SENATE AB 70 October 29, 1981 January 28, 1982 RECORD OF COMMITTEE PROCEEDINGS (Reps. Clarenbach, Leopold, Coggs, Ulichny, and Becker) AN act...relating to prohibiting discrimination based upon sexual orientation. Read and referred to Committee on Taxation, State, and Local Affairs Public hearing held Present: Senators Berger, Hanaway, Lasee, Moody, and Van Sistine Absent: Senator Adelman Appearances for the bill David Clarenbach, 78th Assem. Dist, Madison Sister Mary Stephen, Episcopal Dioc., Milw Rev. H. Myron Talcott, United Methodist, Fort Atkinson Sister Naomi Schoen, Sisters Council, Milw. Rev. Robert Young Jr., Lutheran Church, White- fish Bay Mary Ann Neevel, United Church of Christ, Milw Dr. Milo Durst, WCLU, Shorewood Alyn Hess, for Himself, Milwaukee Tom Zander, Wisc. Civil Liberties, Milwaukee Appearances against the bill Max Andrews, Moral Majority, Madison William Lincln, Calvary Baptist, Watertown Valeria Sternberg, herself, Wausau J. Mark Holland, RR 6 Box 27, Watertown Dom Gordon, himslef, Rothschild David Holloweed, himself, Watertown Ben Sternberg, himself, Wausau B.M. Cedarholm, himself, Watertown Registrations for the bill Terrence Gilles, himself, Madison Ken Opin, Wisc. Fed of Teachers, Madison Donna Utke, herself, Milwaukee Buane Kolterman, himself, Madison Dan Curd, himself, Madison Dick Wagner, himself, Madison Roger Durand, himself, Milwaukee Bruce Voss, Wisc. Conf. of Churches, Madison Mary Lelle, National Gay Task Force, Wouth way Paul DeMarco, himself, Milwaukee Betty Haughn, herself, Madison William Meunier, Milwaukee, himself Leon Rouse, Fund. Judeo-Christian Human Rights, Milwaukee Ralph Navarro, Cream City Bus. Assoc., Milw. Barb Lightner, United, Madison Registrations against the bill Carol Krake, herself, Rothschild --- February 9, 1982 Robert Burckart, himself, Watertown Scott Lautenbach, himself, Elkhart Lake Ed Richardson, himself, Watertown Amy Miller, herself, Watertown Kim Pierson, herself, Watertown Caron Gjefle, herself, Ontarioo Robert Loggans, Maratha Baptist Bilbe, Watertown Michael Bartlett, himself, Ellsworth Executive Session Present: Senators Adelman, Berger, Hanaway, Lasee, Moody, and VanSistine Absent: none Moved by Senator Berger, and seconded by Senator Adelman that the amendment LRB 2850/1 be recommended for intro. and adoption. Ayes: (5) Senators Adelman, Berger, Hanaway, Lasee, and Moody Noes: (1) Senator Van Sistine Absent (0) None Intro./Adopt.: Ayes 5, Noes 1, Absent 0 Moved by Senator Berger, seconded by Sen- ator Adelman that the bill be recommended for concurrence as amended. Ayes: (4) Senators Adelman, Berger, Hanaway, and Moody Noes: (2) Senators Lasee, and Van Sistin Absent: (0) None Concurrence as amended: Ayes 4, Noes 2, Bell Fitly Absent O COMMITTEE CLERK --- Veenah Bond David E. Clarenbach, State Representative 422 North State Capitol Madison, Wisconsin 53702 608-266-8570 ASSEMBLY BILL 70 Chairperson: Committee on Government Operations Member: Committee on Agriculture and Nutrition Committee on Labor Legislative Council Assembly Bill 70 would extend the state's prohibition on discrimination in employment, housing and public accomodations because of political or religious opinion or affiliation, age, sex, handicap, race, color, national origin and ancestry to include sexual orientation. The question this proposal raises is: Why should any person be denied a job, a home, or the use of a public place because he or she is a homosexual? All over the country, state legislatures and municipal governments are elimi- nating archaic laws that permit discrimination against gay men and lesbians. The city of Madison, Dane County and most recently, Milwaukee, have added sexual orientation to their discrimination bans. The state of Wisconsin should act likewise and extend this protection to all of its citizens. Some of the groups that support this move for gay civil rights are: the American Bar Association, the American Psychiatric Association, the American Medical Association, American Association for the Advancement of Science, the American Public Health Association, American Psychological Association, American Federation of Teachers and National Education Association, the National Association of Social Workers, the National Council of Churches, the American Jewish Commitee and the National Federation of Priests Council. --- -2- In Wisconsin, AB 70 is supported by the Catholic Archdiocese of Milwaukee, the American Lutheran Church, the United Methodist Church, the Lutheran Church of America, the Episcopal Dioceses of Milwaukee and Eau Claire, the Milwaukee and Winnebago Presbyteries of the Presbyterian Church, the United Church of Christ, the American Baptist Church and others, some of whom are represented at this hearing today. AB 70 has also been endorsed by the Governor's Council on Women and Family Initiatives. Let's look at the arguments against this frankly: Those who would deny homosexuals equal protection under the law promote fears that homosexuals may try to convert the young in our classrooms; molest other citizens; disrupt the peace and stability of neighborhood or office, or even threaten the foundations of American family life. ate These fears seem excessive and irrational. There are, after all, laws, regulations and rules that cover misconduct by all persons, homosexual or hetrosexual - sanctions to deal with molesters; with teachers who preach for the concerns of landlords - ways to cope sexual views when they should teach; with tenants who are noisy and disruptive; with employes who let their private lifestyles interfere with their work. And for society that regards marriage and family as a cornerstone, there is no valid evidence that homosexuality is contagious. As long as someone does not impose their sexual orientation on others, he or she should be guaranteed the basic human right to live without harassment or discrimination. any Unfortunately, in a society that has historically been dominated by white, is a tendancy towards. anglo-saxon males, there has been an exceeding intolerance of deviation of any minority. kind. The point is not whether homosexuality is admirable; the issue is whether discrimination is tolerable. --- -3- The effects of discrimination based on sexual orientation are just as damaging as those based on race, color or sex. And the need for legal pro- tection against discrimination is just as real. Last year, Dean Wycoff speak- ing for the Moral Majority in California, said that he believed murder, homo- sexuality and other unspecified sins merit capital punishment. Just two weeks ago, Austin, Texas voted on a referendum that if approved would have allowed legal diser imination against homosexuals. Fortunately, that attempt was over whelmingly rejected. The state of Wisconsin needs to grant homosexuals, as we have other of m minorities, that extra protection to realize basic rights that most take for granted. --David Clarenbach State Representative (AB 70 passed 10/23/81 49-45, 2 paired) --- State of Wisconsin Lee Sherman Dreyfus Governor October 26, 1981 DEPARTMENT OF EMPLOYMENT RELATIONS 149 East Wilson Street Madison, WI 53702 Hugh C. Henderson Secretary Representative David Clarenbach Wisconsin State Assembly Room 422 North State Capitol Building Dear Representative Clarenbach: Thank you for your inquiry of this date regarding the effect of the passage of Assembly Bill 70 on the State of Wisconsin's Affirmative Action Program. The Department of Employment Relations (DER) is responsible under Chapter 230 of the statutes for carrying out the State's equal employment opportunity mandate and, through affirmative action, correcting the imbalances in the workforces of the State agencies and educational institutions and eliminating the present effects of past discrimination. The State Affirmative Action Office is responsible under Chapter 230 for advising and assisting the Secretary of DER, the Administrator of the State Division of Personnel, and agency heads on equal employment opportunity and affirmative action. I have reviewed AB-70 as passed by the Assembly, particularly Sections 22 and 23 which amend Chapter 230. While these Sections require the State as an employer to provide equal employment opportunity without regard to sexual orientation, they do not authorize the State to take affirmative action on the basis of sexual orientation. Should you have any further questions in regards to the State's Equal Employment Opportunity or Affirmative Action Programs, please feel to contact this Office again. Sincerely, Chasma Claudean Roehmann Director SCM: scm cc: Dana Warren AN EQUAL OPPORTUNITY EMPLOYER ---