1981 Assembly Bill 70 STATE OF WISCONSIN Date published*: March 2, 1982 2 CHAPTER 112 , LAWS OF 1981 ( C AN ACT to amend 15.04 (1) (g), 16.765 (1) and (2) (a), 21.35, 66.39 (13), 66.395 (2m), 66.40 (2m), 66.405 (2m), 66.43 (2m), 66.431 (3) (e) 2, 66.432 (1) and (2), 66.433 (3) (a) and (c) 1. band (9), 101.22 (1), (1m) (b), (2m) and (4n), 101.221 (1), 111.31 (1) to (3), 111.32 (5) (a), 111.70 (2), 111.81 (9) (b), 111.85 (1), 227.033 (1), 230.01 (2), 230.18, 234.29 and 942.04 (1) (a) to (c) and (3); and to create 111.32 (4s) and (5) (i) of the statutes, relating to prohibiting discrimination based upon sexual orientation. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 15.04 (1) (g) of the statutes is amended to read: 15.04 (1) (g) Discrimination review. In order to determine whether there is any arbitrary discrimination on the basis of race, religion, national origin, sex er, marital status or sexual orientation as defined in s. 111.32 (4s), examine and assess the statutes under which the head has powers or regulatory responsibilities, the procedures by which those statutes are administered and the rules promulgated under those statutes. If the department or agency head finds any such discrimination, he or she shall take remedial action, including making recommendations to the appropriate executive, legislative or administrative authority. SECTION 2. 16.765 (1) and (2) (a) of the statutes are amended to read: 16.765 (1) Contracting agencies of the state shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (4s) or national origin, and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities. (2) (a) In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. SECTION 3. 21.35 of the statutes is amended to read: 21.35 Federal laws and regulations; no discrimination. The organization, armament, equipment and discipline of the Wisconsin national guard shall be that prescribed by federal laws or regulations; and the governor may by order perfect such organization, armament, equipment and discipline, at any time, so as to comply with such laws and regulations insofar as they are consistent with the Wisconsin code of military justice. Notwithstanding any rule or regulation prescribed by the federal government or any officer or department thereof, no person, otherwise qualified, shall may be denied membership in the Wisconsin national guard because of sex, color, race of, creed or sexual orientation and no member of the Wisconsin national guard shall may be segregated within the Wisconsin national guard on the basis of sex, color, race or, creed or sexual orientation. Nothing in this section shall prohibit prohibits Section 990.05, 1979 WISCONSIN STATUTES: Laws and acts; time of going into force. "Every law or act which does not expressly prescribe the time when it takes effect shall take effect on the day after its publication." --- -2- 1981 Assembly Bill 70 separate facilities for persons of different sexes with regard to dormitory accommodations, public toilets, showers, saunas and dressing rooms. SECTION 4. 66.39 (13) of the statutes is amended to read: 66.39 (13) TENANT SELECTION, DISCRIMINATION. All tenants selected for veterans' housing projects shall be honorably discharged veterans of wars of the United States of America. Selection between veterans shall be made in accordance with rules and regulations promulgated and adopted by the department of veterans affairs which regulation said department is authorized to make and from time to time change as it deems proper. Such rules and regulations, however, shall give veterans of World War II preference over veterans of all other wars. Notwithstanding such rules and regulations or any law to the contrary a veteran shall not be entitled to or be granted any benefits under ss. 66.39 to 66.404 from a housing authority unless such veteran was at the time of induction into military service a resident of the state. Veterans otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 5. 66.395 (2m) of the statutes is amended to read: 66.395 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 6. 66.40 (2m) of the statutes is amended to read: 66.40 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility or privilege under ss. 66.40 to 66.404 shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 7. 66.405 (2m) of the statutes is amended to read: 66.405 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility or privilege under ss. 66.405 to 66.425 shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 8. 66.43 (2m) of the statutes is amended to read: 66.43 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 9. 66.431 (3) (e) 2 of the statutes is amended to read: 66.431 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied such right, benefit, facility or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin. SECTION 10. 66.432 (1) and (2) of the statutes are amended to read: 66.432 (1) DECLARATION OF POLICY. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (4s), religion, national origin or ancestry is a matter both of statewide concern under s. 101.22 and also of local interest under this section and s. 66.433. The enactment of s. 101.22 by the legislature shall not preempt the subject matter of equal opportunities in housing from consideration by local governments, and shall not exempt cities, villages, towns and counties from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of sex, race, color, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation, religion, national origin or ancestry. (2) ANTIDISCRIMINATION HOUSING ORDINANCES. Cities, villages and towns may enact ordinances prohibiting discrimination in the sale or rental of any type of housing within their respective boundaries solely on the basis of sex, race, color, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation, religion, national origin or ancestry. Such an ordinance may be similar to s. 101.22 or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions, but any such ordinance establishing a forfeiture as a penalty for violation shall not be less than the statutory forfeitures under s. 101.22. Counties may enact such ordinances under ss. 59.07 (11) and 66.433. SECTION 11. 66.433 (3) (a) and (c) 1. b and (9) of the statutes are amended to read: C E --- Assembly Bill 70 relating to prohibiting discrimination based upon sexual orientation. SCOPE OF AB 70: In the statutes, where discrimination is prohibited because of race, religion, national origin, sex, marital status, age, physical condition, or developmental disability; "sexual orientation" is added. Thus, protection from discrimination because of sexual preference is afforded individuals in the areas of employment (both in the public and private sectors), housing, and public accomoda- tions. Discrimination is also prohibited by state contractors, the state national guard, and in the promulgation of administrative rules by agencies. WHAT AB 70 DOES NOT DO: This bill does not decriminalize any sexual acts. WHY SHOULD AB 70 BE ENACTED? The right of private sexual preference among adults should be considered inherent. And as long as someone does not impose that pref- erence on others, he or she should be guaranteed the basic human right to live without harassment or discrimination. The point is not whether homosexuality is admirable, but whether discrimination is tolerable. NO PERSON SHOULD BE DENIED A JOB, A HOME, OR THE USE OF A PUBLIC PLACE BECAUSE HE OR SHE IS A HOMOSEXUAL. The effects of discrimination based upon sexual orientation are just as damaging as those based upon race, color, or sex. And the same need that existed for granting legal protections against discrimination to other minorities, exists for gay people in Wisconsin today. The 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 are excessive and irrational. There are, after all, laws, regulations, and rules that cover misconduct by all persons, homosexual or heterosexual - sanctions to deal with molesters%3B with teachers who preach sexual views when they should teach%; with tenants who are noisy and disrup- tive; 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. WISCONSIN MUNICIPAL ANTI-DISCRIMINATION ORDINANCES: City of Madison, March, 1975 City of Milwaukee, July, 1980 Dane County, August, 1980 WISCONSIN SUPPORT FOR GAY CIVIL RIGHTS: Committee for Fundamental Judeo-Christian Human Rights Archdiocese of Milwaukee The American Lutheran Church, Southern and Northern Districts The United Methodist Church, Wisconsin Area Lutheran Church of America, Wisconsin and Upper Michigan Episcopal Diocese of Milwaukee Episcopal Diocese of Eau Claire The Presbytery of Milwaukee; and Winnebago Presbytery United Church of Christ, Wisconsin Conference American Baptist Church, Wisconsin State Baptist Convention Southeast Wisconsin Unitarian Universalist Councils NATIONAL ORGANIZATIONS WHO SUPPORT GAY CIVIL RIGHTS: American Bar Association American Psychiatric Association American Medical Association --- Assembly Bill 70 (Continued) American Association for the Advancement of Science American Public Health Association American Psychological Association American Anthropological Association American Federation of Teachers National Education Association National Council of Churches of Christ United Church of Christ National Federation of Priests' Councils Unitarian Universalist Association National Association of Social Workers SOME MAJOR CORPORATIONS who have written policies that prohibit discrimination because of sexual orientation-- American Telephone and Telegraph Company International Business Machines Corporation American Motors Corporation The Proctor and Gamble Company McDonald's Corporation Boise-Cascade Corporation Honeywell, Inc. Bank of America.. Eastern Airlines Citicorp Kimberly-Clark Corporation Columbia Broadcasting Systems, Inc. Oscar Mayer & Company Jos. Schlitz Brewing Company Scott Paper Company STATEMENTS OF SUPPORT FOR AB 70: "...homosexuals MOST REVEREND REMBERT G. WEAKLAND, ARCHBISHOP OF MILWAUKEE: should not be deprived of their basic human rights. For this reason I feel that support of this bill (AB 70) would be indeed proper and consistent with previous positions that the Church has taken." REVEREND BISHOP MARJORIE S. MATTHEWS, THE UNITED METHODIST CHURCH, WISCONSIN AREA: "...I personally support the proposed legislation (AB 70), and urge its consideration by the members of the Wisconsin State Legislature." REVEREND BISHOP ROBERT S. WILCH, LUTHERAN CHURCH OF AMERICA IN WISCONSIN AND UPPER MICHIGAN: "It is my sincere hope that the legislature will support AB 70 so that sexual orientation is not permitted to be a reason for discrimination of any kind." RIGHT REVEREND CHARLES T. GASKELL, EPISCOPAL BISHOP OF MILWAUKEE: "Please know that this bill (AB 70) has the fullest support, both of the Bishop of the Diocese and of its constituency." REVEREND RALPH. P. LEY, PRESIDENT, WISCONSIN CONFERENCE OF THE UNITED CHURCH OF CHRIST: "The United Church of Christ support the spirit of Assembly Bill 70... and urges the enactment of legislation that provides civil liberty and equal protection under the law for all citizens of Wisconsin." Cities, Counties, and States which have added "sexual orientation" to their bans on discrimination follow. --- MUNICIPALITY GAY RIGHTS IN THE UNITED STATES AND CANADA Updated 2/81 X YEAR(S) ENACTED XXXX X PUBLIC EMPLOYMENT PUBLIC ACCOMODATIONS EMPLOYMENT HOUSING ALFRED, N.Y AMHERST, MA. 5/74 5/76 XX ANN ARBOR, MI. 7/72 ASPEN, CO. 11/77 ATLANTA, GA. (E.O.) 7/71 AUSTIN, TX. 7/75 BERKELEY, CA. 10/78 XXXX BLOOMINGTON, IN. 12/75 BOSTON, MA. (E.O.) 4/76 x CHAMPAIGN, IL. 7/77 X X CHAPEL HILL. N.C. 9/75 X COLUMBUS, OH. 1/79 X CUPERTINO, CA. 2/75 DETROIT, MI. 1/79 EAST LANSING, MI. 5/73 EVANSTON, IL. 8/80 HARTFORD, CT. 4/79 XXXXX xx XX X IOWA CITY, IA. 5/77 XX ITHACA, N.Y. 9/74 x -LOS ANGELES, CA. 5/77 MADISON, WI. 3/75 MARSHALL. MN. 4/75 XXX X X MILWAUKEE, WI. 7/80 MINNEAPOLIS, MN. 4/74 xx ✗ X MOUNTAINVIEW, CA. 3/75 X NEW YORK, N.Y. (E.O.) 1/78 X OTTAWA, ONT. 4/76 X PALO ALTO, CA. 8/74 PHILADELPHIA, PA. 10/80 PORTLAND, OR. 12/74 X PULLMAN, WA. 4/76 X SAN FRANCISCO, CA. 7/78 SANTA BARBARA, CA. 8/75 SEATTLE, WA. 10/75 X TORONTO, ONT. 10/73 X TROY, N.Y. 1/79 TUCSON, AZ. 1/77 X URBANA, IL. 4/79 WASHINGTON, D.C. 11/73 XXX WINDSOR, ONT. 3/77 X YELLOW SPRINGS, OH 7/75 COUNTY CLALLAM COUNTY, WA. 11/76 X DANE COUNTY, WI. HENNEPIN COUNTY, MN. 8/80 X 11/75 X HOWARD COUNTY, MD. 11/75 INGHAM COUNTY, MI. 6/78 MINNEHAHA COUNTY, S.D. 5/79 SAN MATEO COUNTY, CA. 2/75 X SANTA CRUZ COUNTY, CA. 7/75 STATE OR PROVINCE CALIFORNIA (E.O.) PENNSYLVANIA (E.O.)1 QUEBEC 4/79 X 4/76 X 12/75 X X X 1 Covers State agencies and/or any agency under contract with the state. STATES WITH NO RESTRICTIONS ON ADULT CONSENSUAL SEX ACTS: ALASKA, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, INDIANA, IOWA, MAINE, MASSACHUSETTS, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH DAKOTA, OHIO, OREGON, PENNSYLVANIA, SOUTH DAKOTA, VERMONT, WASHINGTON, WEST VIRGINIA, WYOMING xx EDUCATION REAL ESTATE PRACTICE CREDIT ACTICES UNION PRACTICES AFFIRMATIVE ACTION PROGRAM X X X --- Lee Sherman Dreyfus Governor TO: FROM: DATE: RE: Representative David Clarenbach Governor's Advisory Council for Women and Family Initiatives September 8, 1981 AB 70 The Governor's Advisory Council for Women and Family Initiatives reviewed AB 70 pertaining to prohibiting discrimination based on sexual orientation and voted to support the legislation. There was one dissenting vote. The Council is committed to supporting legislation that prohibits obstacles to free choices in employment, educational opportunities and housing. We are supportive of the right for individuals to make free choices while assuming all accompanying responsibilities. There are many examples of individuals who have enjoyed non-discrimination in housing, employment and education who, in fact, are homosexual. They have often enjoyed these choices without discrimination or harassment because their sexual orientation was unknown. They have led exemplary lives in most cases and where they have not, they have been held responsible for their behavior as have other members of the human family. Since honesty is a cherished value of our society it follows that individuals should be able to honestly pursue their goals as contributing members of society without fear and anxiety regardless of their sexual orientation. State of Wisconsin State Canitol PO Pov 7962 MI --- ARCHDIOCESE OF MILWAUKEE 346 NORTH NINETY FIFTH STREET P.O. BOX 2018 MILWAUKEE, WISCONSIN 53201 PHONE 414/476 2101 OFFICE OF THE ARCHBISHOP March 2, 1981 The Reverend John Murtaugh Office for Human Concerns 731 West: Washington Street Milwaukee, Wisconsin 53204 Dear Jack, It has recently been called to my attention that your office has been seeking my opinion concerning Assembly Bill #70 that is now being studied in the State Legislature. I feel that your commission can in good conscience sup- port this legislation insofar as it bans discrimination be- cause of sexual orientation in the areas of employment, housing, and public accommodations. You will recall that the National Conference of Catholic Bishops spoke to this issue in 1976. There has been no change in the Catholic position concerning homosexual activity, which has always been considered as morally wrong; on the other hand, it has also been consistent with Catholic teaching that homo- sexuals should not be deprived of their basic human rights. For this reason I feel that support of this Bill would be indeed proper and consistent with previous positions that the Church has taken. Many thanks for your constant concern for so many delicate issues. Sincerely yours in the Lord, + Re G. Wacklala صل Most Reverend Rembert G. Weakland, O.S.B. Archbishop of Milwaukee --- The American Lutheran Church Southern Wisconsin District 2705 Packers Avenue Madison, Wisconsin 53704 608-244-5440 April 13, 1981 Mr. Leon Rouse 2935 N. Prospect Milwaukee, WI 53211 Dear Leon, Thank you for your concern re: AB #270. Since I am not able to be there, and it is hard for anyone to represent me, you may use the following which is the statement which Wisconsin Conference of Churches asked jurisdictions which care to support the Bill to so authorize. Our District Council concurs and asked me to indicate such support: "Our District Council has auth roized me to indicate support for Assembly Bill #2370." "If deemed necessary I would be willing to appear and speak at any hearing on this Bill 70." (3/23/81 correspondence to WCC) I am sending a copy of this letter to John Fischer, executive director of WCC, so that he can represent me at the hearing. This should be adequate, shouldn't it? Kindest regards. Sincerely, AC Schumach A. C. Schumacher, president (wb) Southern Wisconsin District, ALC ACS/wb cc/ John Fischer Thomas Loftus --- THE UNITED METHODIST CHURCH WISCONSIN AREA MARJORIE S. MATTHEWS Bishop April 3, 1981 To: Members of the Wisconsin State Legislature ARLENE M. RADLOFF Administrative Secretary 325 Emerald Terrace Sun Prairie, Wisconsin 53590 (608) 837-8526 Dear Friends: At a recent meeting of the Board of Directors of the Wisconsin Con- ference of Churches a number of the church leadership of various churches in Wisconsin signed a statement in support of LRB-0124/1, a bill prohibiting discrimination based upon sexual orientation of individuals in the areas of employment, housing, and public accom- modations. In the Social Principles of the United Methodist Church, adopted by the 1980 General Conference, the United Methodist Church reaffirmed its position with regard to the worth of all persons regardless of sexual orientation. Following is a quotation from the statement on human sexuality. "Homosexual persons no less than heterosexual persons are individuals of sacred worth, who need the ministry and guidance of the church in their struggles for human fulfillment, as well as the spiritual and emotional care of a fellowship which enables reconciling relationships with God, with others, and with self. Further we insist that all persons are en- titled to have their human and civil rights ensured, though we do not condone the practice of homosexuality and consider this practice incompatible with Christian teaching." The only body that can speak for the entire United Methodist Church is the General Conference which meets quadrennially. However, as an elected Bishop assigned to the Wisconsin Conference of the United Methodist Church, I personally support the proposed legislation, and urge its consideration by the members of the Wisconsin State Legislature. Sincerely, Marjorie S. Matthews MSM: amr CC --- THE Episcopal diocese of Milwaukee 804 EAST JUNEAU AVENUE MILWAUKEE, WIS. 53202 ⚫ PHONE (414) 272-3028 February 12, 1981 To Members of the Wisconsin State Legislature My Dear Friends: At the recent meeting of the Board of Directors of the Wisconsin Conference of Churches a number of the bishops, presidents and leaders of the various churches in Wisconsin signed a collective statement in support of LRB-0124/1, a bill prohibiting discrimina- tion based upon sexual orientation of individuals in the areas of employment, housing, and public accommodations. Our corporate action is similar to that which the religious leaders of eight member judicatories of the Greater Milwaukee area took in support of a Milwaukee City Ordinance banning discrimination in employment based on sexual orientation. At that time we said: "We support equal protection of the law for all people, including full civil rights for persons of homosexual orientation. We support the recently passed Milwaukee or- dinance banning discrimination in employment based on sexual orientation because it is consistent with such full legal protection and full civil rights for all people. As pastoral leaders in the community we ask for our constituencies to join us in this support." I want to add to these joint statements two quotations which indicate that the Episcopal Church, both in the Diocese of Milwaukee and in its National Assembly is in full support of such actions which would prevent discrimination on the basis of sexual orientation. May I quote the text of two resolutions adopted by our General Convention of the Episcopal Church meeting in Minneapolis in 1976: Resolved, the House of Bishops concurring, that it is the sense of this General Convention that homosexual persons are children of God who have a full and equal claim with all other persons upon the love, acceptance, and pastoral concern and care of the Church. Resolved, the House of Bishops concurring, that this General Convention expresses its conviction that homosexual persons are entitled to equal protection of the laws with all other citizens, and calls upon our society to see that such pro- tection is provided in actuality. In addition, the House of Bishops of the Episcopal Church meeting in 1977 in principle re- affirmed these above statements. Our position on matters of non-discrimination because of sexual orientation reflect the traditional moral theology of this branch of Christendom, known as the Episcopal Church. And in our own Diocesan Councils in recent years we have . affirmed this principle of non-discrimination in resolutions passed with regard to the pastoral approach to our brethren of this orientation. Please know that this bill has the fullest support, both of the Bishop of the Diocese and of its constituency. Faithfully yours, #Charles 7. Snakell +Charles T. Gaskell Bishop of Milwaukee CTG/af THE RT. REV. CHARLES T. GASKELL. D. D. BISHOP OF MILWAUKEE --- LUTHERAN CHURCH IN AMERICA in Wisconsin and Upper Michigan Office of the President April 1, 1981 To Members of the Wisconsin State Legislature My Dear Friends: The Lutheran Church in America which is represented in Wisconsin by the Wisconsin-Upper Michigan Synod has adopted a statement on Human Sexuality. This statement has been a part of our Church's position since 1970. Since there is presently taking place a consideration of AB 70 which would prohibit discrimination based upon sexual orientation of individuals in the areas of employment, housing and public accommodations, I wanted to register my own personal position and the position of my Church on this matter. - "Scientific research has not been able to provide conclusive evidence regarding the causes of homosexuality. Nevertheless, homosexuality is viewed biblically as a departure from the heterosexual structure of God's creation. Persons who engage in homosexual behavior are sinners only as are all other persons alienated from God and neighbor. However, they are often the special and undeserving victims of prejudice and discrimination in law, law enforcement, cultural mores, and congregational life. In relation to this area of concern, the sexual behavior of freely consenting adults in private is not an appropriate subject for legislation or police action. It is essential to see such persons as entitled to understanding and justice in church and community." July 1970 Sometime ago, a parallel issue was raised in the city of Milwaukee where my office is located. Along with the Bishops and leaders of other denomina- tions I put my name to the following statement: We "We support equal protection of the law for all people, includ- ing full civil rights for persons of homosexual orientation. support the recently passed Milwaukee ordinance banning discrimination in employment based on sexual orientation because it is consistent with such full legal protection and full civil rights for all people. As pastoral leaders in the community we ask for our constituencies to join us in this support." Wisconsin Upper Michigan Synod LCA 1933 W Wisconsin Ave Milwaukee WI 53233 - 414-342 6064 --- To Members of the Wisconsin State Legislature April 1, 1981 2 It is my sincere hope that the legislature will support AB 70 so that sexual orientation is not permitted to be a reason for discrima- tion of any kind. Most sincerely, Cobert R. Wilch Robert S. Wilch Bishop of the Wisconsin-Upper Michigan Synod RSW:mb --- To Members of the Wisconsin State Legislature Page 2 "In our consideration of the two issues above, we call the attention of all Christians to the resolution of the 65th General Convention which expresses its conviction 'that homosexual persons are children of God who have a full and equal claim with all other persons upon the love, acceptance and pastoral concern and care of the Church' and that, furthermore, they 'are entitled to equal protection of the laws with all other citizens, and calls upon our society to see that such protection is provided in actuality.' "With dismay and with shock we note the deprivation of civil rights and the development of mass hysteria in parts of this country directed against persons known as homosexuals. "The same Gospel which persuades us that homosexuality is not an acceptable practice for Christians also compels us to treat every person of any sexual orientation as a child of God, entitled to our pastoral concern and guaranteed his or her civil rights." In the light of this clear moral imperative, we urge your support of AB 70, as a proper statement of Gospel teaching, consonent with the moral theology of Our Lord's Church, and acceptable to the proclaimed doctrine of the Church. Faithfully in Christ, + Witham Eau Claire The Rt. Rev. William C. Wantland The Bishop of Eau Claire --- church The UNITED STATES OF AMER 1-941 THE REV. CARL R. SIMON, D.D. Executive Presbyter March 20, 1981 The PRESBYTERY OF MILWAUKEE The United Presbyterian Church in the U.S.A. 1933 W. WISCONSIN AVENUE MILWAUKEE, WISCONSIN 53233 PHONE: 414-931-7330 To Members of the Wisconsin State Legislature My Dear Friends: At the recent meeting of the Board of Directors of the Wisconsin Conference of Churches a number of the bishops, presidents and leaders of the various churches in Wisconsin signed a collective statement in support of LRB-0124/1, a bill prohibiting discrimination based upon sexual orientation of individuals in the areas of employment, housing and public accommodations. Our corporate action is similar to that which the religious leaders of eight member judica- tories of the Greater Milwaukee area took in support of a Milwaukee City Ordinance banning discrimination in employment based on sexual orientation. At that time we said: "We support equal protection of the law for all people, including full civil rights for persons of homosexual orientation. We support the recently passed Milwaukee ordinance banning discrimination in employment based on sexual orientation because it is consistent with such full legal protection and full civil rights for all people. As pastoral leaders in the community we ask for our constituencies to join us in this support." I want to add to these joint statements a quotation which indicates that the United Presbyterian Church in the U.S.A., in its national General Assembly, is in full support of such actions which would prevent discrim- ination on the basis of sexual orientation. May I quote the text of a resolution adopted by our General Assembly meeting in San Diego, California in 1978: "The Christian community can neither condone nor participate in the widespread contempt for homosexual persons that prevails in our general culture. Indeed, beyond this, it must do everything in its power to prevent society from continuing to hate, harass, and oppress them. There is no legal, social, or moral justification for denying homo- sexual persons access to the basic requirements of human social existence. Society does have a legitimate role in regulating some sexual conduct, for criminal law properly functions to preserve public order and decency and to protect citizens from public offense, personal injury, and exploitation. Thus, criminal law properly prohibits homo- sexual and heterosexual acts that involve rape, coercion, corruption of minors, mercenary exploitation, or public display. However, homo- sexual and heterosexual acts in private between consenting adults --- Members of the Wisconsin State Legislature March 20, 1981 Page 2. involve none of these legitimate interests of society. Sexual conduct in private between consenting adults is a matter of private morality to be instructed by religious precept or ethical example and persuasion, rather than by legal coercion. Vigilance must be exercised to oppose federal, state, and local legis- lation that discriminates against persons on the basis of sexual ori- entation and to initiate and support federal, state, or local legislation that prohibits discrimination against persons on the basis of sexual orientation in employment, housing, and public accommodations." Sincerely, CareR. Somen' Carl R. Simon Executive Presbyter CRS/es --- CHURCH UNITED THEY OF CHRIST MAY ALL BE ONE Wisconsin Conference OF THE UNITED CHURCH OF CHRIST 2719 MARSHALL COURT MADISON, WIS. 53705 TELEPHONE: (608) 238-3418 April 1981 RALPH P. LEY D.D. CONFERENCE PRESIDENT REV. ROBERT D. MUTTON MINISTER FOR CHRISTIAN EDUCATION, YOUTH & CAMPING MS. MARY NACK CHURCH IN SOCIETY & MISSION EDUCATION REV. ROY ALBERSWERTH MINISTER, S.E. ASSOCIATION 2745 MEMORY LANE BROOKFIELD 53005 TEL: (414) 786-2245 (OFFICE) REV. DONALD W. HINZE MINISTER, N.E. ASSOCIATION 800 E. SOUTH RIVER ST. APPLETON 54911 TEL: (414) 731-4781 REV. JAMES M. SAVIDES MINISTER, N.W. ASSOCIATION 2704 KEITH STREET EAU CLAIRE 54701 TEL: (715) 834-2960 REV. RICHARD J. WICHLEI MINISTER, S.W. ASSOCIATION 202 N. MIDVALE MADISON 53705 TEL: (608) 238-1244 TO MEMBERS OF THE WISCONSIN STATE LEGISLATURE The United Church of Christ supports the spirit of Assembly Bill #70. At a recent meeting of our national body it declared its support "for the enactment of legislation at the federal, state and local levels of government that would guarantee the liberties of all persons without discrimination related to affectional or sexual preferences." As Christians we share our concern through the liberating gospel. Christian churches have a long tradition of concern for human justice and civil liberties. While we may not condone or support some of the activities of certain sexual preferences or lifestyles, we do firmly insist on civil liberties and equal protection under the law for all citizens. The Commission of Social Concerns of the Wisconsin Conference of the United Church of Christ has reaffirmed this stance of our denomination and urges the enactment of legislation that provides this civil liberty and equal protection under the law for all citizens of Wisconsin. Respectfully, Ralph P. Ley Conference President --- unitarian universalist church of racine and kenosha 625 COLLEGE AVENUE RACINE, WISCONSIN 53403 Telephone: (414) 634-0659 REV. DR. TONY LARSEN, Minister 632-9886 March 3, 1981 We, as Unitarian Universalist ministers in the Milwaukee area, affirm our support for legislation that would ban discrimination in housing, employment, and public funding on the basis of sexual or affectional orientation. Tony Larsen Rev. Tony Larsen, Minister Unitarian Universalist Churches of Racine and Kenosha, WI Date Robison Rev. Dale Robison, Minister Unitarian Church North Mequon, WI Marni Harmony Rev. Marni Harmony Unitarian Church West Brookfield, WI --- american USA churches WISCONSIN BAPTIST STATE CONVENTION 15330 WEST WATERTOWN PLANK ROAD ELM GROVE, WISCONSIN 53122 414/782-3140 baptist April 10, 1981 DR. WILLIAM L. WELLS Executive Minister TO: MEMBERS OF THE WISCONSIN STATE LEGISLATURE Dear Friends: At a recent meeting of the Board of Directors of the Wisconsin Conference of Churches a number of leaders of various churches in Wisconsin signed a statement in support of Assembly Bill #70 which would ban discrimination because of sexual orientation in the areas of employment, housing and public accommodations. While the American Baptist Churches in the USA has not officially spoken on this issue, the Board of National Ministries made a statement in 1974 relative to American Baptist ministry with gay persons. That statement reiterates that God loves every person and that we are, therefore, not free to reject any person regard- less of our personal opinions. Further, it is incumbent on us to defend the civil rights of all. I, therefore, lend my personal support to Assembly Bill #70 inso- far as it bans discrimination because of sexual orientation in the above named categories. Sincerely, William K. Wells William L. Wells Executive Minister WLW/dls Rev. Ronald A. Erickson, President Mrs. Patricia E. Gregory, Vice President Mr. Lucian L. Newberry, Treasurer Rev. Arthur E. Basile, Minister of Christian Education Rev. Charles Y. Ho., Minister of Community Witness Rev. Floyd R. Harbold, Minister of Christian Outreach --- Wel Verne E. Sindlinger Executive Presbyter Dinnebago resbytery 803 E. College Avenue Appleton, WI 54911 (414) 734-3598 August 20, 1981 The Synod of Lakes and Prairies Limited picsBYTEBLAD church in ch USA Members of the Wisconsin State Legislature State Capitol Madison, Wisconsin Dear Friends: 53702 I am writing in support of AB 70. The General Assembly of the United Presbyterian Church in the United States of America, the national judicatory of my denomination has taken the strong stand in support of legislation which would prohibit discrimination based on sexual orientation of individuals in the areas of employment, housing and public accommodations. Let me quote from the text of the resolution adopted by our General Assembly in 1978: "Vigilence must be exercised to oppose federal, state, and local legislation that discriminates against persons on the basis of sexual orientation and to initiate and support federal, state, and local legislation that prohibits discrimination against persons on the basis of sexual orientation in employment, housing, and public accommodations." In addition to expressing the position of the United Presbyterian Church, I am expressing my own personal support for this legislation and requesting that you support it with your voice and your vote. Cordially yours, Verne E. Sindling Verne E. Sindlinger Executive Presbyter VES:nb --- JCT the american lutheran church northern wisconsin district (715) 842-0616 0103-66¥MOUR-LANE WAUSAU, WISCONSIN 54401 2800 Westhill Dr., Suite 209 September 18, 1981 To: Members of the Wisconsin State Assembly VERNON E. ANDERSON, D. D. President NORRIS 1. ERDAL, Pastor Executive Assistant ROBERT H. HERDER, Pastor Executive Assistant Dear Friends: I, as a religious leader in Wisconsin, firmly believe that otherwise properly qualified candidates should not be discriminated against because of their race, age, creed, color, handicap, sex, national origin, ancestry or sexual orientation. All except those of differ- ent sexual orientation are protected by law. This denial of pro- tection and employment opportunities to these people tends to deprive the victims of the earnings which are necessary to maintain a just and decent standard of living, thereby committing grave injury to them. I feel that to discriminate against a person merely because of his or her sexual orientation is extremely unjust. We cannot believe that it is a Judeo-Christian attitude that would block them from holding responsible positions in the community. While I may not condone or support some of the activities of certain lifestyles, I do firmly insist in civil rights and equal protection under the law for all citizens. I firmly endorse the passing of 1981 Assembly Bill 70. As a member of The American Lutheran Church, I would like to refer you to the enclosed statement entitled "Human Sexuality and Sexual Behavior" adopted by the Tenth General Convention of The American Lutheran Church, dated October 1980. Specifically note pages 7-8, Article F. "Expressing Concerns Through Law." It is my sincere feeling that none of us is free from discrimination until we all are. Respectfully, - VEA:gs Enc. Vernon E. Anderson President - Go into all the world and preach the gospel to the whole creation. MARK 16:15 --- April 11, 1981 TO: Members of the Wisconsin State Legislature Dear Friends, It has been called to our attention that the Legislature will be voting on a bill that will ban discrimination on the basis of one's sexual orientation. In July of 1980 we, as members of the Milwaukee Common Council, saw the need for non-discrimination laws in this area. We realize that homosexual persons have often been subjected to persecution and discrimination in our society. As people committed to a Judeo-Christian ethic we personally oppose such discrimination and support full human rights for every individual. This means the right of due process, civil rights, legal and police protection along with job security. This does not mean that we as a group condone or encourage any kind of sexual activity outside of the marriage bond. As humanitarians we must affirm and support equal human and civil rights for all of God's children. We trust the Legislature of Wisconsin will enact AB 70 which will help insure due process and equal protection under the law for all of its citizens.' таешь 4th Dal Respectfully, Milwaukee Common Council Jandia Huer 3. District Gebiet M. Wiber 10th Cist. Marker & John 6th Dist. Alderman Kevin O'Connor District 4 Alderman Sandr Hoeh Alderman Robert Weber District 3 District 7 Alderman Betty L. Voss District 10 Alderman Marlene E Johnson District 6 --- June 17, 1980 Alderman Kevin D. O'Connor, Chairman Judiciary and Legislation Committee Milwaukee Common Council Room 205 City Hall Dear Alderman O'Connor: At its monthly meeting of June 11, 1980, the Commis- sion on Community Relations held a public hearing regard- ing the proposed ordinance change submitted by the Commit- tee for Fundamental Judeo-Christian Human Rights. The Commission voted unanimously to recommend to the Judiciary and Legislation Committee of Milwaukee the re- peal of Section 106-15 of the Milwaukee Code of Ordinan- ces relating to discrimination in employment. Sincerely, MILWAUKEE COMMISSION ON COMMUNITY RELATIONS Mrs. Thadis Patterson Chairperson --- 1981 Assembly Bill 70 C ( ( -3- 66.433 (3) (a) The purpose of the commission is to study, analyze and recommend solutions for the major social, economic and cultural problems which affect people residing or working within the municipality including, without restriction because of enumeration, problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, and discrimination in housing, employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation or ethnic or minority status. (c) 1. b. To ensure to all municipal residents, regardless of sex, race, sexual orientation or color, the rights to possess equal housing accommodations and to enjoy equal employment opportunities. (9) INTENT. It is the intent of this section to promote fair and friendly relations among all the people in this state, and to that end race, creed, sexual orientation or color ought not to be made tests in the matter of the right of any person to sell, lease, occupy or use real estate or to earn his a livelihood or to enjoy the equal use of public accommodations and facilities. SECTION 12. 101.22 (1), (1m) (b), (2m) and (4n) of the statutes, are amended to read: 101.22 (1) INTENT. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation as defined in s. 111.32 (4s), handicap, religion, national origin, sex or marital status of the person maintaining the household, lawful source of income, age or ancestry and it is the duty of the local units of government to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under s. 66.433. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences which are owner- 'occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be deemed an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity and human rights of the people of this state. (1m) (b) "Discriminate" and "discrimination" mean to segregate, separate, exclude or treat any person or class of persons unequally because of sex, race, color, handicap, sexual orientation as defined in s. 111.32 (4s), religion, national origin, sex or marital status of the person maintaining a household, lawful source of income, age or ancestry. It is intended that the factors set forth herein shall be the sole bases for prohibiting discrimination. (2m) REPRESENTATIONS DESIGNED TO INDUCE PANIC SALES. It is unlawful to No person may induce or attempt to induce any person to sell, rent or lease any dwelling by representations regarding the present or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, sexual orientation or economic status, or by representations to the effect that such present or prospective entry will or may result in: a) the lowering of real estate values in the area concerned; b) a deterioration in the character of the area concerned; c) an increase in criminal or antisocial behavior in the area concerned; or d) a decline in the quality of the schools or other public facilities serving the area. (4n) REQUIRING REFERENCES. Nothing in this section shall be deemed to prohibit prohibits an owner; or agent; from requiring that any person who seeks to buy, rent or lease housing supply information concerning family, marital, financial and business status but not concerning race, color, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or creed. SECTION 13. 101.221 (1) of the statutes is amended to read: 101.221 (1) The equal rights council shall disseminate information and attempt by means of discussion as well as other proper means to educate the people of the state to a greater understanding, appreciation and practice of human rights for all people, of whatever race, creed, color, sexual orientation or national origin, to the end that Wisconsin this state will be a better place in which to live. SECTION 14. 111.31 (1) to (3) of the statutes are amended to read: 111.31 (1) The practice of denying employment and other opportunities to, and discriminating against, properly qualified persons by reason of their age, race, creed, color, handicap, sex, national origin, ancestry, sexual orientation, arrest record or conviction record, is likely to foment domestic strife and unrest, and substantially and adversely affect the general welfare of a state by depriving it of the fullest utilization of its capacities for production. The denial by some employers, licensing agencies and labor unions of employment opportunities to such persons solely because of their age, race, creed, color, handicap, sex, national origin, ancestry, sexual orientation, arrest record or conviction record, and discrimination against them in employment, tends to deprive the victims of the earnings which are necessary to maintain a just and decent standard of living, thereby committing grave injury to them. (2) It is believed by many students of the problem that protection by law of the rights of all people to obtain gainful employment, and other privileges free from discrimination because of age, race, creed, color, handicap, sex, national origin of, ancestry or sexual orientation, would remove certain recognized --- -4- sources of strife and unrest, and encourage the full utilization of the productive resources of the state to 1981 Assembly Bill 70 the benefit of the state, the family and to all the people of the state. (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified persons regardless of their age, race, creed, color, handicap, sex, national origin or, ancestry or sexual orientation. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose. SECTION 15. 111.32 (4s) of the statutes is created to read: 111.32 (4s) "Sexual orientation" means having a preference for heterosexuality, homosexuality, bisexuality, having a history of such a preference or being identified with such a preference. SECTION 16. 111.32 (5) (a) of the statutes is amended to read: 111.32 (5) (a) "Discrimination" means discrimination because of age, race, color, handicap, sex, creed, national origin, ancestry, sexual orientation, arrest record or conviction record, by an employer or licensing agency individually or in concert with others, against any employe or any applicant for employment or licensing, in regard to hire, tenure or term, condition or privilege of employment or licensing and by any labor organization against any member or applicant for membership, and also includes discrimination on any of said grounds in the fields of housing, recreation, education, health and social welfare as related to a condition or privilege of employment. SECTION 17. 111.32 (5) (i) of the statutes is created to read: 111.32 (5) (i) It is discrimination because of sexual orientation: 1. For any employer, labor organization, licensing agency or employment agency or other person to refuse to hire, employ, admit or license, or to bar or terminate from employment, membership or licensure any individual, or to discriminate against an individual in promotion, compensation or in terms, conditions or privileges of employment because of the individual's sexual orientation; or 2. For any employer, labor organization, licensing agency or employment agency or other person to discharge or otherwise discriminate against any person because he or she has opposed any discriminatory practices under this paragraph or because he or she has made a complaint, testified or assisted in any proceeding under this paragraph. SECTION 18. 111.70 (2) of the statutes is amended to read: 111.70 (2) RIGHTS OF MUNICIPAL EMPLOYES. Municipal employes shall have the right of self- organization, and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and such employes shall have the right to refrain from any and all such activities except that employes may be required to pay dues in the manner provided in a fair-share agreement. Such fair-share agreement shall be subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30% of the employes in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employes, it shall be deemed terminated. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed or sex to receive as a member any employe of the municipal employer in the bargaining unit involved, and such agreement shall be made subject to this duty of the commission. Any of the parties to such agreement or any municipal employe covered thereby may come before the commission, as provided in s. 111.07, and ask the performance of this duty. SECTION 19. 111.81 (9) (b) of the statutes is amended to read: 111.81 (9) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation or national origin. SECTION 20. 111.85 (1) of the statutes is amended to read: 111.85 (1) No fair-share agreement shall become effective unless authorized by referendum. The authorization of such fair-share agreement shall continue thereafter subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum on the subject. Such petition must be supported by proof that at least 30% of the employes in the collective bargaining unit desire that the fair-share agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the agreement is approved by the referendum by at least the number of employes required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the above ( --- from Sexual Preference- Its Development in Men and Women by Alan P. Bell, Martin S. Weinberg and Sue Kiefer Hammersmith (an official publication of the Alfred C. Kinsey Institute for Sex Research, Indiana University Press, 1981) Kinsey Report (1981) 222 CONCLUSIONS AND ADDITIONAL CONSIDERATIONS will continue to suffer painful consequences both as they grow up and throughout adulthood. The costs of rigid dichotomies in this area are incalculable. Finally, one point already noted in the text deserves special emphasis. Sexual preference involves a host of psychological needs and an array of unique social (or interpersonal) circumstances. For males in particular, sexual orientation as a rule evolves relatively early in life (very often before the teen-age years) and in general is relatively impervious to whatever occurs subsequently. For example, our data indicate that a high-school teacher who is known to be homosexual would hardly influence the direction of a boy's sexual interests, for in most cases, his sexual preference will have already been determined. Similarly, our data (as well as others') indicate that seduction by homosexual adults occurs most infrequently. Even if that were not the case, it could be argued that premature experiences of sexual contact, especially if they involve coercion, would be just as likely to result in an antipathy for the very form of contact that occurred. Although we have entitled our present work Sexual Preference, we do not mean to imply that a given sexual orientation is the result of a con- scious decision or is as changeable as the many moment-by-moment de- cisions we make in our lives. Neither homosexuals nor heterosexuals are what they are by design. Homosexuals, in particular, cannot be dis- missed as persons who simply refuse to conform. There is no reason to think it would be any easier for homosexual men or women to reverse their sexual orientation than it would be for heterosexual readers to be- come predominantly or exclusively homosexual. Finally, as we have noted previously (11), it is possible for both homosexuals and heterosex- uals to enjoy mature, constructive, and rewarding lives. Probably each orientation involves its own dangers, sacrifices, and compensations. Surely each represents a statement from and about the deepest aspects of one's self and the conscious or unconscious attempt to honor them. We hope that some day sexual orientation will be more fully under- stood, both by the scientific community and by the public at large. We hope that homosexual men and women will be regarded in the light of scientifically established facts and not on the basis of prejudice or moralistic convictions. If this study takes us just one step closer to an objective view of sexual preference and encourages others to conduct increasingly sophisticated research in this area, then it will have served a useful purpose indeed. --- C.T 2/23/52 Callers, radio stations sparring over bill for homosexual rights By DAN ALLEGRETTI Capital Times Staff Writer A bill to outlaw discrimination in Wisconsin on the basis of "sexual ori- entation" apparently is becoming a major religious issue, spurred on by what a governor's aide calls a "battle of the radio stations." The governor's office has received thousands of phone calls and letters. since the bill was passed by the State Senate last week, with most of the op- position based on the Bible. "The main concern (of those op- posed to the bill) is that homosexual- ity is outlawed in the Bible," Susan Riordan, an aide to Gov. Lee Dreyfus, said today. On the other hand, much of the favorable response to the measure has come from religious organiza- tions, she said. The author of the bill, State Rep. David Clarenbach, D-Madison, has been fighting for its passage for eight years and attributes its success in the Legislature this session to support from "mainstream" religious leaders, especially the Catholic Church in Wis- consin. On Friday, Christian radio stations in Madison and Milwaukee broadcast discussions of the bill and triggered some 400 calls to the governor's of- fice, overwhelmingly opposing the measure. Then on Monday, Madison radio station WORT got into the act and spurred more than 600 calls to the governor's office. Those calls. ran, about 2-1 in favor of the measure. "It looks to me like a battle of the radio stations, the Christian stations versus WORT," Riordan said of the massive response to the bill. WORT is a listener-sponsored, progressive-ori- ented station that on Monday broad- cast news and public service an- nouncements about the measure, in- cluding the governor's phone number. The bill needs only the governor's signature to become law. It would make Wisconsin the first state to "enact by statute an anti-discrimina- tion measure based on sexual orienta- tion." Clarenbach said. A letter to the governor from a Black River Falls resident, which Riordan said was representative of the opposition viewpoint, said, "Homosexuality and lesbianism are condemned by God and I fear for Wis- consin if this (bill) should pass." But Rev. Stephan Umhoefer, pastor of St. Paul's University Catholic Cen- ter, said there is "no Biblical interpre- tation that would stand in the way of (homosexuals') rights, and certainly no (Catholic) church teaching that would deny them their rights." While the Catholic Church does not endorse homosexuality, "it would be immoral to deny them their rights," he said. "It would be directly in con- Iflict with Catholic teaching to deny these people equal rights." Clarenbach said the bill would probibit discrimination against homo- sexuals in virtually all areas of hous- ing and employment. "It does not legalize homosexuality any more than one must legally endorse any particu- lar religion in order to defend protec- tions against religious discrimina- tion," he said. "Simply to be, in one's private life, either homosexual or heterosexual should not be a ground for dismissal or for denial of employment," he said. The only areas in which the bill may not apply are where it conflicts with federal law, as with the Wisconsin Na- tional Guard, which is under federal jurisdiction and prohibits "overt homosexuality." Some of the concerns frequently ex- pressed by opponents of the bill who. called the governor's office were that they might be required to rent to homosexuals, and that schools might be forced to hire homosexuals, Rior- dan said. She said the governor's staff is cur- rently studying the bill to determine how it would apply in such situations. Margaret Lewis, Dreyfus' legislative liaison, said, "I know the governor has said he doesn't care if a teacher is homosexual or heterosexual, he doesn't think sex should be brought into the classroom." 1: Clarenbach said the law definitely would forbid schools, including pri- vate schools, from discriminating against homosexuals in hiring teach- ers. It also would protect homosex- uals from discrimination in renting and all other forms of housing, as well as in all private employment, he said. --- MILW. JANL FR 1.2/26/82 On, Wisconsin An Editorial New 'gay rights' law sadly necessary Should homosexuals have le- gal protection against discrimi- nation? Gov. Dreyfus and the State Legislature deserve praise for courageously confronting that socially explosive question and answering "yes." Dreyfus has signed into law a bill that prohibits discrimination against homosexuals in employment, housing and public accommoda- tions. The law is likely to provoke controversy, as the governor noted. People who would not countenance discrimination on the grounds of race, sex, reli- gion, age or national origin often cannot find tolerance for homo- sexuals. Many people feel that to outlaw bias against homosexuals is, in some way, to condone or promote the gay lifestyle. However, the issue is not homosexuality. The issue is an unpardonable form of discrimi- nation. As Dreyfus put it, the new law offers protection of the right to privacy in one's sexual prefer- ence, and helps keep government involvement in private lives "very restricted." By banning job and housing discrimination, the law places an "additional limitation on one more area of governmentally sanctioned in- quiry into an individual's thoughts, beliefs and feelings," Dreyfus said. Yet, the law does not injure the protections that rightly are provided against criminal or as- saultive sexual conduct. More- over, the new law does not es- tablish "gay quotas" for employ- ers. It does not sanction expres- sion of sexual preferences in classrooms. Dreyfus and the lawmakers can be proud that Wisconsin now forbids sexual-preference discrimination, as it has forbid- den other forms of bias. What is regrettable is that intolerance made the law necessary. --- * EXCT A human rights victory 2/26/82 ONE OF THE cardinal prin- ciples of conservatism in its purest form is that the govern- ment has no business intruding in people's private lives. Our Republican governor was true to that principle Thursday in signing a bill that would outlaw discrimination on the basis of sexual orientation. Rep. David Clarenbach, D-Madison, has introduced the so-called gay rights bill every session for the past eight years. That it finally passed and got Lee Dreyfus' signature is not, as some would have it, a sign of civilization's imminent collapse. Rather, it reflects a growing recognition that people's pri- vate sexual behavior should have no bearing on their access to jobs and housing. Clarenbach deserves credit för his persistence, mainstream religious groups for their sup- port, and Dreyfus, for his re- fusal to bow to a last-minute campaign against the bill. Call- ers and letter-writers, many of them alerted by fundamentalist Christian radio stations in Mil- waukee and Madison, told the governor that - homosexuality ran counter to Biblical injunc- tions. IF PEOPLE want to believe. as much, they're entitled to do so. But their beliefs ought not to dictate social policy for all of us. And those who like to invoke Christianity to deny others their humanity would do well to ac- knowledge two other tenets of the faith: that we should love one another, and that we should treat people as we would our- selves like to be treated. That, in essence, is what is at stake here, as in the larger struggle. for human rights. --- W53 2/24/92. Gay-rights bill triggers phone deluge The governor's office is being "del- uged with citizens' calls on a bill to prohibit discrimination against homo- sexuals, aides to Gov. Lee Dreyfus said Tuesday. "Qur life has been ruined," a har- ried William Kraus complained. Kraus, Dreyfus' communications aide said the executive office re- ceived 300 calls Friday, the day reli- gious radio stations in Madison and Milwaukee broadcast discussions of the bill, which lacks only the gover- nor's signature to become law. Staff members took another 600 calls Monday and were about as busy Tuestlay, Kraus said. "I's just a deluge. We're not get ting anything else done around here," he said. "It's enormously tiring and 'distracting." WORT, a Madison listener-spon- sored radio station, got into the act Monday and spurred several hundred calls. Calls that day ran about 2-1 in favor of the bill. "It looks to me like a battle of the radio stations- the Christian stations versus WORT," aide Susan Riordan said. Calls are now about evenly divided between supporters and opponents, Kraus said. Although most have come from the Madison and Milwaukee areas, the office has taken calls from all over Wisconsin. Kraus said he hopes Dreyfus acts on it as soon as possible, to rescue the staff. Most opponents of the bill have based their opposition on the Bible. "The main concern (of opponents) is that homosexuality is outlawed in the Bible," Ms. Riordan said. But much of the favorable response has also come from religious organiza- tions, she added. Rep. David Clarenbach, D-Madi- son, author of the bill, has attributed the success of the bill this session to support from what he called "main- stream" religious leaders, especially the Catholic Church in Wisconsin. He said if Dreyfus signs the bill, Wisconsin will become the first state to "enact by statute an anti-discrimi- nation measure based on sexual orien- tation." The bill may not apply in instances in which it conflicts with federal law, as with the Wisconsin National Guard. --- THE MILWAUKEE JOURNAL Wednesday, May 13, 1981 Bill to ban sex bias gains strong support By Steve Burkholder Special to The Journal Madison, Wis. While proponent after proponent called for the pas- sage of a bill that would ban discrim- ination on the basis of a person's sexual preference, only one opponent appeared before a legislative commit- tee Tuesday. The Rev. Richard E. Pritchard of Madison, who said he saw the bill as chipping away at the community's moral structure, was the lone voice of opposition at the hearing before the Assembly's Health and Human Services Committee. groups - - Some 15 persons mostly clergy and members of various homosexual voiced their strong support for Assembly Bill 70, which is spon- sored by Rep. David Clarenbach (D- Madison). The Rev. M. Ted Steege of Luther Memorial Church in Madison said the bill was not "a pro-homosexuality bill. It is an anti-bigotry bill." Committee members asked few questions during the entire hearing. "The committee is strangely silent today," said Rep. John Medinger (D- La Crosse), noting that there was no one in attendance to testify against the bill. But that was before Pritchard be- gan to speak in answer to arguments set forth by those in favor of the bill. Pritchard said homosexual behav- ior was a sickness and, while the bill did not address homosexual behavior directly, added: "The major part of it preserves the homosexual practice and makes it legal in every way." However, Tony Larsen, a minister in the Unitarian Universalist Church of Racine and Kenosha, noted that the American Psychiatric Association removed homosexuality from its list I of mental disorders in 1973. Barbara Lightner, a leader of the Madison gay group The United, said there were no statistics to show that banning discrimination against homosexuals or of persons per- Iceived as homosexuals - in hiring would somehow allow "child pollu- tion," or the idea that "just by being around, you're contagious." bill made no moral judgment approv- ing homosexual behavior. Instead, they argued, the bill guaranteed basic civil rights accorded other minority groups. Steege and others testified that the The bill bans discrimination in employment, housing and public ac- commodations based on the sexual orientation of an individual. Under the bill, sexual orientation is defined as having a preference for heterosexuality, homosexuality, bi- sexuality, having a history of such a preference, or being identified with such a preference. --- Wisconsin State Journal, Thursday, October 22, 1981 Section 1, Page 7 Assembly OKS OKs gay bias bill By Paul Fanlund State government reporter The Assembly gave preliminary approval Wednesday to a bill prohibit- ing discrimination against homosex- uals or bisexuals. Proposed by Rep. David Claren- bach, D-Madison, and others, the bill is designed to prevent bias in employ. ment, housing and public accommoda- tions. • It would also prohibit discrimina- tion in the state civil service system, the state National Guard, and by con- tractors which do business with the state. The bill would add a "sexual prefer- ence" section to Wisconsin statutes prohibiting other forms of discrimina- tion. Clarenbach said its enactment would serve only to prevent discrimi- nation as do laws concerning race or national origin. It is not an endorse- ment of homosexuality, he said. The Assembly voted to pass the bill, 57-41, after rejecting, 55-41, an at- tempt by Minority Leader John Shabaz, R-New Berlin, to kill the pro- posal. Shabaz said the Legislature "was going much further than we ever in- tended" when previous discrimination laws were enacted. "It's not a moral issue, it's not a religious issue. It is a matter of big otry," Clarenbach countered. "It's not a question of whether homosexuality is admirable, it is whether discrimina- tion is tolerable." The Senate has yet to review the issue, but the bill may be reconsidered in the Assembly and attempts to . amend it made. In other action, the lower house sustained two item vetoes by Gov. Lee Dreyfus. 1 Assembly Republicans held to- gether behind the governor in prevent- ing either of two Medicaid-related vetoes from being overriden. In the meantime, however, the en- tire service was vetoed. The two override votes brought to Iseven the number of Dreyfus' 121 par- One of the vetoes stopped pyscho-tial budget vetoes that have withstood therapy treatments for the poor on Sept. 14. The override vote was 59-39. A two-thirds vote (66) is necessary. Rep. Mary Lou Munts, D-Madison, blasted the veto as irresponsible, claiming the cutoff will actually in- crease costs. She cited. a Madison woman who slit her wrists and is now hospitalized after her psychotherapy treatment was stopped. "Is this saving us money?" she asked. Dreyfus is proposing in his budget balancing bill (scheduled for Assem- bly consideration today) that the psy- chotherapy treatment be partially re- stored with local mental health boards acting as "gatekeepers" to decide who is treated. challenges. In other action, the Assembly; ● Passed, 89-7, a bill designed to in- crease penalities for persons operat-, ing a vehicle while a license is revoked under a habitual traffic offenders law. The new penalty would be a fine of be- tween $1,000 and $5,000 and a prison term of between 90 and 180 days. The current law allows penalities of up to a $1,000 fine and up to 90 days in jail. Killed, 61-36, a measure designed to prohibit the Public Service Com- I mission from charging customers for expenses associated with lobbying and contributions. Opponents, said the PSC currently has its own rules prohibiting the prac: tice and a state law is unnecessary. --- Preliminary OK given sex bias bill The Associated Press C-T 10/22/81 Rep. David Clarenbach's bill for prohibiting discrimination against homosexuals received preliminary approval Wednesday from the state Assembly. Preliminary approval moved it be- yond reach of further amendment, but not to a final vote. An attempt was scheduled for Friday. 4 Rep. John Shabaz,, the Republican minority leader, protested that the bill goes "much further than we ever intended" when other anti-discrimina- tion statutes were being enacted. The bill would forbid discrimination based on sexual preference in em- ployment, housing or in places of pub- lic accommodation. That would affect the National Guard, civil service jobs, contracts with the state and rules issued by state agencies. Clarenbach, D-Madison, said its enactment would prohibit the sort of discrimination that is unlawful when leveled because of sex, race, creed or national origin. He denied it is an endorsement of homosexuality. Bill ending gay bias endorsed From Sentinel wire services Madisom The Assembly gave preliminary approval on a voice votes Wednesday to a bill prohibiting dis crimination against homosexuals & final ballot was delayed untill Friday The bill would prohibit discrimina tion based on the sexual orientationa of am individual im the areas of em ployment, housing and public accom modations. It would include the state civil service, state contractors, the National Guard and rules, issued by state agencies. The bill "is not a question of mo tality, said Rep. David Clarenbach (D-Madison), its main author "It's a question of civil rights. It is not a moral issue. It is, not a religions issue In other action, the Assembly Upheld Gov. Dreyfus veto end- ing Medicaid coverage of outpatient psychotherapy services for the poor Representatives voted 59-39, favor of overriding the veto. Howev er, the vote fell short of the two thirds majority needed to reverse the governor Dreyfus veto cut state spending for psychotherapy payments by $7.6 million. Because Medicaid is partly federally funded, it also eliminated spending of $10.5 million in federal funds Failed, 56-42, the overturn Drey fus veto reinstating the state's air thority to reduce Medicaid benefits it costs of the program exceed the money appropriated Passed,, 89-7, and sent to the Senate a bill increasing the penalties for habitual, traffic offenders who drive after their licenses have been revoked The state's habitual offendens law now provides a penalty of top to a $1,000 fine and 90 days in jail for driving after revocation The bill would set a penalty of a fine of $1,000 to $5,000: plus 90 days to 180 days in jail s Killed, 61-35, a bill to prevent publle utilities from charging rate payers for the cost of labbying or charitable contributions The bill would have forced stocks holders to pick up the tab --- Affirmative action issue debated C T10/23/81 State's gay rights bill threatened By MATT POMMER Capital Times Staff Writer The potential of forcing state con- tractors to hire homosexuals through affirmative action is threatening a gay rights bill. The Assembly today passed the measure, 49 to 46, but opponents col- lected 49 votes to block sending it to the State Senate after debate focused on the affirmative action issue. The lower house will reconsider its pas- sage vote next week. Earlier this week, the bill, which prohibits discrimination in housing, employment and public accommoda- tions because of sexual orientation, was supported by 55 Assembly mem-. bers. State Rep. JoAnne Duren, D-Caze- novia, accused State Rep. David Clarenbach, D-Madison, of misleading his colleagues on the affirmative ac- tion issue. Clarenbach, floor leader for the bill, had told the Democratic caucus the bill would not mandate affirmative. action programs while banning dis- Icrimination because of sexual orien- tation. The bill does add sexual discrimina- tion to the section of the law that specifies state contractors "take af- firmative action to assure equal em-sexuals would be required to be hired ployment opportunities." by contractors who treat emotionally disturbed children. Clarenbach retorted contractors now don't provide affirmative action programs related to age, religion or developmental disabilities. Duren was 'wrong" in assuming contractors would be required to im- plement affirmative action in this area, Clarenbach said. State Rep. Wayne Wood, D-Janes- ville, urged members to block sending the measure to the Senate, saying "I don't think we've lost the battle." At an impromptu press conference outside the Assembly chambers, Wood said he was concerned homo- "It's not good to require affirmative action," he said. Homosexuals should not be hired to transport prisoners "because there is too much opportunity for abuse," said Wood. Wood, who conducts a regular Bible study session in his office, conceded that, to him, "it borders on a moral issue." Meanwhile, the Senate was moving toward approval of a congressional reapportionment plan. --- Gay-rights bill vzq[23 The possibility that state contrac- tors would have to hire homosexuals through affirmative action has bogged down a gay rights bill in the Assembly. Though the lower house approved the bill, 49-46, Friday, opponents col- lected 49 votes to block its advance to the Senate after debate focused on af- firmative action. The lower house will reconsider its passage vote next week. Earlier this week, the bill, which prohibits discrimination in housing, employment and public accommoda- tions because of sexual orientation was supported by 55 Assembly mem- bers. Rep. Joanne Duren, D-Cazenovia, accused the bill's sponsor, Rep. David Clarenbach, D-Madison, of misleading his colleagues on the affirmative ac- tion issue. 1. Clarenbach had told the Demo- cratic caucus the bill would not re- quire affirmative action programs, al- though it would ban discrimination be- cause of sexual orientation. The bill, however, adds sexual discrimination to the section of the law that specifies that state contractors "take affirma- tive action to assure equal employ- ment opportunities." Clarenbach said Ms. Duren was wrong in assuming contractors would have to implement affirmative action in this area. --- MJ 2/25/82 Gay rights to be signed into law Journal Madison Bureau Madison, Wis. -Gov. Dreyfus was to sign gay rights legislation. Thursday, partly to ensure equality regardless of sexual orientation and partly to unjam telephone lines at the governor's office. Action on the bill (A-70) was ac- celerated to end a telephone cam- paign by opponents of the bill that has tied up the governor's telephones and secretaries much of the time since last Friday, according to Wil- liam Kraus, the governor's communi- cations director. "We've got to stop this," Kraus said as lights blinked on the telephone console on his desk. The bill prohibits discrimination based on sexual orientation in em- ployment, housing and public accom- modations. The bill defines sexual orientation as having a preference for homosexuality, heterosexuality or bisexuality. Turn to Bill, Page 2 Bill Signing may end phone calls about gay rights From Page 1 One reason the governor is signing the bill, Kraus said, is because if discrimination based on sexual preference were not prohibited, a landlord or employer could inquire about an applicant's sexual habits. "This would be a totally unwarrant- ed invasion of privacy," Kraus said. office have been busy much of the time since Fri- day, when Christian radio stations in Milwaukee and Madison broadcast messages about the bill. Calls inspired by the stations were overwhelming- ly against the bill. Later, a Madison listener-run station counterat- tacked, generating calls predominantly in favor of The five public telephone lines to the governor's the bill. --- my 2124192 Phones ring on gay rights Madison More than 900 telephone calls about a homosexual anti-discrimination bill tied up the Gov. Dreyfus' phones and staff again Tuesday. it. There were 546 calls for the bill and 364 against The calls brought the three-day total to 1,902- 972 for and 930 against since two Christian radio stations, WNWC-FM in Madison and WVCY-FM in Milwaukee, publicized the bill, which passed the Legislature last week. Later, Madison's WORT-FM joined what Drey- fus' media coordinator, Sue Riordan, referred to as "the battle of the radio stations." Calls have been coming from all over the state, she said, prompted not only by the radio stations but by news stories about the calls, which began Friday. "It pretty well has tied us up," Riordan said, 5 MJ Gay rights issue keeps governor's phone ringing Madison, Wis. AP- The gover- nor's office is being deluged with telephone calls concerning a bill that would prohibit discrimination in housing and employment against homosexuals, aides to Gov. Dreyfus said Tuesday. William Kraus, Dreyfus' communi- cations aide, said the executive office had received hundreds of calls Friday after religious radio broadcasts in Madison and Milwaukee carried dis- cussions of the gay rights bill. bThe office said the calls ran about 350-20 against the bill. The staff got about 600 more calls Monday after, a University of Wis- consin campus clergyman and anoth- er Madison station issued opinions on the bill, and said the vote by compar- ison was almost 2-1 in favor of hav- ing Dreyfus sign the bill into law. Kraus said office telephones were just as busy Tuesday, with calls about evenly divided between sup- porters and opponents. "It is just a deluge. We are not get- ting anything else done around here," he said. would act on the bill as soon as possi- Kraus said he hoped that Dreyfus ble, if only to rescue the staff. Susan Riordan, another Dreyfus aide, said most opponents of the bill based their opposition on the Bible. Yet much of the favorable response has come from religious organiza- tions, she said. Rep. David Clarenbach (D-Madi- son), author of the bill, said that if Dreyfus signed the bill, Wisconsin would become the first state to "enact by statute an anti-discrimina- tion measure based on sexual orienta- tion." --- C7 2/22/82 Dreyfus signs sex preference bill By MATT POMMER Capital Times Staff Writer Gov. Lee Dreyfus today signed a bill prohibiting discrimination against people because of their sexual orien- tation. Wisconsin is the first state to have such a law. It bars discrimination in employment, housing, and public ac- commodations. Dreyfus said that he felt asking questions about sexual persuasion was a "totally unwarranted invasion of privacy," according to William Kraus, his communications director. A veto of the measure would have assumed that employers, landlords, and others could have asked those questions, according to Kraus. The governor was the object of an intense lobbying campaign on the issue. State Rep. David Clarenbach, D-Madison, said Dreyfus had come down on the "side of sexual privacy- that one person's lifestyle ought not to have anything to do with their em- ployablity or their right to rent an apartment. "I think it is consistent with that Re- publican principle of removing gov ernmental interference from the pri- Ivate lives of individuals and the pro- tection from discrimination of all mi- norities," said Clarenbach, the chief author of the bill. "The issue which he has decided fa- vorably on is not whether homosex- uality itself is admirable, but whether discrimination and bigotry can be tol- erated," added Clarenbach. Clarenbach said Wisconsin is the first state to have this type of law on the books, although three other states have executive orders by their gover- nors to do the same thing for employ- ment in the public sector. The bill passed the bill Assembly on a 49 to 45 vote and then was adopted by the State Senate on a voice vote after a motion to kill it failed, 19 to 13. The Senate tacked on an àmend- ment that prohibits requiring the use of affirmative action to implement the bill. --- MILWAUKEE SENTINEL Friday, February 26, 1982 Page 5, Part 1 Dreyfus explains gay rights backing **By Eldon Knoche Sentinel Madison Bureau Madison A person's right to privacy was cited Thursday by Gov. Dreyfus as his reason for signing into law a bill prohibiting discrimination against homosexuals in employment, Housing and public accommodations. "Discrimination on sexual prefer- ence, if allowed, clearly must allow inquiries into one's private life that go beyond reasonable inquiry and, in fact, invade one's privacy," he said. Since last Friday, Dreyfus' office has received more than 2,500 tele- phone calls about the bill. He acknowledged the controversy, saying he had been under "heavy pressure to veto it." However, the bill has "the support of a wide-ranging group of religious leaders, including the leadership of the Roman Catholic Church, several Lutheran synods and the Jewish community," Dreyfus said. "As one who believes in the funda- mental Republican principle that government should have a very re- stricted involvement in people's pri- vate and personal lives, I feel strong- ly about governmentally sanctioned inquiry into an individual's thoughts, beliefs and feelings," he said. At a news conference later, Drey- fus said Republican legislative oppo- sition to his proposal to increase the sales tax from 4% to 5% is soften- ing. He said the mood among GOP leg- islators, who for the past few weeks almost unanimously have opposed the tax increase is now, "We're not changing but we're listening." He said he views his trip around the state next week to hold 15 meet- ings with citizens as a run through a mine field. "If I get through safely, they'll fol- low," the governor said. In other comments, Dreyfus said: He is getting pressure to permit Wisconsin citizens to deduct individ- ual retirement account deposits from state income tax payments as the federal government allows. But "the dollars are not there to do that," he said, referring to the loss of revenue that would occur. Authority has done a superb job in The Wisconsin Housing Finance housing development in the state. Saying questions about the agen- cy's travel and other expenditures have caused concern, he noted he probably will go along with any changes in the authority's structure that the Legislature may send him. 1 --- ! ( ( ( 1981 Assembly Bill 70 -5- procedure. If the continuation of the agreement is not supported in any referendum, it shall be deemed terminated at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier. The commission shall declare any fair- share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any employe in the bargaining unit involved, and such agreement shall be made subject to the findings and orders of the commission. Any of the parties to such agreement or any employe covered thereby, may come before the commission, as provided in s. 111.07, and allege a violation of this provision. SECTION 21. 227.033 (1) of the statutes is amended to read: 227.033 (1) No rule, either in its terms or in its application, shall may discriminate for or against any person by reason of sex, race, creed, color, sexual orientation, national origin or ancestry. A rule which discriminates for or against any person by reason of physical condition or developmental disability as defined in s. 51.01 (5) shall be permitted only if that rule is strictly necessary to a function of the agency and is supported by data demonstrating that necessity. Every person affected by a rule shall be entitled to the same benefits and subject to the same obligations as any other person under the same or similar circumstances. SECTION 22. 230.01 (2) of the statutes is amended to read: 230.01 (2) It is the policy of the state and the responsibility of the secretary and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards. It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, handicap, sex, national origin, ancestry, sexual orientation or political affiliation. If there are substantial disparities between the proportions of members of racial, ethnic, gender, or handicap groups in a classified civil service classification in an agency and the proportions of such groups in this state, it is the policy of this state to take affirmative action which is not in conflict with other provisions of this subchapter to correct the imbalances and to eliminate the present effects of past discrimination. Gender group does not include any group discriminated against because of sexual orientation. It is the policy of the state to ensure its employes opportunities for satisfying careers and fair treatment based on the value of each employe's services. SECTION 23. 230.18 of the statutes is amended to read: 230.18 Political or religious affiliations; no discrimination. No question in any form of application or in any examination may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the administrator may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, handicap, race, color, sexual orientation national origin or ancestry except as otherwise provided. SECTION 24. 234.29 of the statutes is amended to read: 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, sexual orientation or creed, and that contractors and subcontractors engaged in the construction of housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation or creed. SECTION 25. 942.04 (1) (a) to (c) and (3) of the statutes are amended to read: 942.04 (1) Denies to another or charges another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex, race, color, creed, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (4s), national origin or ancestry; of (b) Gives preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin or ancestry; of (c) Directly or indirectly publishes, circulates, displays or mails any written communication which the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of sex, race, color, creed, physical condition, --- -6- developmental disability as defined in s. 51.01 (5), sexual orientation, national origin or ancestry or that 1981 Assembly Bill 70 the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons; or (3) No person, club or organization may refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, sexual orientation, national origin or ancestry, regarding the use of any private facilities commonly rented to the public. Violators of this subsection are subject to the penalties imposed by sub. (1). $ ( ( E --- LEE SHERMAN DREYFUS STATE OF WISCONSIN OFFICE OF THE GOVERNOR STATE CAPITOL MADISON. 53702 Mailing Address: P.O. Box 7863 Madison, WI 53707 -- Rep. Clarenbach Telephone Number (608) 266-1212 AB 70 prohibits discrimination in employment, housing and public accomodations based on sexual orientation. This bill has a controversial history and my office has been under heavy pressure to veto it. It also, however, has the support of a wide ranging group of religious leadership, including leadership of the Roman Catholic Church, several Lutheran synods and the Jewish community. I have decided to sign this bill for one basic reason, to protect one's right to privacy. As one who believes in the fundamental Republican principle that government should have a very restricted involvement in people's private and personal lives, I feel strongly about governmentally sanctioned inquiry into an individual's thoughts, beliefs and feelings. Discrimination on sexual preference, if allowed, clearly must allow inquiries into one's private life that go beyond reasonable inquiry and in fact invade one's privacy. --- No one ought to have the right and no one ought to be : placed in the position of having to reveal such personal information when it is not directly related to an overriding public purpose. Be certain to understand that the clear and stated intent expressed by the Legislature is that this policy will not require affirmative action or quotas. That was vital to my decision to sing this bill. I was also influenced by the fact that Madison,.Dane County and the City of Milwaukee have ordinances similar to this legislation. The problems associated with them, which many predicted, just have not arisen. Let me firmly state that this restriction on discriminatory actions or decisions does not imply approval or encouragement any more than the restriction on discrimination because of a religion or creed implies approval or encouragement of certain religions or creeds. As to the relationship of this subject to the process of education, I feel very strongly that one's sexual preferences, either homosexual or heterosexual, have absolutely no place for expression in our classrooms generally, and should not be tolerated. --- 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 eliminating 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 discrimi- nation 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 and Psychiatric Associations, American Federation of Teachers and National Education Association, the National Council of Churches, the American Jewish Committee, National Federation of Priests council, the Lutheran Church of America, and several dioceses of both the Episcopal and --- David Clarenbach Page 2 Catholic Church, including the Archdiocese of Milwaukee. 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. These fears seem excessive and irrational. There are, after all, laws, regulations and rules that cover misconduct by all persons, homo- sexual or heterosexual - sanctions to deal with molesters; with teachers who preach 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. The right of private sexual preference among adults should be considered inherent. And as long as someone does not impose this sexual preference on others, he or she should be guaranteed the basic human right to live without harassment or discrimination. 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 protection against discrimination is just as real. Earlier this year, Dean Wycoff speaking for the Moral Majority in California, said that he believed murder, homosexuality and other unspecified sins merit capital punishment. The state of Wisconsin needs to grant homosexuals, as we have other minorities, that extra protection to realize basic rights that most take for granted. ---