Legislative Scorecard -- Bills in Brief
HJR 4: Definition of Marriage
Lesbian & Gay Rights
One of our major successes this session was the defeat of the proposed constitutional amendments to define marriage as only between one man and one woman (commonly referred to as the Defense of Marriage Act, or "DOMA"). The first version of this legislation, HJR 29 (which included a ban on providing benefits to same sex couples), came to the House floor for a vote. Because there were not enough votes to ban benefits, after procedural maneuvering, the House voted 32-28 to "table" the bill, which killed that version. The proponents of HJR 29 responded to its defeat by amending a similar bill, HJR 4, removing the benefits provision and sending it out of committee. We opposed the watered-down DOMA because it would have added a section to the Oregon Bill of Rights requiring discrimination against gays and lesbians with regard to marriage. Nevertheless, the House approved it. The bill finally reached the Senate floor the day before the session ended where it was defeated by a narrow margin. The rumor was that House Speaker Lynn Snodgrass reportedly refused to move any legislation out of the House until the Senate voted on the bill. ACLU urged "NO" Vote on HJR 4. Passed the House (32-26), but failed in the Senate (16-13).
HJR 91: "Spawn of 40" -- Search &
Seizure
Criminal Justice
Following the Oregon Supreme Court's invalidation of Measure 40, the so-called "victims' rights" measure of 1996, its proponents were back before the legislature with 8 similar constitutional amendments originally approved by voters. Led by Rep. Kevin Mannix (R-Salem), the proponents argued that the Legislature should place all 8 measures on the ballot without examining them closely because the voters wishes had been overturned by the Court on a "technicality." We argued that the legislature had no obligation to refer any of the measures to the ballot unless they agreed that the policies in the measures were worth enshrining in the Oregon Bill of Rights. The most hotly contested of the proposals was HJR 91, which would have essentially repealed the Oregon Bill of Rights protection against unreasonable searches and seizures. ACLU Urged "No" Vote on HJR 91. Passed the House (35-24), but failed in the Senate (11-19).
HJR 92: "Spawn of 40" -- Non-Unanimous
Juries in Murder Cases
Criminal Justice
Another of the "Spawn of 40" proposals that drew some opposition was HJR 92, which would allow convictions in murder cases by an 11-1 jury verdict. Oregon is one of only a handful of states which currently allows convictions for most felonies by less than unanimous juries. The exception has been in murder cases which currently require a 12-0 vote to convict. By extending the non-unanimous rule to murder cases, we would join only one other state, Louisiana, in repealing the non-unanimous jury standard for murder. ACLU urged "No" vote on HJR 92. Passed the House (39-20) and the Senate (19-10). (Proposed constitutional amendments bypass the Governor and go directly to the ballot to be approved or rejected by the voters.)
HB 2633: Parental Notification of Abortions
Reproductive Freedom
Another perennial issue in the Legislature is the attempt to limit the access of young women to abortion services. This year, a parental notification bill made it all the way to the Governor's desk despite our opposition and that of other members of the pro-choice coalition. The bill had numerous constitutional flaws. Federal court rulings on notification laws from other states have held that such laws must have confidential judicial review procedures available for young women who object to their parents being notified. Because Oregon's Constitution requires all courts to be open to the public, a judicial bypass in Oregon would not be confidential. HB 2633 attempted to avoid the open court requirement by allowing a minor to seek an "administrative" bypass through state or local public health authorities. The bill denied young women the right to appeal an adverse ruling. Because any other administrative ruling in Oregon can be appealed, we argued that denying it in parental notification cases would violate the Oregon Constitution. Despite this, and the Governor's promised veto, the proponents, led by Right to Life, pushed the bill forward. The proponents' goal was apparently to force legislators to vote with them or against them in order to compile voting records to be used in upcoming elections. ACLU urged "No" Vote on HB 2633. Passed the House (34-25) and the Senate (16-14). Governor vetoed.
SB 1330 Crime of "Partial Birth Infanticide"
Reproductive Freedom
Another unconstitutional anti-abortion bill that got farther than ever before was SB 1330, which would have created the crime of "partial-birth infanticide." The focus of this attack was doctors, who would have faced up to six months in jail, fines, and revocation of their license to practice medicine for up to five years. As with similar bills approved in other states, the definition of the "partial birth" procedure was so broad and vague that doctors performing live births, as well as those providing abortion services, would not have known what they could and couldn't do in order to avoid violating the law. The bill was supported by the Christian Coalition and championed by Sen. Marilyn Shannon (R-Brooks). House Speaker Lynn Snodgrass, although well known for her conservative social views, bowed to pressure from House moderates and refused to let the bill reach the House floor. ACLU urged "No" Vote on HB 2633. Passed the Senate (18-11), died in House Committee.
HJR 2: Constitutional Amendment Restricting Nudity
Free Expression
Introduced by Rep. Kevin Mannix (R-Salem), HJR 2 would have amended the Oregon Bill of Rights to allow state and local governments to ban nudity in public places or establishments. Rep. Mannix argued the measure was needed to allow the banning of nude dancing. Joining us in opposing the bill was the American Association for Nude Recreation, a loose coalition of nudist colonies, which also would have been affected. Although HJR 2 passed the House, it died in the Senate Judiciary Committee. (Actually, if you check the records carefully, you'll find that it was subsequently "gutted and stuffed" with an entirely different bill which passed both chambers). ACLU urged "No" Vote on HJR 2. Passed the House (32-21), died in Senate Committee.
HJR 52: Zoning of "Sexually Oriented"
Businesses
Free Expression
Introduced by freshman Rep. Rob Patridge (R-Medford), HJR 52 would amend the Oregon Bill of Rights to allow cities and counties to implement zoning restrictions against "sexually oriented" businesses. We opposed this measure because it is overbroad and will open the door for more dangerous censorship measures by weakening Oregon's protection for free expression. We also believe it is unnecessary because cities and counties currently have the power to deal with any business that creates an actual nuisance. In addition to Rep. Patridge, proponents included the City of Portland and the League of Oregon Cities. Two minor changes were made by the Senate in response to our testimony. ACLU Urged "No" Vote. Passed House (48-11) and Senate (20-7). Will appear on the November, 2000 ballot.
SB 751: School Uniforms
Student Rights
Introduced by Sen. John Lim (R-Portland), this bill would have encouraged school districts to implement "school uniform" policies (schools currently have this authority). We originally opposed the bill because it failed to require districts to provide assistance to low-income families or to provide an "opt-out" provision for parents who did not want their child to wear a uniform. While it was amended to include a parental opt-out provision, an amendment on the low-income family issue was defeated in committee. After we lobbied House members, the bill failed on the first vote but was reconsidered the next day and passed. We urged the Governor to veto the bill and he did, in part, because of our objections. ACLU urged "No" Vote. Passed the House (31-27) and Senate agreed to House amendments, and repassed the bill (18-10). Governor vetoed.