Legislature(2017 - 2018)BUTROVICH 205
03/31/2017 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB72 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 72 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 72-DISCRIMINATION: GENDER ID.; SEXUAL ORIENTATION
1:31:29 PM
CHAIR WILSON announced the consideration of SB 72.
1:31:41 PM
SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 72, spoke to the following sponsor statement:
Senate Bill 72 is very important to me personally and
I think probably many of us have relatives and friends
who would be protected under these provisions. Article
I in Alaska's constitution says, "This constitution is
dedicated to the principles that all people have a
natural right to life, liberty, the pursuit of
happiness, and the enjoyment of the rewards of their
own industry, that all persons are equal and entitled
to equal rights, opportunities, and protection under
the law, and that all persons have corresponding
obligations to people in the state."
Alaska human rights statute currently prohibits
discrimination in employment, housing, and banking
based on race, religion, color, national ancestry,
physical or mental disability, age or sex. Senate Bill
72 would add to that list, "Discrimination based on
sexual orientation, gender identity or expression;"
under current statute Alaskans are not protected from
discrimination of this kind.
Historically the state of Alaska has been on the
forefront of advocating for civil rights and
instituting measures that embrace our state's
diversity, and currently Anchorage, Juneau, and Bethel
have ordinances similar to this legislation, and state
employees are also protected from discrimination based
on their gender identity and expression. Twenty-one
other states have passed legislation similar to this
and the Alaska State Commission for Human Rights has
passed a resolution in favor of including sexual
orientation and gender identity to the protections.
I think that the time to afford civil rights to all
Alaskans, regardless of gender orientation, identity
or expression, is now. National studies estimate that
three to four percent of the U.S. population self
identifies as lesbian, bisexual, transsexual, or gay.
A 2011 survey specifically for Alaska estimates about
3.5 percent of our state, but in a way the actual
numbers are irrelevant. In suicide prevention we say
that even one is too many and I think that also holds
true for any civil rights violations. It's my belief
that sexual orientation, gender identity or expression
should not interfere with: any person's right to
expect fair treatment under the law, a person's right
to live free of abuse and discrimination, a person's
right to employment, to housing, to public
accommodations, and to banking services that are
available to everybody else; Alaskans today are
sometimes denied those rights on account of their
orientation, identity or expression.
It's also an economic issue, the Anchorage Economic
Development Corporation's "Live. Work. Play."
initiative says this, "The job market is changing, it
is no longer people going where the jobs are, instead
people go where they want to live, and the jobs are
going where the people are. Today's talent is looking
for a city that's aesthetically pleasing, welcoming
and open to diversity." The "One Anchorage One
Economy" team is proud to support the city's second
annual "Welcoming Week in Anchorage," that was
September in 2016, and Anchorage is a member of the
National Welcoming Cities Initiative. The Anchorage
Economic Development Corporation unanimously supported
the LGBT equal rights ordinance in Anchorage. Many
companies support similar policies and institute
internal policies for economic purposes, and as polls
and testimony reveal their support for this measure
from Alaskans of all identities, orientation,
religious affiliations, and political parties.
At no cost to the state, this bill if passed will
strengthen civil rights statutes and include one of
the fastest growing, vibrant and economically active
communities in Alaska. The 2010 U.S. Census showed
that LGBT households in Alaska grew by 57 percent over
the previous decade. It's time for the state to take
this in hand, live up to our constitution, and be a
human rights state where people are equal, entitled to
equal rights, opportunities, and protections.
1:37:05 PM
MEGAN HOLLAND, Staff, Senator Berta Gardner, Alaska State
Legislature, Juneau, Alaska, said SB 72 is an act adding to the
powers and duties of the Alaska State Commission for Human
Rights and relating to and prohibiting discrimination based on
sexual orientation or gender identity or expression.
She reviewed the following sectional analysis for SB 72:
Section 1:
Amends AS 18.80.060 regarding the powers and duties of the Human
Rights Commission. The section adds "sexual orientation, gender
identity or expression" to the list of categories that include
race, religion, color, national ancestry, physical or mental
disability, age, sex, marital status, changes in marital status,
pregnancy, or parenthood.
Section 2:
Amends AS 18.80.200 to add "sexual orientation, gender identity
or expression" to the list of discriminations which are cause
for public concern and the need to prevent discrimination in
employment, credit and financing practices, public
accommodations and sale, lease or rental of real property.
Section 3:
Amends AS 18.80.210 to add "sexual orientation, gender identity
or expression" to the categories of protected civil rights.
Section 4:
Amends AS 18.80.220 to add "sexual orientation, gender identity
or expression" to the prohibitions against unlawful employment
practices.
Section 5:
Amends AS 18.80.230 to add "sexual orientation, gender identity
or expression" to the prohibitions against unlawful practices in
public accommodations.
Section 6:
Amends AS 18.80.240 to add "sexual orientation, gender identity
or expression" to the prohibitions against unlawful practices in
the sale or rental of real property.
Section 7:
Amends AS 18.80.250 to add "sexual orientation, gender identity,
or expression" to the prohibitions against unlawful practices in
extending credit.
Section 8:
Amends AS 18.80.255 to add "sexual orientation, gender identity,
or expression" to the prohibitions against unlawful practices by
the state or its political subdivisions.
Section 9: Amends AS 18.80.300 to add "sexual orientation,
gender identity, or expression" to the prohibitions against
unlawful practices in blockbusting, or practices by a real
estate agents to close a transaction.
Section 10: Amends AS 18.80.300 to add definitions of "gender
identity or expression," and "sexual orientation" to Alaska
statute.
CHAIR WILSON asked Marti Buscaglia to address the committee
regarding the Alaska Commission for Human Rights.
1:40:44 PM
MARTI BUSCAGLIA, Executive Director, Alaska Commission for Human
Rights, Anchorage, explained that the commission's resolution
calls on the Legislature to revise the Alaska Human Rights Law,
AS 18.80, as follows:
· Expressly prohibit discrimination on the basis of sexual
orientation or gender identity and expression.
· Requests staff to work with the Department of law to draft
proposed regulations addressing the inclusion of
prohibition against discrimination on the basis of sexual
orientation or gender identity under the existing law
prohibiting sexual discrimination.
· Consider the administrative application of the Education
Law Center's (ELC) interpretation of Title VII of 1964
Civil Rights Act prohibiting employment discrimination on
the basis of sexual orientation and or gender identity or
expression.
MS. BUSCAGLIA explained that the commission is in the stage of
actually drafting the language, but the commission's belief is a
statute change would send a stronger statement of the state's
position on anti-discrimination. She disclosed that the
commission has a long history of supporting equal rights and
noted that the state has also been a leader in adopting strong
civil rights protections. She set forth that strengthening the
state's statute to protect people in the lesbian, gay, bisexual,
and transgender (LGBT) community would be part of Alaska's
strong advocacy of civil rights.
CHAIR WILSON asked Ms. Buscaglia to confirm that the commission
is working on amending the process through regulations.
MS. BUSCAGLIA answered yes.
1:44:24 PM
SENATOR BEGICH asked Senator Garner what are the current
discrimination rates in Alaska on the basis of sexual
orientation or gender identity and expression.
SENATOR GARDNER explained that previously when a similar
resolution had a public hearing there was testimony that there
was not a problem with discrimination in Alaska. She disclosed
that her answer to the remark that the was no discrimination was
that without a protected class, people cannot bring a complaint
and therefore the data is not collected by the Human Rights
Commission because they have no jurisdiction over that. She
remarked that it is hard to know exactly what rates are because
there are not charges or any allegations; however, there has
been some research that makes estimates. He said Ms. Holland
will provide additional information.
MS. HOLLAND disclosed that data from other states has been
provided to committee members. She pointed out that a 2011
survey in Anchorage showed significant rates of discrimination
in employment, public accommodations, housing, and financing.
She detailed that the 2011 survey indicated that 21 percent of
LGBT people in Anchorage reported being turned down for a job
that they were otherwise qualified for because of their sexual
orientation or gender identity, 15 percent report being fired
because of their orientation or gender identity, and 73 percent
report hiding their sexual orientation or gender identity at
work to avoid discrimination.
1:47:04 PM
SENATOR BEGICH called attention to a census snapshot from the
Williams Institute on the prevalence of same-sex couples in
Alaska. He addressed Ms. Holland's testimony on the 2011 survey
and shared an example of sexual-orientation discrimination that
occurred within his family in Anchorage. He remarked that the
bill would have a direct impact on his family and noted a
possible conflict. He said a movement is going on where a lot of
national companies have moved forward on their own to prohibit
discrimination and some will not do business in states where
discrimination happens. He pointed out that with the
discrimination-policy movement going on, he asked why a state
law is needed.
MS. HOLLAND replied that although there is a prevalence of
internal policies within private industries to give protections
to individuals, the protections typically only cover employment
areas. She set forth that the bill's sponsor believes that the
bill is absolutely necessary because the extent of someone's
civil rights should not be contingent on their employer or where
they live. She said the civil rights for all Alaskans should be
protected.
1:49:43 PM
CHAIR WILSON asked how the bill affects religious institutions.
MS. HOLLAND answered that the bill's intent language simply adds
an additional protective class, so the same expectations and
legal requirements that are applied to religious institutions on
behalf of someone's gender, race, or marital status still
applies. She noted that there was a Supreme Court case that
created the "ministerial exception" where religious institutions
are exempt from anti-discriminatory policies related to the area
of employment. She noted that religious institutions would have
to uphold their current requirements not to discriminate in
areas such as housing and public accommodation.
1:51:15 PM
CHAIR WILSON opened public testimony on SB 72.
SENATOR GARDNER asked permission to read three testimonies into
the record.
1:52:15 PM
At ease.
1:52:50 PM
CHAIR WILSON called the committee back to order.
SENATOR GARDNER directed attention to three e-mails from Mary
Parker, Donald Johnson, and Paige Hodson. She noted that Ms.
Hodson's written testimony describes her son's experience in
Alaska and how he ultimately left the state.
1:54:09 PM
JUDY ANDICE, advocate, League of Women Voters, Juneau, Alaska,
testified in support of SB 72. She set forth that the League of
Women Voters of the United States believes in equality in
education, housing, and employment for all persons regardless of
their race, color, gender, religion, national origin, age,
sexual orientation, or disability.
1:55:52 PM
TERESA KENNEDY, employee, National Gay and Lesbian Chamber of
Commerce, Washington, D.C., testified in support of SB 72. She
revealed that she is a former resident of Alaska. She set forth
that Alaska is failing by not including LGBT people in the
state's nondiscrimination laws.
1:59:50 PM
LIN DAVIS, advocate, Southeast Alaska Gay and Lesbian Alliance
(SEAGLA), Juneau, Alaska, testified in support of SB 72. She
revealed that she is a married lesbian and has been with her
wife for 27 years. She disclosed that her wife is a physician
and a member of the Alaska Academy of Family Physicians and
noted that the academy strongly supports LGBT protections. She
said the American Academy of Family Physicians have studied that
communities are healthier when young people feel they can grow
up to be who they are meant to be.
2:02:44 PM
ALYSON CURREY, advocate, Planned Parenthood Votes Northwest and
Hawaii, Juneau, Alaska, testified in support of SB 72. She said
as a health-care provider, SB 72 is legislation that is good for
public health and good for business. She set forth that each of
us should be free to build loving relationships and create
families without discrimination based on an individual's
personal-private lives.
2:03:54 PM
CASSANDRA BROWN, representing self, Juneau, Alaska, testified in
support of SB 72. She read a letter of support of SB 72 from an
individual that was not in attendance.
2:07:27 PM
EMO LEE, representing self, Juneau, Alaska, testified in support
of SB 72. She set forth that she is transgender, a human, and
expects as an American citizen to be afforded the respect and
protection of the law afforded in theory to all other human
beings.
2:10:02 PM
CARMEN LOWRY, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), Juneau, Alaska, testified
in support of SB 72. She set forth that ANDVSA fully supports SB
72 that upholds the civil and human rights of individuals
regardless of their sexual orientation, gender identity or
gender expression.
2:13:41 PM
JIM MINNERY, President, Alaska Family Council, Anchorage,
Alaska, testified in opposition of SB 72. He said the thousands
that the Alaska Family Council represents cherishes the freedom
to peacefully express and live by its religious, philosophical,
and political beliefs. He remarked that laws like SB 72 are used
by the government to compel citizens to sacrifice their deepest
convictions on marriage and what it means to be male and female.
2:16:30 PM
MARINA DAY, representing self, Fairbanks, Alaska, testified in
support of SB 72. She asked that "Sexual orientation, gender
identity or expression" be added to the Alaska Human Rights Law.
2:18:32 PM
MELANIE LINDHOLM, representing self, Fairbanks, Alaska,
testified in support of SB 72. She revealed that she and her
fiance have both experienced discrimination because of their
identity, especially in employment. She said her fiance was
fired for being transgender and she was denied employment
because her fiance is transgender.
2:19:15 PM
KATHY OTTERSTEN, representing self, Fairbanks, Alaska, testified
in support of SB 72. She said she spoke in favor of the bill
specifically as someone who has a lifetime of being valueless in
society. She revealed her personal information to the committee.
She beseeched the committee to have the courage to make an
affirmative statement that all persons have value.
2:21:25 PM
MORGAN LIM, representing self, Fairbanks, Alaska, testified in
support of SB 72. He said he was surprised to learn that the law
in Alaska allows someone to be discriminated against because of
their sexual orientation. He revealed that he is a gay man and
remarked that he is personally putting himself at risk of
eviction if his landlord finds out that he is testifying in
support of SB 72. He set forth that no person should have the
fear of eviction or termination of employment because when
testifying to legislators on an issue that is important to them.
2:22:41 PM
LESLIE FAILS, Minister, Unitarian Universalist Fellowship of
Fairbanks, Fairbanks, Alaska, testified in support of SB 72. She
stated that she is in favor of equal rights for all people and
asked for support in SB 72 to make positive changes that will
allow both people of faith and Alaskans to move forward.
2:23:58 PM
RONALD CASTO, representing self, Fairbanks, Alaska, testified in
support of SB 72. He revealed that he is gay and shared his
discriminatory employment experiences. He set forth that having
the law on his side is important to him because laws are
reflective of the values and morals of Alaskans.
2:25:10 PM
PHIL OSBORN, representing self, Unitarian Universalist
Fellowship of Fairbanks, Fairbanks, Alaska, testified in support
of SB 72. He set forth that it is well past time to put to bed
the issue with discrimination on the basis of sexual orientation
or gender identity and expression. He asked that religious
people remember to, "Love thy neighbor as thyself."
2:26:56 PM
DR. EMILY OLSEN, M.D., representing self, Anchorage, Alaska,
testified in support of SB 72. She referenced a policy position
paper from the American College of Physicians (ACP) in regard to
LGBT health disparities. She detailed that ACP recommends that
gender identity, independent and fundamentally different from
sexual orientation, be included as part of nondiscrimination and
anti-harassment policies.
2:28:39 PM
DANIEL STICH, representing self, Two Rivers, Alaska, testified
in support of SB 72. He revealed that he is gay and shared a
personal event where discriminatory employment and habitation
events occurred due to his sexual orientation.
2:30:17 PM
HAYDEN NEVILL, Founder, Gender Pioneers, Fairbanks, Alaska,
testified in support of SB 72. He revealed that he is a
transgender man. He set forth that protecting gay, lesbian and
transgender people in housing and employment is the right thing
to do.
2:32:24 PM
ELIZABETH LYKE, representing self, Fairbanks, Alaska, testified
in support of SB 72. He disclosed that she is a transgender
woman and the bill is very important to her. She said Alaska is
an amazing place to live, but not having protection from
discrimination on the basis of sexual orientation or gender
identity and expression is a glaring way that the state has more
work to do.
2:33:55 PM
RUDY POGLITSH, representing self, Wasilla, Alaska, testified in
opposition of SB 72. He opined that making sexual orientation
and gender identity or expression protected-legal classes
endangers women. He opined that SB 72 will allow sex offenders
to prey on women and girls by providing access to intimate
places.
2:35:16 PM
MICHAEL BURKE, Pastor, St. Mary's Church Anchorage, Anchorage,
Alaska, testified in support of SB 72. He revealed that he has
seen at least a dozen cases in Alaska that were clear-cut
examples of discrimination against people that were gay, lesbian
or transgender.
2:38:05 PM
REBECCA DUNNE, representing self, Fairbanks, Alaska, testified
in support of SB 72. She revealed that she is lesbian and
married to a transgender man. She remarked that discrimination
in housing and the work place is more prevalent because LGBT
have become more visible and are living more honest lives. She
said Alaska has a patchwork of municipal protections, but her
landlord in Fairbanks could still evict her for being or
appearing gay and her husband could be fired at his job for
being or appearing transgender. She set forth that SB 72 is
about fairness and will protect thousands of Alaskans.
2:39:12 PM
LINDSEY PARKINSON, representing self, Fairbanks, Alaska,
testified in support of SB 72. She set forth that everyone
should be supported and protected.
2:40:05 PM
DAVID KREISS-TOMKINS, representing self, Fairbanks, Alaska,
testified in support of SB 72. He remarked that LGBT people have
long been discriminated against in Alaska. He said the
legislation in SB 72 should have been passed a long time ago. He
noted that his background included working in shelters and noted
that people who identify as gay and lesbian typically end up in
shelters more often.
2:42:14 PM
ALYSSA QUINTYNE, representing self, Fairbanks, Alaska, testified
in support of SB 72. She said SB 72 is the long anticipated and
well needed protection for the LGBT community in Alaska.
2:44:18 PM
MARTIN ELDRED, Pastor, Joy Lutheran Church, Eagle River, Alaska,
testified in support of SB 72. He stated that as a faith leader
in his community, he has witnessed the heartbreak of injustice
as good, law abiding, taxpaying Alaskans have been fired from
their jobs after their bosses discovered an employee's sexual
orientation. He added that some people have been unable to
secure housing due to discrimination as well. He pointed out
that same-gender marriage is legal in Alaska, but unfortunately
it is still legal to fire or deny housing to someone for how
they were created and or for whom they love.
2:46:21 PM
BILLY FARWELL, Executive Director, Identity Alaska, Anchorage,
Alaska, testified in support of SB 72. He disclosed that
Identity Alaska's mission is to advance the state's lesbian,
gay, bisexual, transgender, and queer (LGBTQ) community. He said
Identity Alaska envisions a world where all Alaskans can be
their authentic self in their community and still feel safe,
supported, and welcomed. He remarked that much progress has been
made with the LGBTQ community in recent times, but the fear of
discrimination is still very real for many Alaskans today. He
pointed out that LGBTQ people living in Anchorage, Juneau, and
city employees in Bethel have basic, non-discrimination
protections; however, the majority of Alaskan residents still
live in communities without legal protection from discrimination
due to one's sexual orientation or gender identity. He set forth
that discrimination is not an Alaskan value and it is time to
make those values law.
2:48:47 PM
COLLEEN HEANEY-MEAD, advocate, Growing Alaska Leaders,
Anchorage, Alaska, testified in support of SB 72. She said the
hope is in making discrimination against members of the LGBTQ
illegal at the state level, and Alaskans will make it clear that
hate has no home in Alaska.
2:50:54 PM
EMILY KLOC, representing self, Anchorage, Alaska, testified in
support of SB 72. She disclosed that she is a queer citizen
living in Anchorage. She revealed that 20 to 40 percent of
youths who are gay and transgender are homeless; the bill is a
very crucial issue for them in terms of housing, especially when
the LGBT community makes up only seven percent of the total
population. She provided data to the committee regarding trans-
violence in the U.S. She said trans-queer women of color need to
be protected, accepted and embraced by Alaskans.
2:52:40 PM
GENEVIEVE HOLUKI, representing self, Anchorage, Alaska,
testified in support of SB 72. She said she feels very saddened
that somehow "all" has to be defined. She explained that she is
uncomfortable that the Supreme Court somehow seems to feel that
religious rights can override a civil right. She set forth that
civil rights are what built the U.S.
2:53:41 PM
MIKE COONS, representing self, Palmer, Alaska, testified in
opposition of SB 72. He referenced crossdressing and sexual-
identity incidences that occurred with teenaged students in
schools. He revealed that he is retired, but noted that when he
went to work he did not talk about his sexual episodes because
he felt it was not appropriate. He pointed out that "at will"
should be considered regarding employment because he could have
been fired for any reason whatsoever.
2:57:17 PM
CHAIR WILSON announced that additional public testimony could be
given on Wednesday, April 5.
2:57:40 PM
PAIGE POSTIN, representing self, Fairbanks, Alaska, testified in
support of SB 72. She referenced a study by the GLBTQ Legal
Advocates and Defenders (GLAD) that 20 percent of adults age 18
to 34 identify as LGBT, a significant increase from the 12
percent of adults age 35 to 51, or the 7 percent of adults age
52 to 71 who identify as LGBT. She set forth that now is the
time to protect the civil rights of LGBT individuals and act
will not lead to increased sex crimes in anyway.
2:58:41 PM
BROOKS BANKER, Youth Program Manager, Alaska Identity,
Anchorage, Alaska, testified in support of SB 72. He revealed
that he works with LGBTQ-identified youth ages 13 to 19. He
stated that many of the youth who are planning on furthering
their education are not considering Alaska as much because they
don't feel protected. He shared that friends who identify as
LGBTQ have voiced their plans to move their lives to different
states in which they feel more protected.
2:59:52 PM
CHAIR WILSON held SB 72 in committee with public testimony open.