Indiana State Legislature

Senate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

Prohibits gender affirming care for any individual under 18 years of age, including to “alter the gender of the minor or delay puberty.” Provides disciplinary actions that may be taken toward healthcare providers including revoking licenses and subjecting them to civil liability.

Senate Bill 480
Authored by Sen. Tyler Johnson.
Co-Authored by Sen. Gary Byrne, Sen. Stacey Donato, Sen. Blake Doriot, Sen. Mike Gaskill, Sen. James Buck, Sen. Aaron Freeman, Sen. Jeff Raatz, Sen. Andy Zay, Sen. Greg Walker, Sen. Mark Messmer, Sen. Jack Sandlin, Sen. Linda Rogers, Sen. James Tomes, Sen. Rick Niemeyer, Sen. Brian Buchanan, Sen. Scott Alexander, Sen. John Crane, Sen. Michael Young.

DIGEST
Gender transition procedures for minors. Prohibits a physician or other practitioner from knowingly providing gender transition procedures to an individual who is less than 18 years of age (minor) that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Establishes civil enforcement actions.

Actions for Senate Bill 480
S 02/27/2023 Amendment #4 (Yoder) failed; Roll Call 165: yeas 12, nays 37
S 02/27/2023 Amendment #7 (Brown L) prevailed; voice vote
S 02/27/2023 Second reading: amended, ordered engrossed
S 02/23/2023 Senator Young M added as coauthor
S 02/23/2023 Committee report: amend do pass, adopted
S 02/21/2023 Senator Charbonneau added as second author
S 01/30/2023 Senator Crane added as coauthor
S 01/23/2023 Senator Ford Jon removed as coauthor
S 01/19/2023 First reading: referred to Committee on Health and Provider Services
S 01/19/2023 Coauthored by Senators Byrne, Donato, Doriot, Gaskill, Buck, Ford Jon, Freeman, Raatz, Zay, Walker G, Messmer, Sandlin, Rogers, Tomes, Niemeyer, Buchanan, Alexander
S01/19/2023 Authored by Senator Johnson

Link to PDF file of introduced bill: SB0480.01.INTR

Continue ReadingSenate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

House Bill 1338: Don’t Say Gay (or Race) Bill

UPDATE: The House passed a similar bill House Bill 1608 – that targets just LGBTQ students and topics in public schools and allow mandates bullying of students by other students and staff, also mandating outing gender non-conforming students to their parents. HB 1608 was passed to the Indiana Senate.

Prohibits teaching information about sexual orientation, gender identity, or race at any ‘state educational institution’ which appears to cover not just K-12 but also higher education. Includes any mandatory training about equity, diversity and inclusion regarding women’s issues, sexual orientation, gender identity, and race: “shall not promote in any course certain concepts related to race or sex.” Also prohibits teaching historical context of racism, sexism, and LGBTQ discrimination in classes in both K-12 and higher education.

House Bill 1338
Introduced House Bill (H)
Authored by Rep. Shane Lindauer.

DIGEST
Education matters. Provides that a teacher, administrator, or other employee of a school corporation or charter school shall not promote in any course certain concepts related to race or sex. Provides that a state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. Provides that a state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex. Provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is established or administered by: (1) a school corporation; (2) a public school; (3) a state accredited nonpublic school; (4) the department of education (department); or (5) a third party vendor of a school corporation, a school, or the department; without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor. (Current law provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student’s attitudes, habits, traits, opinions, beliefs, or feelings concerning certain matters without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor.) Establishes certain requirements regarding contracts or agreements with third party vendors to: (1) collect or share information from a student personal analysis, evaluation, or survey; or (2) provide software or software tools that can be used for data collection, analysis, evaluation, or survey of a student.

Actions for House Bill 1338
H 01/17/2023 First reading: referred to Committee on Education
H 01/17/2023 Authored by Representative Lindauer

Link to downloadable PDF of Introduced bill HB1338.01.INTR

The racist/Sexist part of the bill is here:

Sec. 1. In accordance with IC 20-33-1-1, a teacher, administrator, or other employee of a school corporation or charter school shall not promote the following concepts in a course:
(1) A particular race or sex is inherently superior to another race or sex.
(2) An individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
(3) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex.
(4) An individual’s moral character is necessarily determined by the individual’s race or sex.
(5) An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
(6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race or sex.
(7) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race.

Sec. 2. The state board shall adopt rules under IC 4-22-2 necessary to implement this chapter.

SECTION 4. IC 21-41-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:

Chapter 13. Dignity and Nondiscrimination in Postsecondary Education
Sec. 1. A state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. However, voluntary counseling is not prohibited.
Sec. 2. A state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex.

Continue ReadingHouse Bill 1338: Don’t Say Gay (or Race) Bill

House Bill 1232 – Denying child protective services to abused transgender children

UPDATE 02/13/2023 – A similar bill House Bill 1407, passed through the House and was referred to the Senate.

House Bill 1232 would deny Child Protective Services the means to remove psychologically or physically abused transgender children from their parents homes.

House Bill 1232
Introduced House Bill (H)
Authored by Rep. Ryan Lauer.
Co-Authored by Rep. Michelle Davis.

DIGEST
Child removal and gender identity. Provides that the department of child services may not classify a report of child abuse or neglect as substantiated, and a child may not be removed from the child’s parent, guardian, or custodian, solely on the basis of the parent, guardian, or custodian: (1) referring to and raising the child consistent with the child’s biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child’s perception of the child’s gender or sex in a manner inconsistent with the child’s biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child’s perception of the child’s gender or sex if the child’s perception is inconsistent with the child’s biological sex.

Actions for House Bill 1232
H0 1/12/2023 Representative Davis M added as coauthor
H 01/10/2023 First reading: referred to Committee on Family, Children and Human Affairs
H 01/10/2023 Authored by Representative Lauer

Link to PDF File of Introduced Bill: HB1232.01.INTR

News References:

Source: Herald Bulletin
Feb 9, 2023
GOP advances ‘parental rights’ bill targeting DCS policies for transgender children

Source: The Herald Bulletin Editorial Board
Feb 9, 2023
Editorial: Legislature resumes attack on LGBTQ kids

Continue ReadingHouse Bill 1232 – Denying child protective services to abused transgender children

House Bill 1231 – Civil Penalties for Gender Affirming Care

HB-1231 allows civil penalties for doctors who provide gender affirming medical care to young people, and bars health insurance companies from covering gender affirming care for young people (generally, insurance companies don’t cover currently cover surgeries for minors).

House Bill 1231
Introduced House Bill (H)
Authored by Rep. Ryan Lauer.
Co-Authored by Rep. J.D. Prescott, Rep. David Abbott.

DIGEST
Gender transition procedures for minors. Prohibits specified health care professionals from providing gender transition procedures to a minor that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Prohibits public funds, Medicaid, or a health carrier from providing reimbursement or coverage for gender transition procedures to a minor. Creates a civil cause of action. Makes conforming changes.

Actions for House Bill 1231
H 01/19/2023 Representatives Prescott and Abbott D added as coauthors
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Authored by Representative Lauer

Link to PDF File of Introduced Bill: HB1231.01.INTR

Continue ReadingHouse Bill 1231 – Civil Penalties for Gender Affirming Care

House Bill 1220 – Prohibiting Gender Affirming Care

Authored by Rep. Michelle Davis, HB-1220 Prohibits gender affirming care for young people under the age of 18. No attempt at differentiation between care for precocious puberty from transgender healthcare seems to be written into this bill. It’s possible children with precocious puberty could get swept up in this care denial. Considering kids with PP are the bulk of patients receiving puberty blockers, it will be interesting how they attempt to force clinical disclosure of the reason why blockers are prescribed.

House Bill 1220
Introduced House Bill (H)
Authored by Rep. Michelle Davis.
Co-Authored by Rep. Dale DeVon, Rep. Jake Teshka, Rep. Chris Judy.

DIGEST
Gender transition procedures for minors. Prohibits a physician or other practitioner from knowingly providing gender transition procedures to an individual who is less than 18 years of age (minor) that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Establishes civil enforcement actions.

Actions for House Bill 1220
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Coauthored by Representatives DeVon, Teshka, Judy
H 01/10/2023 Authored by Representative Davis

Link to PDF of introduce version of the bill: HB1220.01.INTR

Continue ReadingHouse Bill 1220 – Prohibiting Gender Affirming Care

House Bill 1118 – Criminalizing Gender Affirming Care

Authored by Rep. Lorissa Sweet, HB-1118 Defines gender affirming care as a form of conversion therapy and defines criminal penalties for parents and medical providers who affirm the self-identify of their transgender children.

Related House bills: House Bill 1220, House Bill 1231, House Bill 1589.
Related Senate bill: Senate Bill 480, which is moving in the Senate.

HOUSE BILL No. 1118
Introduced House Bill (H)
Authored by Rep. Lorissa Sweet.
Co-Authored by Rep. Zach Payne.

Prohibited services relating to care of minors. Prohibits specified health care professionals from: (1) performing, or causing to be performed, certain medical procedures on a minor; or (2) subjecting a minor to certain activities that purposely attempt to change, reinforce, or affirm a minor’s perception of the minor’s own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor’s gender identity when the identity is inconsistent with the minor’s biological sex.

ACTIONS:
H 01/12/2023 Representative Payne Z added as coauthor
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Authored by Representative Sweet

Explanation of State Expenditures:

The bill would result in an increase in workload for the Department of Child Services (DCS) to investigate reports of health care professionals providing prohibited services under the bill to minors and refer cases to law enforcement. The Professional Licensing Agency (PLA) and applicable licensing boards may also experience additional workload to take disciplinary action against practitioners who are alleged to have violated the requirements of the bill. If health care professionals are convicted on felony charges under the bill, the Department of Correction (DOC) would incur additional costs for incarceration. Ultimately, total additional expenditures resulting from the bill will depend on legislative, administrative, and judicial decisions.

Additional Information:
A health care professional who violates provisions of the bill that prohibit certain medical procedures would commit a Level 5 felony. A Level 5 felony is punishable by a prison term ranging from 1 to 6 years, with an advisory sentence of 3 years. The sentence depends on mitigating and aggravating circumstances. The average expenditure to house an adult offender was $27,185 annually, or $74.43 daily, in FY 2022. (This does not include the cost of new construction.) If offenders can be housed in existing facilities with no additional staff, the marginal cost for medical care, food, and clothing is approximately $4,456 annually, or $12.21 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost of housing a juvenile in a state juvenile facility was $130,547, or $357.42 daily, in FY 2022. The marginal cost for juvenile facilities was $5,125 annually or $14.04 daily

The entire Level 5 sentence may be suspended and the person placed on either probation or community corrections. If no time is suspended, the offender can receive good time credit of 25% and educational credit time. After adjusting for credit time, the offender can be released from prison and placed on parole.

Explanation of State Revenues:
If civil actions are brought against health care professionals, the state General Fund and Common School Fund could collect additional revenue from court fees and criminal fines. Additionally, the PLA and applicable licensing boards could impose fines against violating practitioners, which would be deposited in the state General Fund. However, Licensing boards could also take action against a practitioner’s license, resulting in reduced state General Fund revenue from license fees. The bill’s overall impact on revenue will ultimately depend on administrative and judicial decisions.

Additional Information:

Penalty Provision:
If additional court cases occur and fines are collected, revenue to both the Common School Fund and the state General Fund would increase. The maximum fine for a Level 5 felony is $10,000. Criminal fines are deposited in the Common School Fund. The maximum fine for a Class A misdemeanor is $5,000.

If the case is filed in a circuit or superior court, 70% of the $120 criminal costs fee that is assessed and collected when a guilty verdict is entered would be deposited in the state General Fund. In addition, some or all of the following revenue is deposited into the state General Fund: automated record keeping fee ($20), judicial salaries fee ($20), public defense administration fee ($5), court administration fee ($5), judicial insurance adjustment fee ($1), and the DNA sample processing fee ($3).

Disciplinary Action:
The PLA may impose fines of up to $1,000 against practitioners who violate laws governing their profession. Revenue from fines is deposited in the state General Fund. Biennial license fees for the practitioners named in the bill range from $50 to $200 and are deposited in the state General Fund.

Explanation of Local Expenditures:
If more defendants are detained in county jails prior to their court hearings or receive jail sentences, local expenditures for jail operations may increase. However, any additional expenditures would likely be minimal. [A Class A misdemeanor is punishable by up to one year in jail.] County-owned hospitals could experience additional legal costs if they become involved in litigation against health care professionals practicing at their facilities.

The average cost per day is approximately $64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county jails across Indiana during CY 2021.

Explanation of Local Revenues:
If additional court actions occur and a guilty verdict is entered, local governments would receive revenue from the following sources. The county general fund would receive 27% of the $120 criminal costs fee that is assessed in a court of record. Cities and towns maintaining a law enforcement agency that prosecutes at least 50% of its ordinance violations in a court of record may receive 3% of the criminal costs fee. Persons found guilty of a felony or misdemeanor are also required to pay the document storage fee ($5), which is deposited into the clerk record perpetuation fund, and the jury fee ($2) and the law enforcement continuing education fee ($4), which are both deposited in the county user fee fund.

State Agencies Affected:
Department of Child Services; Professional Licensing Agency; Department of Correction.

Local Agencies Affected:
Trial courts; local law enforcement agencies.

Information Sources:
Margaux Auxier, Department of Correction; IC 35-50-2-7; IC 35-50-3-2; Legislative Services Agency, Indiana Handbook of Taxes, Revenues, and Appropriations, FY 2022; U.S. Department of Justice Marshals Service.

Fiscal Analyst:
Jasmine Noel, 317-234-1360.

Link to introduced version of the bill: HB1118.01.INTR

Continue ReadingHouse Bill 1118 – Criminalizing Gender Affirming Care

Indiana lawmakers to consider ‘don’t say gay’ legislation in 2023

Of course they are.

From the Indianapolis Star:

Indiana lawmakers to consider ‘don’t say gay’ legislation in 2023
Arika Herron
Indianapolis Star

A controversial proposal to restrict discussion of sexual orientation or gender identity in schools may be heading to Indiana.

During a legislative conference Friday, an Indiana lawmaker said that a version of Florida’s “Don’t Say Gay” bill was being drafted for the upcoming legislative session.

Rep. Bob Behning, an Indianapolis Republican and chair of the House education committee, was speaking during a panel discussion with other legislative leaders previewing some of the educational issues that will be addressed by the legislature when the Indiana General Assembly convenes in January.

More:Legislative leaders brace for mild recession ahead of budget-writing session

He said one of his colleagues would file legislation “similar to what Florida did in regards to sexual orientation.”

Behning would not share the name of the lawmaker carrying the bill. He said he did not yet know if the bill would come to his committee or if he would support such a measure.

It’s unclear how much support “Don’t Say Gay” style legislation would have among legislative leaders, who struggled to coalesce their members around a position on similar issues last session and have seemed interested in turning attention toward workforce and economy issues after the past summer’s special session to pass a near-total ban on abortion in the state.

He did say he supports the general principle of parental rights in education, a concept used to drive other controversial measures last legislative session such as bills to restrict what teachers could say in the classroom about race, politics and history.

“Let’s teach kids the basics and not try to get beyond that in terms of what are parental responsibilities versus what are responsibilities of the school,” he said.

The Florida bill, formally titled Parental Rights in Education, was signed into law last spring. The measure bans classroom instruction by school personnel or third parties on sexual orientation or gender identity in kindergarten through third grade.

It also prohibits such teaching in a manner that is not age-appropriate or developmentally appropriate for students, which potentially broadens the ban on discussions to all grade levels.

Parents can sue school districts over alleged violations.

The bill sparked national outrage and concerns about the impact it would have on LGBTQ students for whom schools may be the only place they can speak openly on LGBTQ issues.

A spate of other states has already followed in Florida’s footsteps. In 18 other states, lawmakers attempted similar legislation last year.

Gov. Eric Holcomb said on Friday afternoon that the bill was not on his agenda.

Bill is a ‘gut punch,’ LGBTQ advocates say

LGBTQ advocates in Indiana said they were bracing for the bill to be introduced in the Hoosier state but it was still a “gut punch,” said Chris Paulsen, chief executive officer of the Indiana Youth Group. IYG serves LGBTQ+ youth, providing a safe space, supporting self-empowerment and advocating for affirming communities.

“The damage even having the bill introduced will cause to young people is immeasurable,” Paulsen said. “We will see youth die by suicide because of this. I think it’s that dire and I’m sad that lawmakers don’t realize their actions have really bad consequences, even if the bill doesn’t pass.”

Paulsen said that LGBTQ+ youth often struggle with their mental health, particularly when they don’t have a safe and affirming space. One in four young people are kicked out of their homes when they come out to their families, she said and two of three still in their homes after coming out feel unsafe. Last year, the group served 440 LGBTQ+ youth that were in need of food, housing or clothing assistance. School may be the only safe and affirming place for some LGBTQ+ young people.

Culture wars here to stay at Statehouse

The mention of a “Don’t Say Gay” bill in Indiana is raising concerns that the legislative session will be dominated by culture war issues for the second year in a row. Bills targeting discussions of race and history in classrooms, sexually-explicit content in school library books and transgender students participating in school sports drew protests and prompted hours-long hearings dominated largely by those opposed to the measures.

Sen. J.D. Ford, an Indianapolis Democrat and the Statehouse’s first openly gay member, said the Florida bill was divisive and urged lawmakers to keep culture war issues at bay.

“We have so many more priorities in our state to deal with,” he said, “I don’t think that rises to the level of importance.”

Behning said he did not know legislation similar to the “anti-CRT” or “divisive concept” bills that failed last year would come back but does expect a bill banning books with sexually-explicit content from school libraries to come back.

Continue ReadingIndiana lawmakers to consider ‘don’t say gay’ legislation in 2023

2019 Indiana State Legislature: the Good, the Bad, and the Ugly

Source: Indiana Senate Democrats – The Good, the Bad and the Ugly: 2019 Edition

The Ugly

Bias Crimes

This session, Governor Holcomb made it a priority to pass bias crimes legislation. With the governor’s support, Senate Democrats were confident that Indiana would finally get a comprehensive bias crimes law on the books. Sen. Greg Taylor (D-Indianapolis) worked with the Republican author of SB 12, the bias crimes bill chosen to advance in the Senate, to get a clear, concise proposal containing a list of protected characteristics, passed out of the Senate Committee on Public Policy. Once the bill reached the floor, however, the Supermajority removed the list from the bill’s language. Despite protests by the Democratic caucus, Republicans chose to advance the watered down bill. After receiving backlash, however, Republicans took a different route, amending bias crimes language into an unrelated SB 198. Though the language included a list of protected classes, it left out age, sex and gender identity. Democrats fought to get these important characteristics added back into the bill with no success. Governor Holcomb, who promised to pass an inclusive and comprehensive bias crimes bill, mysteriously had a change of heart and decided that a non-inclusive bill that was ageist, sexist and transphobic was sufficient and signed the bill into law once it reached his desk.

All Democratic amendments removed from budget

Every single item that Senate Democrats have fought for over the past four months was removed from the budget in the final days of session. The Democratic Caucus fought to pass legislation that would improve the lives of Hoosiers and every one of our efforts was eliminated. Those efforts included protecting the Lake Michigan shoreline from erosion, providing adoption subsidies for foster parents to keep kids out of foster homes, relief for Hoosiers unable to pay interest fees on property taxes and funding the Mortgage Foreclosure Program requested by Indiana’s Supreme Court to help Hoosiers not lose their homes.

Shifting funding away from public education
The Statehouse Republican budget prioritizes private and voucher schools over public schools. Many schools in urban or poorer communities saw cuts to their complexity funding, and many of those that saw their total dollars increase, still did not receive increases that match the inflation rate. Moreover, funding for private and charter schools saw large increases, sometimes as much as 10 percent.

No teacher pay raises

This year, the General Assembly appeared to be in agreement that raising the salary of Indiana teachers was a priority. Despite that, only Indiana Democrats actually drafted and fought for legislation that would allocate new dollars to accomplish this goal. SB 399, drafted by Sen. Eddie Melton (D-Gary), was the only legislation drafted that would provide school corporations with a grant that would be used to specifically to raise teacher pay. The bill would have granted a 5% increase to teacher pay over the biennial, but it died without ever being given a committee hearing. Sen. Melton again attempted to ensure that a guaranteed teacher raise, offering an amendment to the budget with the same language included in his SB 399; it was defeated along party lines. Another Senate Democratic amendment to the budget would have placed a tax on cigarettes and mandated that some of the proceeds be used to raise teacher pay. The amendment was also defeated along party lines.

Attempt to legalize the shooting of teachers

In March, Indiana made national news when several news articles reported that teachers were left with bruises and welts after being shot with rubber pellets during school shooting simulations. To address this issue, language was added to Senate Bill 1253 that would require teachers to consent to being pelted during training. This came after language, added in committee, banning the practice altogether was removed from the bill. Unfortunately, the new proposal requiring teachers to consent failed to become law after Republican author Representative Jim Lucas stopped it from progressing due to other changes in the bill — changes that would have mandated training for all teachers who planned to carry firearms in schools.

Discrimination in publicly-funded private schools

Sen. J.D. Ford filed a bill this session, SB 344, and also offered an amendment to the budget to bar private schools receiving state voucher funds from discriminating against their students, staff and teachers. Both his bill and his amendment were defeated by the supermajority. Sen. Ford fought for this language in response news that Roncalli High School, which has received over $6.5 million in tax dollars, is terminating the employment of two employees simply because of their same-sex marriages.

 

Continue Reading2019 Indiana State Legislature: the Good, the Bad, and the Ugly

IYG and the homophobic Indiana State Legislature

Indiana Youth Group is a social advocacy group for lesbian, gay, bisexual and transgendered youth that has been around since 1987. They provide lots of important services to help young LGBT people in Indiana, including counseling and social services for at risk youth, advocacy on their behalf in schools, and health education. IYG has been a big part of the lives of several generations of LGBT folks. I was a part of IYG when I was young, as was Zach Adamson, our esteemed city-county council member, business owner and the first openly gay men to be elected to public office in Indiana.

IYG’s executive director is Mary Byrne, a pillar of the LBGT community for decades. She was the producer of the National Women’s Music Festival for years, and also owned Outword Bound, the LBGT bookstore where Stephanie and I met. Mary was also my landlady for five years, which is why I have personal reason to know IYG is in strong, safe, competent hands. The organization has done good work in Indiana for decades, and like other youth advocacy non-profit organizations, they seek out important sources of fundraising from the community.

A few years ago, IYG applied for the Indiana Bureau of Motor Vehicles Specialty Plates program. This program is a win-win for the state of Indiana and for non-profit organizations. They produce specialty plates at a low cost, and members of the non-profit and their communities can promote the plates and receive part of the revenue, with the rest of the profit benefiting Indiana. Specialty plates have become an important part of fundraising for non-profit organizations, and an important revenue source for Indiana as well.

IYG Plates

IYG had to fight to get accepted into the program – they were initially denied entrance into the program by arbitrary changes in the requirements and a lack of transparency about what the requirements were, and IYG had to go to court to get accepted. It became clear during the legal fight that the BMV’s lack of transparency and arbitrary rule changes were based on homophobia. IYG’s acceptance into the program ended up making national headlines.

Unfortunately, IYG’s new specialty plate didn’t sit well with homophobic people in Indiana, and especially not with homophobic members of the the Indiana State Legislature, who immediately began seeking ways to prevent plates from being issued beyond the first year, and began drafting legislation to alter the way that specialty plates were issued, hoping exclude IYG in future years. Homophobes eventually struck gold, canceling IYG’s ability to issue plates based on another lack of transparency in the rules – organizations were not allowed to issue number plates to organization members who had given them support; something that is a regular practice among non-profits. In addition to canceling IYG’s plates, two other organizations, The Indiana Greenways Foundation and the Indiana 4-H Foundation also had their plates canceled for the same reason. Both organizations believe they were just caught in the homophobic crossfire. Karen Bohn, head of the Greenways Foundation, said she believed the real target was the gay youth group. “I think we were just collateral damage,” she said. “Unfortunately it doesn’t seem very fair.”

All three organizations were in negotiations with the BMV to have their plates reinstated when this past week, those negotiations were abruptly canceled by the BMV, who cited the state legislature’s new licensing commission, run by the state legislature, who will be the final approval for specialty plates. Under the new commission rules, Greenways and 4-H will probably get their specialty plates back, but even state legislatures admit that IYG will be denied due to homophobia:

“It depends on the committee makeup,” [Valparaiso Republican Rep. Ed] Soliday said. “I’d be disingenuous if I didn’t say there are some legislators who are very, very anti-IYG. I tried to separate the legislation from IYG for two years, and there were other folks who constantly wanted to drag it back in.”

Continue ReadingIYG and the homophobic Indiana State Legislature

marriage discrimination attached to Gov’s Property Tax Bill

Indiana Republican Foul play at work – because looked like SJR-7 the marriage discrimination bill that has failed to pass the Indiana House the last two years, might again fail, Representative Eric Turner, ranking Republican on the House Rules and Legislative Policy Committee, filed a amendment to House Joint Resolution No. 1 (HJR1) a proposed constitutional amendment concerning property taxes.

This is the Governor’s bill proposed property tax reform bill, a high-profile piece of legislation that ensures the people will sit up and take notice if it gets threatened, or if Democrats go against it. Of course the amendment has nothing to do with Property Taxes, but it’s attached because that’s expected to pass.

Don Sherfick of Indiana Equality seems to think that the bill with get a full reading by the House as a result, where Gary Welsh thinks that it will effectively kill the property tax bill, laying the blame for it at the door of House Democrats.

Indiana Equality has a handy lookup form to look up your representatives to give them a call to protest this issue.

Continue Readingmarriage discrimination attached to Gov’s Property Tax Bill

The Fort Wayne Journal-Gazette on the Marriage Discrimination Amendment

Courtesy of blueindiana.net, I enjoyed this editorial from the The Fort Wayne Journal-Gazette on the plans to re-introduce SJR-7 – the marriage discrimination amendment – into the short legislative session this year (when, of course, there are much more pressing issues like property tax reform that need to be addressed.)

There is no reason for it to pass this year or any year. Indiana has a law that prohibits same-sex marriage. The language of the proposed amendment is murky at best and would create more legal questions than it would answer.

Meanwhile, other states are quietly going the opposite direction from Indiana. Instead of adopting measures that take rights away from citizens, they are expanding rights. In 2007, New Hampshire joined Vermont, Connecticut and New Jersey in offering civil unions. And Washington State and Oregon approved domestic-partnership laws to ensure legal rights for same-sex couples. Maine, California and Hawaii already have such laws.

Colorado, Iowa, Oregon and Vermont all banned workplace discrimination based on sexual orientation and gender identity, bringing to 12 the number of states with such anti-discrimination laws on the books. Nearly half of the U.S. population now resides in states that ban discrimination based on sexual orientation and gender identity, according to Stateline.org, an authoritative Web site that reports involving issues with state governments across the nation.

It is foolish for Indiana, still lagging other states in economic recovery, to consider a measure that would alienate any potential investor. It’s even more foolish to consider such a measure when elected officials should be focused on tax restructuring.

Continue ReadingThe Fort Wayne Journal-Gazette on the Marriage Discrimination Amendment

Rally at the Indiana Statehouse to Oppose SJR-7

A while back, I wrote about SJR-7, the bill to amend the Indiana constitution to eliminate equal marriage rights for same-sex couples, and I urged people to contact the legislators responsible for this atrocious piece of legislation.

Well, there’s more you can do.

Indiana Equality is organizing a rally at the State House to oppose this amendment, and to support two other pieces of legislation that help protect lgbt people – a hate crimes bill that covers sexual orientation and gender identity, and an anti-discrimination bill, both of which are being introduced this legislative session.
The rally — called the “Read the Fine Print” — will feature Candace Gingrich, sister of Former Speaker of the US House of Representatives Newt Gingrich.

WHAT: “Read the Fine Print!” Rally at the Statehouse
WHEN: Monday, February 19, 2007 from 1:00 pm — 2:30 pm
(Presidents Day)
WHERE: Indiana Statehouse, North Atrium, 200 W. Washington
(Enter off Ohio Street)

Enter the Statehouse using the Ohio Street entrance. Please allow extra time, as you may have to go through security. Also be aware that street parking may be hard to find. The Circle Center Mall garage is only a few blocks away and relatively inexpensive.
Note that this is on President’s Day – a day when many people already have off work — so you can attend this rally. I’ll be there. You will have the opportunity to meet with your legislators at some time during or after the rally to speak your mind if you like (see information on training below.)
You can RSVP that you will be attending at this Indiana Equality link.

ALSO…

You can get training to lobby your legislator prior to the rally, in the morning on the same day. Indiana Equality, Human Rights Campaign, and Stop The Amendment will be providing a two-hour crash course in techniques for constituents to successfully communicate with and educate their State legislators.

WHAT: Lobbying Your Legislator 101
WHEN: Monday, February 19th, 2007 from 9:30am – 11:30am
(President’s Day)
WHERE: Christ Church Cathedral, 125 Monument Circle
COST: $5 (includes training, materials, and continental
breakfast)

Reserve your spot in lobbying training.
Topics of this session will include:
Do’s and Don’ts when talking to legislators
The “Marriage” Amendment

  • Process of amending Indiana?s Constitution
  • Background on the Amendment
  • Facts, talking points, and likely objections

Hate Crimes Legislation

  • How a bill becomes law
  • Background on Hate Crimes legislation
  • Facts, talking points, and likely objections

Street parking may be hard to find. The Circle Center Mall garage is only a few blocks away and relatively inexpensive.

Continue ReadingRally at the Indiana Statehouse to Oppose SJR-7

Oh my god, Did Bauer just throw us under the bus?

Thanks to Bil for pointing out this jaw-dropping statement from Indiana Minority Leader Pat Bauer, D-South Bend:

“I just think that the only way for (Republicans) not to (continue to) demagogue it is to have a redundancy. It’s too bad it has to go in the constitution, but so be it,” Bauer said. “It’s not worth the time, the trouble, to point out that it’s not a problem (in Indiana), so it’s better just to have the vote and see how it goes.”

Under GOP leadership, both chambers of the General Assembly passed a same-sex marriage amendment last year. The measure must be approved by the newly elected Legislature next year or in 2008 before it could go on the statewide ballot for approval from voters.

That’s nice. Tell me again why I live in Indiana?

Continue ReadingOh my god, Did Bauer just throw us under the bus?

Indiana Equality Presents “Our Families Count” Rally at the Statehouse

INDIANAPOLIS – Indiana Equality will host a Statehouse gathering, the “Our Families Count!” rally, on February 9, 2006 from 1pm – 3pm. This event has been organized in response to a recent spate of legislation aimed at relegating lesbian, gay, bisexual, and transgender (LGBT) Hoosiers to second-class status.

“With daylight-savings time, toll roads, and property taxes on the docket, one would think the legislature has more important business to attend to than attacking gay families in this short session,” stated Walter Botich, Indiana Equality legislative committee co-chair.

Angered by advances in local human rights protections, Representative Jeff Thompson (R – Lizton) offered a proposal that was aimed at the LGBT community specifying that local government may not extend protections for employment or housing that is greater than existing state of federal statute. This proposal would have banned human rights protections based on sexual orientation or gender identity – effectively overturning existing laws in Bloomington, Fort Wayne, Indianapolis, Lafayette, Michigan City, West Lafayette, and Tippecanoe County.

All too often, LGBT families are either overlooked or discounted completely. Indiana Equality encourages all of the gay, lesbian, bisexual and transgender citizens of the state to join them in announcing to the state government that “Our Families Count!”

“This is an exercise of our rights – and it’s happening in the Statehouse rotunda,” observed Kathy Sarris, president of Indiana Equality. “It’s time the State of Indiana started recognizing those rights.”

“It’s time for our community to stand up and be counted. We need to show that our families are just as important as other families around the state,” commented Jerame Davis, Indiana Equality communications committee chair and rally organizer. “We will not be forced into second-class status. We pay our taxes, participate in our communities, and raise our families just like all other Hoosiers. We should be treated equally.”

The “Our Families Count!” rally will feature speakers from several community organizations from around the state. Several legislators have been invited to speak.
Founded in 2003, Indiana Equality is a coalition of organizations from around the state who are focused on providing basic human rights for Indiana’s LGBT citizens. Participating organizations include Interfaith Coalition on Nondiscrimination (ICON), Indiana Transgender Rights Advocacy Alliance (INTRAA), Indiana Action Network (IAN), Justice, Inc., Indiana PFLAG, Indianapolis Rainbow Chamber of Commerce, National Association of Social Workers (NASW) as well as regional steering committees in the Indianapolis, Bloomington, Evansville, Richmond, Ft. Wayne, Lafayette, and South Bend areas.

see more information about Indiana Equality.

Continue ReadingIndiana Equality Presents “Our Families Count” Rally at the Statehouse