Legislature(2021 - 2022)GRUENBERG 120
03/14/2022 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB17 | |
| State Commission for Human Rights | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 17 | TELECONFERENCED | |
| *+ | HB 331 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 14, 2022
1:34 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Liz Snyder, Vice Chair
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
Representative David Eastman
Representative Christopher Kurka
MEMBERS ABSENT
Representative Sarah Vance
COMMITTEE CALENDAR
HOUSE BILL NO. 17
"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."
- HEARD & HELD
CONFIRMATION HEARING(S):
State Commission for Human Rights
Lonzo Henderson - Anchorage
Mae Marsh-Prax - Fairbanks
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
BILL: HB 17
SHORT TITLE: DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, JUD
05/05/21 (H) STA REFERRAL MOVED TO AFTER JUD
05/05/21 (H) BILL REPRINTED
02/09/22 (H) JUD AT 1:30 PM GRUENBERG 120
02/09/22 (H) Heard & Held
02/09/22 (H) MINUTE(JUD)
03/14/22 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
NOAH WILLIAMS, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 17.
QUEEN PARKER, representing self
Sterling, Alaska
POSITION STATEMENT: Testified in opposition to HB 17.
JESSICA ROZATO, representing self
Denali, Alaska
POSITION STATEMENT: Testified in support of HB 17.
KASEY CASSORT, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
KAREN BAKER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 17.
ELLEN WEISER, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
AMY BENDER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 17.
CRYSTAL BARWICK, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 17.
BRENDA HASTIE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 17.
DAVID CLARK
Gender Justice and Policy Communications Manager
Native Movement
Anchorage, Alaska
STATEMENT: Testified in support of HB 17.
ARLEIGH HITCHCOCK, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
MICHAEL GARVEY, Advocacy Director
American Civil Liberties Union of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 17.
JULIE SMYTH, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
MICHELLE GAVEL, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
PHIL MOSER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 17.
MARY ELIZABETH KEHRHAHN-STARK, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
LIN DAVIS, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 17.
ALYSSA QUINTYNE, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
MIKE COONS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to HB 17.
JAMIE YOU, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 17.
MAUREEN LONGWORTH, MD, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 17.
KATIE BOTZ, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 17.
DICK FARRIS, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
AMY RUSSELL, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 17.
SUSAN MCGLOIN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 17.
LONZO HENDERSON, Appointee
State Commission for Human Rights
Anchorage, Alaska
POSITION STATEMENT: Testified as an appointee to the State
Commission for Human Rights.
MAE MARSH-PRAX, Appointee
State Commission for Human Rights
Juneau, Alaska
POSITION STATEMENT: Testified as an appointee to the State
Commission for Human Rights.
ACTION NARRATIVE
1:34:54 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:34 p.m. Representatives Claman and Snyder
were present at the call to order. Representatives Kreiss-
Tomkins (via teleconference), Eastman, Kurka, and Drummond
arrived as the meeting was in progress.
HB 17-DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
[Contains discussion of SB 140.]
1:35:38 PM
CHAIR CLAMAN announced that the first order of business would be
HOUSE BILL NO. 17, "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."
1:36:06 PM
CHAIR CLAMAN opened public testimony on HB 17.
1:36:35 PM
NOAH WILLIAMS, representing self, testified in support of HB 17.
He stated that, as an emergency contact for queer, trans, and
gender nonconforming friends, he has witnessed the harm of
gender- and sex-based hatred. He stated that these matters
could not be legislated out of existence; moreover, making this
discrimination illegal would have positive financial influences.
He expressed the opinion that the passage of HB 17 would
indicate the support and declaration that this hatred is
unacceptable, and these views are not the majority opinion.
Furthermore, he indicated that the passage of SB 140 would
"crush" the lesbian, gay, bisexual, transsexual, and queer
(LGBTQ) community. He expressed support for adding the
recognition of gender identity as its own provision. He stated
that much case law relies on a reversal precedent which would
couple sex and gender, and he argued that gender is a social
construct.
1:38:35 PM
QUEEN PARKER, representing self, testified in opposition to HB
17. She expressed the opinion that the passage of HB 17 would
punish businesses and individuals. She expressed her opinion
concerning what God has intended.
1:39:48 PM
JESSICA ROZATO, representing self, testified in support of HB
17. She spoke of her experience as part of the LGBTQ community,
stating that she receives support from her friends and family.
She thanked the sponsor for creating an opportunity for
protections for the LGBTQ community, as the human rights
protections for the community are under constant challenges.
She expressed the opinion that Alaska, as a state, values
privacy more than any other state, and she urged the passage of
HB 17.
1:41:16 PM
KASEY CASSORT, representing self, testified in support of HB 17.
She stated that she had become aware of similar proposed
legislation while in high school, and she had studied that
bill's language to learn about protections. She described how
she became aware of the need for protection against
discrimination, related to housing, employment, banking, and
public services. It has been nearly a decade since the previous
bill, and she suggested that it is time for HB 17 to pass. She
expressed frustration that members of the LGBTQ community have
testified to the legislature regarding terrifying experiences of
discrimination, with no legislation being passed to prevent
this. She conveyed her experiences of being a joyful member of
the LGBTQ community and of participating in many events.
1:43:23 PM
KAREN BAKER, representing self, testified in support of HB 17.
She stated that Alaska is in dire need of statewide protections
for the LGBTQ community. She stated that only a few communities
have anti-discrimination laws related to gender identity or
sexual orientation, and currently it could be permissible for an
individual to be evicted from housing or fired from a job based
on the person's sexual orientation. She shared her experience
of working to pass the anti-discrimination ordinance in
Fairbanks, where a vocal minority had given abusive testimony,
accusing the LGBTQ community of horrendous acts. By speaking in
favor of this ordinance prior to its passage, she stated that
members of the LGBTQ community put themselves at risk of loss of
employment or housing. She noted that the former mayor of
Fairbanks had vetoed the ordinance a few days following its
passage. She maintained that these protections should exist for
all Alaskans and not be subject to the changes in
administrations. She stated that [SB 140] has been introduced
in the other body as an anti-transgender bill, and over 100
people have contacted the legislature in opposition. She
expressed her frustration that previously proposed, similar
legislation had not passed.
1:45:40 PM
ELLEN WEISER, representing self, testified in support of HB 17.
She shared that she had been a teacher for many years, and she
is not a member of the LGBTQ community; however, she stated that
she has observed the negative impacts of discrimination of
members of the community, as well as those who discriminate.
She expressed the fear that young people are growing up in
communities where these debates must occur. She suggested that
the children affected may become public officials in the future
and expressed the opinion that discrimination in any form is
dangerous for all involved. She urged the passage of HB 17.
1:47:28 PM
AMY BENDER, representing self, testified in support of HB 17.
She stated that HB 17 would address equality and personal
liberty. She suggested that all people should be able to live
without fear, regardless of sexual orientation or identity. She
cited that nearly two thirds of LGBTQ Americans have been the
victim of discrimination. She noted that during her experience
as a nurse practitioner, she worked daily with clients who
identify as LGBTQ, and she expressed anger at the reports of
discrimination. She argued that all citizens should be
permitted to have a home and employment without the fear of
discrimination. She urged the passage of HB 17.
1:48:40 PM
CRYSTAL BARWICK, representing self, testified in support of HB
17. She echoed previous testimony and expressed her belief that
identity politics could be used to discriminate against others.
She expressed her gratitude to the sponsors and other supporters
of the bill.
1:49:50 PM
BRENDA HASTIE, representing self, testified in opposition to HB
17. She asked the committee to consider the Bible and expressed
the belief that passing the bill would result in destruction.
She expressed her belief that biological women would be
protected, should the bill not pass.
1:51:34 PM
DAVID CLARK, Gender Justice and Policy Communications Manager,
Native Movement, testified in support of HB 17. He urged strong
action on the bill to provide justice to LGBTQ Alaskans in
employment and housing. He noted that only four communities in
Alaska had codified nondiscrimination policies to protect LGBTQ
and two-spirit individuals. He stated that individuals deserve
protections in law, and that the law should not protect
perpetrators of discrimination based on personal and religious
claims. He urged the passage of HB 17.
1:52:50 PM
ARLEIGH HITCHCOCK, representing self, testified in support of HB
17. She noted that attacks have occurred against LGBTQ
individuals across the country and within Alaska. She stated
that the passage of HB 17 was necessary considering the proposed
[SB] 140. She shared experiences of discrimination as an openly
trans person and of joy as a member of the LGBTQ community. She
urged support for the passage of HB 17.
1:54:15 PM
MICHAEL GARVEY, Advocacy Director, American Civil Liberties
Union of Alaska, testified in support of HB 17. He
characterized the bill as critical legislation to protect
members of the LGBTQ community from discrimination. He noted
that some communities in Alaska had enacted local
nondiscrimination ordinances and those outside of those
communities deserve the same protections. He stated that
explicit statutory protections from tangible harms are necessary
pertaining to sexual orientation and gender identity or
expression. He noted that HB 17 would establish these
protections in the areas of housing, employment, banking, and
public accommodations. He offered that a 2015 survey of trans
people in Alaska revealed high percentages of respondents
reporting instances of denials of employment or job loss,
housing denials or evictions, denials of services from
businesses open to the public, harassment, and assault. He
offered that this type of discrimination would be antithetical
to the fair and free place Alaska strives to be. He stated that
the LGBTQ community wants access to housing, economic stability,
and the ability to care for their families.
1:56:44 PM
JULIE SMYTH, representing self, testified in support of HB 17.
She stated that her Inupiaq language and culture has no pronouns
and three genders. She noted that many types of relationships
have existed throughout Inupiaq history, and this is not unique
to the Inupiaq culture. She expressed the support of the
separation of church and state and offered that there exists no
reason to not pass the bill, other than religious [arguments].
She shared her experience in the workplace of observing managers
who concealed the identity of trans workers in order to protect
them from termination, and she has observed individuals who lost
jobs because of involvement in the LGBTQ community. She stated
that HB 17 would support Indigenous communities throughout
Alaska.
1:58:22 PM
MICHELLE GAVEL, representing self, testified in support of HB
17. She expressed support for friends and family members who
are members of the LGBTQ community. She shared her observation
of harm which resulted from legislation pertaining to
discrimination. She asked fellow testifiers who offer comments
regarding religion to be mindful of the edict to "love thy
neighbor." She urged the passage of HB 17.
2:00:04 PM
PHIL MOSER, representing self, testified in support of HB 17.
He stated that the need for the passage of HB 17 exists to
protect neighbors and community members. He described the
"lavender scare" and that singling out individuals for their
existence in the LGBTQ community is akin to the "red scare." He
requested that the committee consider that, when the Nazi Party
came into power, its first action was to ban books on gender-
affirming health care to trans people.
2:02:28 PM
MARY ELIZABETH KEHRHAHN-STARK, representing self, testified in
support of HB 17. She urged the committee's support of the
bill, as it would provide statewide protection for
nondiscrimination against members of the LGBTQ community. She
suggested that views of those who are anti-LGBTQ are antiquated
and unaccepting simply because of differences in lifestyle. She
stated that the U. S. Supreme Court decision in the case of
Bostock v. Clayton County, 590 U.S. 644 (2020), had prompted the
Alaska Human Rights Commission to include sexual orientation and
gender identity in the definition of sex. She pointed out that
broad demographics exist, which include race, ethnic origin,
sexual orientation, religion, and other groups throughout the
world.
2:04:31 PM
LIN DAVIS, representing self, testified in support of HB 17.
She shared her experience in advocating for LGBTQ human rights
for over 30 years and noted she has testified to the legislature
in support of previous, similar legislation for more than 10
years. She expressed the opinion that those in opposition to
this and similar bills have done so with hostility, adding that
the passage of SB 140 would cause harm to Alaskans. She shared
an anecdote in which same-sex military families in Alaska have
been denied permanent fund dividends. She urged the passage of
HB 17.
2:06:58 PM
ALYSSA QUINTYNE, representing self, testified in support of HB
17. She suggested that the legislature has failed over the
course of more than 63 years to protect its LGBTQ constituents.
She stated that the core purpose of the proposed bill would be
to ensure that constituents have access to resources, services,
and opportunities which are necessary to survive. She conveyed
that members of the LGBTQ community have been fired, attacked,
evicted, denied medical services, and denied education. She
expressed the opinion that this is all because of the discomfort
of others, and the failure to pass HB 17 would be tantamount to
protecting these individuals' perspectives. She expressed anger
at the legislature's failure to act to protect members of the
LGBTQ community.
2:09:31 PM
MIKE COONS, representing self, testified in opposition to HB 17
and expressed support for SB 140. He referred to the state
constitution, which provides that all persons have the right to
life, liberty, and the pursuit of happiness, and people should
not be denied the enjoyment of any civil or political right
because of race, color, creed, or status of national origin. He
pointed out that sexual orientation and gender identity or
expression has been added to the constitution and expressed the
opinion that this be amended.
2:12:03 PM
JAMIE YOU, representing self, testified in support of HB 17. He
shared his status as a transgender man and expressed joy for his
experience of social acceptance and support. He noted that
there exists federal legislation pending which would expand
constitutional protections to include gender identity and sexual
orientation. He urged the passage of HB 17.
2:14:08 PM
MAUREEN LONGWORTH, MD, representing self, testified in support
of HB 17. She stated that she has been a physician in Alaska
for more than 30 years, with her opinions informed by medical
training and education. She pointed out that she studied the
ambiguity of gender while in medical school. She described
advising parents of children with ambiguous gender and how to
proceed. She continued that advancement in the arena of studies
pertaining to gender have been made, and the American Medical
Association (AMA) has extensive information available on its
website pertaining to discrimination and feelings of inequality,
which contribute to the increased abuse, [poor] mental health,
drug abuse, and suicide among LGBTQ community members. She
stated that AMA has expressed support for the equal rights,
privileges, and freedoms of all individuals, and it has
expressed opposition to discrimination based on sex, sexual
orientation, gender identity, disability, ethnic origin,
national origin, or age.
2:16:49 PM
KATIE BOTZ, representing self, testified in opposition to HB 17.
She expressed strong opposition to the bill. She stated that
previous testifiers had raised religion in their testimony and
offered that one is either a man or a woman. She expressed the
opinion that passage of HB 17 would allow individuals to enter
bathrooms, or other areas, and sexually assault other people.
2:18:33 PM
DICK FARRIS, representing self, testified in support of HB 17.
He characterized the bill as positive, while those who
discriminate or have discriminatory thoughts are negative.
2:19:09 PM
AMY RUSSELL, representing self, testified in support of HB 17
and against discrimination, which affects the civil rights and
protections for those with different sexual orientations. She
urged the committee to support the bill.
2:20:31 PM
SUSAN MCGLOIN, representing self, testified in support of HB 17.
She stated that she is a registered nurse and has worked in many
locations in Alaska for over 40 years. She stated that she has
cared for individuals who have been brutally attacked because of
their sexual choices. She emphasized that real harm exists.
She urged the passage of HB 17.
2:22:49 PM
CHAIR CLAMAN, after ascertaining there was no one else who
wished to testify, closed public testimony on HB 17.
CHAIR CLAMAN announced that HB 17 was held over.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^State Commission for Human Rights
State Commission for Human Rights
2:23:09 PM
CHAIR CLAMAN announced that the final order of business would be
the confirmation hearings for consideration of the governor's
appointees to the State Commission for Human Rights.
2:23:25 PM
CHAIR CLAMAN opened public testimony on the confirmation
hearings.
2:23:56 PM
LONZO HENDERSON, Appointee, State Commission for Human Rights,
testified as an appointee on the State Commission on Human
Rights. He shared that he had been an Alaskan for over 50 years
with his family. He shared that he began his career with the
Department of Corrections as a probation and parole officer and
concluded his career as director. He stated that in 2008, he
had been appointed to the Alaska Board of Parole. He expressed
his belief that all citizens have a right to be treated fairly.
He stated that some values can distort a person's point of view,
which can affect business operational policy and procedures. He
stated that his experience and education would be an asset to
the board. In response to a question from the committee, he
stated that he is not a current member of the commission.
2:26:13 PM
REPRESENTATIVE EASTMAN referred to Mr. Henderson's resume
[included in the committee packet] and asked him to expound on
his status as an instructor in regard to the Alaska Police
Standard Council.
MR. HENDERSON, in regard to capsaicin training, clarified that
he was an instructor to certify probation and parole officers on
the field use of pepper spray.
2:27:42 PM
MAE MARSH-PRAX, Appointee, State Commission for Human Rights,
testified as an appointee to the State Commission for Human
Rights. She offered biographical information, describing her
family as a blending of races, cultures, ethnicities, and
abilities. She stated that she had observed the civil rights
movement unfold in the media and in her local community as it
occurred. She shared that she is a retired civil rights
practitioner, working at Fort Wainwright as an analyst and
subsequently as an officer for the U.S. Equal Employment
Opportunity Commission. She has worked in conflict resolution
in an international arena, and her career concluded as the
Deputy Director of Equal Employment Opportunity for the Defense
Contract Management Agency. She noted that she had relocated to
Alaska and served as the Director of Diversity and Opportunity
at the University of Alaska Fairbanks, overseeing civil rights
investigations and compliance. She stated that her education
and experience would be of benefit to the commission.
2:31:34 PM
REPRESENTATIVE EASTMAN referred to Ms. Marx-Prax's resume
[included in the committee packet] and asked her to expound on
her affiliation with the Southern Poverty Law Center.
MS. MARSH-PRAX answered that she had been recognized by the
Southern Poverty Law Center for her work in Alaska in an
accredited class on race and healing. She described the class
as finding ways to bring diverse people together and end
divisions.
REPRESENTATIVE EASTMAN, in reference to her work with the U.S.
Department of Defense, stated that restrictions exist, such as
those imposed by the Hatch Act. He asked, if confirmed, whether
she anticipated any limitations in her ability to express her
personal opinions.
MS. MARSH-PRAX clarified that she had been employed as a
civilian and had not been subject to such restrictions. She
stated that she did not anticipate any problems in her ability
to express her opinions, if confirmed to the commission.
2:33:42 PM
CHAIR CLAMAN, after ascertaining there was no one else who
wished to testify, closed public testimony on the confirmation
hearings for the governor's appointees to the State Commission
for Human Rights.
2:34:18 PM
REPRESENTATIVE EASTMAN expressed personal sensitivity to how
applicants would serve, once confirmed. He stated that there
had been a former commissioner who had been fired for speaking
her opinion. He expressed his hope that appointees may freely
express opinions.
2:35:31 PM
REPRESENTATIVE SNYDER stated that the House Judiciary Standing
Committee has reviewed the qualifications of the governor's
appointees and recommends that the following names be forwarded
to the joint session for consideration: Lonzo Henderson and Mae
Marsh-Prax for the State Commission for Human Rights. She said
this does not reflect the intent of any of the members to vote
for or against these individuals during any further session for
the purposes of confirmation.
CHAIR CLAMAN stated that the names of Lonzo Henderson and Mae
Marsh-Prax, appointees for the State Commission for Human
Rights, would be forwarded to the joint session.
2:36:11 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:36 p.m.