jobs, housing, and public
services. She stated, "There's no good reason not to do it;
it's all for the common good; it benefits communities when
there's fairness and respect." She said she watched this
legislation pass out of committee a year ago, and she encouraged
the committee "to have that same wisdom today."
4:10:46 PM
EMOGENE KIMBERLY LEA stated that the preamble of the
Constitution of the United States reads, "We the people." She
pointed out that there is no discrimination in those words; they
include all the people. She said that is what civil rights is
all about; it is the strength of the U.S. and of the military.
She reflected that all [legislators] present are sworn to uphold
the constitution, and they recite the Pledge of Allegiance;
therefore, there is an obligation to fulfill that oath. She
urged the committee to support HB 82 - providing equal rights to
all people.
4:12:35 PM
ALYSON CURREY, Legislative Liaison, Planned Parenthood Votes,
testified in support of HB 82. She stated that the proposed
legislation would ensure that LGBTQ Alaskans are afforded the
same rights and protections under law that other Alaskans
already have. Those rights provide the ability to live life
with safety, privacy, and dignity. She continued as follows:
As a healthcare provider and employer, Planned
Parenthood knows that this legislation is good for
public health and safety and good for business.
Because of discrimination and fear of discrimination,
many LGBTQ employees hide their identities at work,
are paid less, and have fewer employment opportunities
than their non-LGBTQ counterparts. This prejudice
puts LGBTQ people at increased risk for poor physical
and mental health. Gay and transgendered people are
friends, neighbors, family, and co-workers; they work
hard, serve in the military, and pay taxes. And like
everyone else, they just want to contribute to the
economic health of our state, earn a living, and
provide for their families. When they apply for a
job, search for housing, walk into a business that's
open to the public, or a restroom, they should be
treated like anybody else and not discriminated
against.
It became crystal clear to us during the recent non-
discrimination fight in Fairbanks, that our LGBTQ
friends and family badly need the protection of the
law. We sat through hours of hateful and hurtful
testimony of the few loud opponents trying to convince
the Fairbanks City Council that queer and transgender
individuals deserve to be discriminated against simply
because of their gender and who they love.
I fear that until we pass statewide non-discrimination
protection, every day Alaskans are going to continue
to live in fear of being harassed, harmed, fired,
[and] denied housing or public services just because
they're gay or transgendered. So, I ask you to please
support HB 82 and pass the bill from committee.
4:15:01 PM
BRITT TONNESSEN testified in support of HB 82. She related that
she is a professional in gender-based violence prevention and
intervention, an advocate for survivors of violence, and a
person who seeks to prevent violence. Further, she said she has
a background in "human security," which she explained is "a
freedom from want" and "fear." She indicated two documents that
show victims of violence how to regain power and control; one
was for people in heterosexual relationships, and the other was
for people in LGBTQ relationships. The latter deals with the
issue of "outing" people and "using each other's differences
against each other." She talked about a system where there is
homophobia, bi-phobia, and transphobia, and how
uncomfortableness can be in a moment or in the everyday life of
someone. She said, "Naming what we see, what we have, gives
these people power." She said people face threats daily. She
urged the committee to pass HB 82.
4:17:33 PM
BECKY ANDERSON testified in support of equality and HB 82. She
said she did not make the choice to be heterosexual, white, and
female, but because she is, she does not face discrimination in
the areas of housing, employment, and services provided. She
exclaimed, "Yay, me!" She pointed out that unfortunately that
is not the case for many Alaska citizens. She said LGBTQ
citizens did not have a choice in being who they are, yet
current laws punish them for existing. She said within the
LGBTQ community are friends, family, coworkers, students, and
people in various occupations. She emphasized, "They are us."
She talked about the efforts made over the last several years to
reach equality, and she said legislators can help make Alaska an
equal rights state. At that point, [the exclamation will be],
"Yay, us!" She said now is the time to stop treating LGBTQ
people as "less than" and stop procrastinating in giving
attention to this issue. Ms. Anderson explained that she is
fighting for this, because it is the right thing to do and the
time to do it is now.
4:19:51 PM
REBECCA DUNNE testified in support of HB 82. She echoed the
voices of those who have already stated that the proposed
legislation is important and the time for it is now. She said
the House State Affairs Standing Committee has heard a version
of this legislation several years in a row and has heard and
read about how equality is good for business, tourism, and
community health. She continued:
My sexual orientation is not a choice, and I am tired
of people telling me that it is. My husband's gender
identity is not up for debate, and I am tired of
people debating it. We do not have equality under
federal law, state law, or municipal law here in
Fairbanks, and I'm tired of people telling me that we
do or, at the same time, that equality under the law
is actually special rights. I don't need special
rights. I just want to know that I can't be fired for
being gay; that I can't be denied housing for being
gay; that I can't be denied medical care or
prescriptions for being gay; that I can't be kicked
out of a restaurant or a store for being gay; and that
my husband can use a public bathroom without getting
harassed. I just want to know that we can live like
straight and cisgender people without hiding who we
are. Please pass HB 82 out of committee.
4:21:34 PM
KRISTEN SCHUPP testified in support of HB 82, which is a human
rights bill addressing a group of people that regularly
encounter discrimination for being who they are daily. She
listed many of the roles and occupations filled by LGBTQ people,
and she opined that there are no good reasons not to grant equal
rights and protections to the LGBTQ community. She said 21
states already have. She said there will be plenty of
illogical, fearful, or hateful [testimonials], but they are not
good, compassionate, or logical. She said religious-based
reasons have no place in formulating policy in a country that is
supposed to have separation of church and state. She said
religion, itself, is a choice that is protected. She stated,
"This is not about special rights; it's about equal rights and
human rights." She posited that there is no neutrality on the
issue of human rights; "you're either part of the problem or
part of the solution." Ms. Schupp said there is "a lot of fear
around [transgender] people or people pretending to be
[transgender] in order to assault people in bathrooms," but she
said this is "statistically negligible," and it is actually
transgender people who are at risk of being assaulted. She
stated, "You're more likely, statistically, to be assaulted by
the current President of the United States, and much, much more
likely to be assaulted by a religious figure, such as a priest
or youth pastor or a cop." She urged the committee to pass HB
82.
4:23:34 PM
ALEXANDER THORNTON stated that he is a small business owner in
Fairbanks, and he is trying to purchase property. He explained
that the reason for his testimony is that in the five years that
he has been in Fairbanks, he has been denied housing, has been
prevented from accessing his work place, has been fired from
employment, has been prevented from accessing education, and has
been denied medical care, not just because he is queer, but also
because he is disabled. He said that is why he is asking the
committee to support HB 82. He said he loves the people in
Fairbanks. He stated that he wants to be free to run his
business without fear of "legalized harassment" and free of the
fear of being denied housing, education, and medical care. Mr.
Thornton said he has faced discrimination all his life, but not
as readily as he has faced it in Fairbanks. Notwithstanding
that, he said he loves the state and its people, and he believes
in "this community." He indicated that the passage of HB 82
would benefit all those who are marginalized. He asked the
committee to "do the right thing" by supporting HB 82.
4:25:58 PM
RINA KOWALSKI asked the committee to support the protections for
the LGBTQ community, as she and her daughter are LGBTQ. She
said she wants to ensure her daughter's future is protected.
She said she has been harshly judged her entire life for her
LGBTQ status. She said she has always encouraged her children
to see the good in all people and have free choice in whom they
love. She reiterated her concern for future generations and
thanked the committee for supporting equality and for "treating
us as the equals we are."
4:27:07 PM
ABIGAIL NORTH stated that she is a transgender woman, she has a
wife, and she is a teacher. She said she grew up in
Gainesville, Georgia, attending Pentecostal Holiness churches,
and knowing people would hate her for her gender identity and be
vile to her. She said she has "heard that a lot, particularly
with the equality stuff here in Fairbanks over the last few
months." She asked the committee to support HB 82. She related
that she has been told by more than one white stranger that they
were "uncomfortable being in a public restroom with African
Americans." Regarding the issue of being made uncomfortable by
someone and having the right to refuse service, she said, "This
has been argued for decades." In the deep south, Georgia fought
desegregation, and she still hears the same religious arguments
against desegregation.
4:29:36 PM
MELANIE LINDHOLM stated that she and her fiance identify as part
of the LGBTQ community and have both experienced discrimination
because of their identities - especially in the area of
employment. She related that in 2015, after 13 years under a
contracted position at a hospital, her fiance was fired for
coming out as transgender. That same year, she was denied
employment at the University of Alaska Fairbanks (UAF), because
it was known by some of the members of the hiring committee that
her fiance was transgender. She asked the committee to support
HB 82, because she believes that all people should have
employment protections. She said she believes in equality for
and the value of all citizens, regardless of their orientation,
identity, or expression. She concluded, "We are all human,
deserving of human rights and equal protection."
4:30:50 PM
ALYSSA QUINTYNE, Community Organizer, The Alaska Center,
testified in support of HB 82. She said via a nondiscrimination
ordinance, protections were in place for four days before being
vetoed. That was following months of testimony. She opined
that legislation, such as HB 82, is absolutely necessary. She
said people have shared through testimony that they have lost
homes, jobs, access to medical care, and that people have lost
their lives, because of legalized discrimination. She said The
Alaska Center understands that its residents and voters are much
more likely to participate in their community and government
when their rights are protected; they are welcome both in public
and private sectors; and they are given unrestricted access "to
any of those participatory avenues." She said discrimination on
any matter limits access to necessary resources and services.
She opined that holding leaders accountable is "key to holding a
healthy democracy and a healthy community." She said the
support of HB 82 will ensure all Alaskans are free to
participate in their government and communities, and she
encouraged the committee to support the bill.
4:33:10 PM
ERIN WORLEY testified in support of HB 82. She said she is a
nursing student about to graduate, and she would talk about the
statewide health implications of the proposed legislation. She
stated that when legislation is passed that supports the ability
of LGBTQ community members to thrive regardless of sexual
orientation, gender identity, or gender expression, "we start to
remove an external stigma." A message is sent that
discrimination is not acceptable in Alaska. She said there is
established research correlating stigma and discrimination with
higher rates of depression, suicide, mental health disorders,
and maladapted coping, such as substance abuse and smoking. She
said states with protective legislation in place have improved
the health outcomes of LGBTQ people though lower rates of
depression, suicide, mental health disorders, and substance
abuse. She said the American Nurses Association issued a
statement on this topic describing a commitment to the
elimination of health disparities and discrimination based on
sexual orientation, gender identity, and gender expression
within healthcare. She added that as a nurse, she will "commit
to that." She asked the committee to commit to making a
statement against discrimination and making Alaska healthier by
supporting HB 82.
4:35:09 PM
HAYDEN NEVILL, Gender Pioneers, testified in support of HB 82.
He stated that he is a transgender man; it means he was born
female and is now legally and socially male. He mentioned that
he is a veterinarian, a taxpayer, a husband, and a voter. He
has heard many stories from LGBTQ people since founding Gender
Pioneers: denied housing; denied employment; denied retail
service; denied prescriptions by a pharmacist. He said, "This
is not how Alaskans treat each other." He mentioned the
overwhelming support for the Fairbanks non-discrimination
ordinance. He referred to the question of transgender ("trans")
women in shelters and locker rooms and said, "It's important to
be clear that trans people have been in shelters and locker
rooms for a very long time." He stated that public testimony
from the three shelters in Fairbanks indicated that any non-
discrimination ordinance would not affect them; they are happy
to serve transgender people. He referred to the question
regarding Airbnb and relayed that Airbnb already has a non-
discrimination clause that includes queer people. He emphasized
that the passage of HB 82 would send a message that all are
welcomed, loved, and important.
4:37:17 PM
CRIS EICHENLAUB testified in opposition to HB 82. He expressed
his opinion that the acronym - LGBTQ - is not well defined;
therefore, the group that would be protected under HB 82 is not
well defined. He opined that the proposed legislation reflects
a national agenda; it would put employers and women shelters at
risk of lawsuits.
4:39:55 PM
HERMAN MORGAN testified that he is appalled by people who
support the proposed legislation; the public comment reflects a
well-organized effort. He said that he is appalled by the
drafter of the bill "to try to say it's a civil rights issue."
He stated, "I am a Native. I was born a Native. I didn't choose
to become what the bible calls an abomination." He read a
prayer and expressed his concerns with the proposed legislation.
He concluded, "Please don't support this bill."
4:42:28 PM
BERT HOUGHTALING testified in opposition to HB 82. He
maintained that Alaska's equal rights amendment already protects
people from discrimination, and if anyone cannot identify under
that amendment, then it is a failure on the part of the person
or a failure of the legal system. He offered that the provision
under HB 82 is so important that it should go to a vote of the
people. He expressed his concern that using the wrong pronoun
to refer to someone could result in a discrimination charge.
4:44:06 PM
MAUREEN LONGWORTH, MD, testified that she grew up in a
religious, Christian home where she learned from her parents and
her church "to treat others as we wish to be treated." She
stated that equality is written into the U.S. Constitution; HB
82 should be passed because it upholds the U.S. Constitution.
She relayed that she has practiced in communities across
Southeast Alaska; and small communities lack the anonymity and
support organizations that the larger cities can offer to a
person who is struggling. She said, "Universally young people
have at times reported they would rather be dead than be gay or
trans, and they do not see hope of survival in their
communities." She mentioned that trans people experience the
highest rates of suicide and victimization. She emphasized that
most often the people who rape women are straight men; a white
Catholic priest raped her. She expressed her concern for the
health of Alaskans and the economy. She said that medical
research shows that the healthiest communities are communities
where equality resides; disparities in rights for segments of
the population wear down members on both sides of the divide.
She advocated for retaining young people in the state and
assuring them equal treatment. She urged passage of HB 82.
4:47:08 PM
GREG WEAVER testified that the state has more important issues
than guaranteeing equal rights for sexual preference. He
expressed that sexual preference is a personal endeavor and
should be kept personal.
4:49:39 PM
CHRISTINE HUTCHINSON testified that she believes that government
should be limited and "every little nook and cranny cannot be
legislated by the government." She maintained that the
government has demonstrated its ineptness in monitoring people.
She expressed her belief that government should not be intruding
into the personal lives of people. She asserted that sexual
orientation and the desire to be transgender are personal
issues. She stated that she opposes the passage of HB 82,
because it is unnecessary.
4:51:57 PM
LOIS HENDERSON testified that she supports HB 82, equal rights
for all, and all people being treated the same. She continued,
"As a country we do not discriminate against people based on
inborn differences. We need to be sure to include the LGBTQ
community in these guarantees." She shared that as the mother
of a transgender woman who grew up in Fairbanks, the sister of a
gay woman, and the aunt of a transgender boy, she is exquisitely
aware of the importance of equal rights to the individual
people. She offered that the proposed legislation hurts no one,
and in the year 2019, should not even be a question.
4:53:11 PM
ROSE O'HARA-JOLLY testified that recently the Fairbanks City
Council passed its first non-discrimination ordinance; it had
overwhelming support; public comment against the ordinance from
a vocal few demonstrated the importance of having such an
ordinance. She stated that publicly sharing aspects of her life
which she wished to remain private took a heavy toll on her.
She relayed that straight and cisgender ("cis") people are not
required to come to public meetings and beg to be treated with
dignity and respect - beg to be allowed to keep their jobs or
rent their homes free from fear. She offered that as a queer
person, she has been called many names, including a pedophile.
She relayed the actions of one city council member who
disrespected her, other testifiers, and various people in the
community to generate hate. She said that ultimately the mayor
of Fairbanks vetoed the ordinance. She asked that the committee
lead by example, make a stand against hate, vote for dignity and
safety, and pass HB 82,
4:55:47 PM
ADAM HYKES testified that as a Christian, he is sorry for the
testifiers who have been treated poorly; that should not occur
to anyone regardless of age, skin color, religion, sexual
orientation. He stated that from a scientific perspective, a
person's gender is fixed at birth. He opined that it is unwise
to legislate that which has not been thoroughly researched. He
asked, "How exactly do you plan to uphold this when it's
challenged or scrutinized in court?" He opined that everyone
deserves to be treated with respect, but it is not the job of
government to oversee this on every level. He said he supports
limited government.
4:58:03 PM
KRISTA CHRISTENSEN testified that she is in support of HB 82
because of discrimination and the fear of discrimination among
LGBTQ people in Alaska. They must hide their identities; they
are paid less; and they have fewer employment opportunities than
their non-LGBTQ counterparts. They deserve the same protection
as all other citizens. She stated that every citizen should
have equal protection under the law regardless of personal
character traits. She urged passage of HB 82. She expressed
her regret for the treatment that the LGBTQ testifiers have
experienced.
4:59:53 PM
TAMARA KRUSE-ROSELIUS testified in support of HB 82. She
expressed appreciation that Alaska has a strong constitution
regarding civil rights and guaranteed privacy rights. She urged
that equal rights be protected under state law. She added that
because Alaska law has not defined "sex" in sex discrimination,
there is nothing to prevent it statewide. Because the law is
not clear, it is not clear how courts will interpret sex
discrimination. "The last thing we need in Alaska is every
jurisdiction doing their own thing, especially as far as equal
rights are concerned." She cited survey results of transgender
Alaskan residents, in which almost one-third experienced housing
discrimination within the year. She emphasized that
historically Alaska was a leader in civil rights and urged that
Alaska not "fall behind [the curve]." She added: as an Airbnb
landlord, she is already unable to discriminate; she is a
Christian who believes in the separation of church and state;
and "there is nothing more important than equal rights. If you
don't think so, it's because you already have yours."
5:01:52 PM
CO-CHAIR KREISS-TOMKINS closed public testimony on HB 82.
5:02:17 PM
REPRESENTATIVE STORY moved to report HB 82 out of committee with
individual recommendations and attached zero fiscal note.
REPRESENTATIVE VANCE objected.
A roll call vote was taken. Representatives Story, Wool,
Fields, and Kreiss-Tomkins voted in favor of reporting HB 82 out
of committee. Representatives Vance and Shaw voted against it.
Therefore, HB 82 was reported from the House State Affairs
Standing Committee by a vote of 4-2.