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by Jim Day
Many Missouri legislators are attempting
to make homosexuals a special protected class of people under
Missouri's civil rights laws.
On February 28, the media, legislators,
homosexual activist leaders and homosexuals, as well as pro-family
group leaders and individuals filled the basement hearing room
of the state capitol in Jefferson City. They were assembled before
the Civil Administrative Law Committee to voice their support
of or opposition to House Bill 712, which will amend Missouri's
anti-discrimination statutes to include "sexual orientation."
The bill defines sexual orientation as anyone who is "heterosexual,
homosexual or bisexual by inclination, practice, identity, or
expression, or having a self image or identity not traditionally
associated with one's maleness or femaleness." ("Self
image" was admitted during testimony to mean transgendered
homosexuals.)
Two of the primary areas of discrimination,
which the bill covers are employment practices (hiring, firing
and compensation/benefits) and housing practices (renting, selling,
leasing or providing lodging - including advertising with respect
to the sale or rental that indicates any preference, limitation
or discrimination).
The bill also empowers Governor Holden's
Commission on Human Rights (HRC) to, among other things, "promote
goodwill and minimize or eliminate discrimination" in the
areas covered by this legislation. In essence, one could say
that this could be interpreted as putting the state in the business
of promoting homosexuality. This is particularly noteworthy since
this bill clearly impacts public schools and Missouri based Boy
and Girl Scout organizations.
Challenges to the Legislation
Representative Richard Byrd from the
94th district raised several poignant concerns. In addressing
the attorney for the HRC who spoke in favor of the bill, Byrd
pointed out that according to Missouri's sexual misconduct laws,
sodomy - even consensual sex between adults of the same sex -
is still a crime in Missouri. He then raised the question as
to why the legislative sponsors of the bill were trying to pass
a bill to provide special protections to a class of people who,
by definition of their group, were breaking the law? The attorney
for the HRC stated that he believed a Missouri Supreme Court
case had rescinded that part of the law pertaining to consensual
sex between adults of the same gender.
Byrd however informed him that just the
opposite was the case and that in 1986 the Missouri Supreme Court,
in Missouri v. Walsh (713 S.W.2d 508), had ruled that Missouri's
sodomy laws - particularly in relation to consensual sex between
same sex partners - were constitutional.
Other questions raised by opponents of
the bill included; Since the bill covers all establishments of
public accommodations (restaurants, hotels, theaters, state offices,
etc.), what happens when someone who has a self image of being
one sex decides to stroll into a public rest room of the opposite
sex? Will that mean anyone objecting to such an action stands
the risk of being cited for "sexual discrimination"?
Or, what about male inmates who decide they would rather think
of themselves as being female? Will the state be forced to transfer
them to a female prison?
Although section 213.065 of this bill
states that the provisions of this bill "shall not apply
to a private club, a place of accommodation owned by or operated
on behalf of a religious corporation, association or society"
the bill says nothing about excluding individuals with sincerely
held religious beliefs. In fact just the opposite is true. Anyone
who believes that homosexuality is a sin and does not wish to
rent to same-sex couples or hire someone who is homosexual, bisexual
or transgendered - won't have a choice. And, according to this
law, the state will have every right to force them to violate
their beliefs! This of course will affect every Protestant, Catholic,
Muslim and person of the Jewish faith whose doctrine stands opposed
to homosexual behavior.
Defending the Legislation
Those who spoke in defense of the legislation
included a number of civil rights activists, college students
and Jeff Wunrow, Executive Director of PREP (Privacy Rights Education
Project). PREP, headquartered in St. Louis, is one of the state's
most active gay rights advocacy groups. Their arguments of course
were stereotypical of what homosexual activists have used throughout
the country to advance their agenda and included attempts to
compare their alleged struggles with those faced by African Americans
during the civil rights movement, individual testimonies decrying
discrimination and pleas for fairness and equal rights.
Representative Barbara Fraser of the
83rd district (one of the many sponsors of the bill) even used
one of the movement's more popular religious arguments when she
attacked Kerry Messer, President of Missouri Family Network,
who presented testimony against the bill.
Fraser asked Messer why he would oppose
a bill that would guarantee equal rights prohibiting discrimination
when his organization was composed of religious supporters and
churches - especially when the greatest commandment is to love
thy neighbor. Had Fraser allowed Messer to respond (which she
didn't) he would have informed her that "Yes, we are commanded
to love our neighbor - as we love ourselves. We are also instructed,
as Christians, to 'love the sinner, yet hate the sin.' However,
promoting and sanctifying the homosexual lifestyle, which is
not only spiritually destructive but also physically destructive
to those who choose to engage in such behavior, is not loving
your neighbor. In fact, it is just the opposite. Condoning or
sanctifying such behavior is diametrically opposed to Scripture
and tells those involved in the lifestyle that you don't care
if they burn in hell for eternity or die a painful, agonizing
death from A.I.D.S or some other sexually transmitted disease.
At press time it was not known whether
or not HB 712 had been voted out of committee, but we will keep
our eye on this bill.
Kirkwood Students Join PREP
to Lobby
In a related situation, as mentioned
in last month's MetroVoice, students from Kirkwood High School's
Gay-Straight Alliance Club, led by their Principal and chief
sponsor, Franklin McCallie, took a little field trip to Jefferson
City on February 21st to lobby for HB 712.
For those who are not aware, Kirkwood
High now has a "club" for students who are gay or straight
with 6 teacher sponsors. Activists from GLSEN (the Gay, Lesbian,
Straight Educational Network), PREP and Growing American Youth
met with the students to help start the club in early January
of this year. The number of students who belong to the club or,
who have at least attended meetings, varies depending upon whom
you ask. It would appear that the club has at least 8 or 9 core
members with anywhere from 15 to 24 students who have attended
at least one meeting. Sponsors of the club include: Kirkwood
High School Principal Franklin McCallie; Guidance Counseling
Department Chairman, Adele Hayes; guidance counselor Pamela Hughes,
social studies teachers Phil McFarland and Andrew Johnson; and
Franklin McCallie's wife, Tresa, who is the Director of the Kirkwood
School District Parents as Teachers Program.
The club's field trip on February 21st
was not what most people would consider an ordinary school outing.
Nine students from Kirkwood High took a school bus to Frontenac
Plaza early that morning where they were joined by 3 students
from 3 other local schools and some 24 adult members of PREP.
From there, the group took the bus to Jefferson City were they
gathered in the capitol rotunda with students, activists and
sponsors from other schools around Missouri - including Springfield
and Kansas City. The students were then trained by PREP on how
to lobby, what they were suppose to lobby for, supplied handout
materials, broken into small groups and whisked off to lobby
state lawmakers.
What the kids were told to lobby for
was HB 712. They also lobbied for bills eliminating that part
of Missouri's sodomy laws which criminalize sex between adults
of the same gender.
When asked whether or not he knew that
the kids were going to be lobbying to do away with part of Missouri's
sodomy laws, McCallie stated that he did indeed know what the
kids were going to be lobbying for and said that he himself had
lobbied to do away with that part of Missouri's sodomy laws which
prohibit consensual sex between adults of the same gender. He
also related that he thought gays needed to have protections
from being denied insurance and visitation rights in hospitals
and said that he had also lobbied for same-sex marriages or,
in his words, "same-sex unions." McCallie stressed
that legislators didn't like the word "marriage" but
liked to use the term "unions" instead.
Note: Many thanks to Heather
Summers for her report on the HB712 committee meeting.
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