During the 2003 legislative session, Equality North Dakota tracked and offered testimony on three pieces of legislation: SB 2216, SB 2188 and SB 2306.  Although we did not achieve the desired outcome on any of these bills, Equality North Dakota established a presence at the state Capitol in Bismarck, developed contacts with numerous legislators, and laid the foundation for our legislative work during the next session in 2005.  We also sent the clear message that we intend to speak out on the issues that affect the lives of GLBT North Dakotans and that our concerns cannot simply be ignored.

Click here for the Senate votes on these bills.

Click here for the House votes on these bills.

Clicking on the bill number in blue will take you to the official site of the state of North Dakota for information about that specific bill.

Senate Bill 2216 was a Safe Schools bill sponsored by Equality North Dakota that sought to promote respect for all students in North Dakota schools.  Sexual orientation was one of the specifically included categories.  

OUTCOME:   SB 2216 was amended in the House Education Committee to include wording regarding respect for all students and the need for school districts to be in compliance with federal civil rights law.  Although these changes did not include restoring sexual orientation as a specific category, the House version was an improvement over the version approved by the Senate, which had essentially gutted the bill and removed all categories.  The amended version passed in the House on March 17 by a vote of 55-37.  On March 20 the Senate agreed to the amendments but then defeated the bill in a vote split along party lines (25-16).  Equality North Dakota will continue to work to ensure that our schools are safe for all of our children.  

Equality North Dakota Fact Sheet on SB 2216

Testimony of Equality North Dakota before the Senate Education Committee, January 21, 2003

Grand Forks Herald, February 7, 2003: SB 2216 gutted by amendments in the Senate Education Committee

Testimony of Equality North Dakota before the House Education Committee, March 4, 2003

The Forum, March 18, 2003: SB 2216 passes in the House

The Forum, March 21, 2003: Senate kills SB 2216

Senate Bill 2188 related to "child-placing agencies" and could have very serious repercussions for the GLBT community.  No "child-placing agency" would be denied a license by the State of North Dakota for refusing to be involved in a placement to which they object on moral or religious grounds.  Agencies would also be freed from any civil or criminal penalties (this provision was removed in the House).  We believe that Senate Bill 2188 will allow for wholesale state-sanctioned discrimination and could potentially end or, at the very least seriously curtail, adoptions by gay and lesbian couples in North Dakota. 

This bill passed overwhelmingly in the Senate by a vote of 45-2.  A hearing before the House Human Services Committee was held on Monday, March 3.  Equality North Dakota presented testimony that stressed that this bill, presented as a "Freedom to Serve" bill, was in fact license by the state to discriminate with impunity.  In response to a representative's question, the director of the North Dakota Catholic Conference admitted that the Catholic adoption agency in the state does not wish to provide adoption services to gay/lesbian couples or single parents.  This revelation came after both he and the bill's main sponsor assured the committee that this bill was not intended to discriminate against anyone!  

OUTCOME: SB 2188 was amended by the House Human Services Committee and received a "do-pass" recommendation.  Although the amended version was an improvement on the original bill, SB 2188 still represented a threat to gay and lesbian couples who wish to adopt in North Dakota.  SB 2188 passed in the House on March 31 by a vote of 72-18.

Originally, the Senate did not concur with the House amendments, and a conference committee was appointed.  Agreement was reached, and the House amendments were adopted by the Senate.  SB 2188 was then approved on April 11, by a vote of 41-3.  Equality North Dakota was very disappointed that this bill did not encounter more opposition in the Senate, but we were encouraged by the greater show of support in the House for the concerns of gay and lesbian families. 

Equality North Dakota Fact Sheet on SB 2188

Testimony of Equality North Dakota before the Senate Human Services Committee, January 21, 2003

The Forum, January 22, 2003: Coverage of Senate hearing for SB 2188

The Forum, January 29, 2003: SB 2188 passes in the Senate

Testimony of Equality North Dakota before the House Human Services Committee, March 3, 2003

The Forum, March 20, 2003: ND Attorney General says SB 2188 constitutional

The Forum, March 27, 2003: Letter to the Editor from Equality North Dakota

The Forum, April 1, 2003: SB 2188 passes in the House

Numerous national organizations were contacted by representatives of Equality North Dakota to enlist their support in organizing action and providing valuable information for working on these two bills.  Many thanks to the Gay and Lesbian Rights Project of the American Civil Liberties Union, Gay, Lesbian and Straight Education Network, Human Rights Campaign, Lambda Legal Defense and Education Fund, National Gay and Lesbian Task Force and the National Center for Lesbian Rights.

Senate Bill 2306 would have established an independent human rights commission in North Dakota.  Unfortunately, such a commission would still not have been able to respond to discrimination based on sexual orientation and gender identity, because they are not protected classes in the North Dakota Human Rights Act.  Nevertheless, Equality North Dakota will continue to support the efforts to form a human rights commission, as it will create a better mechanism for responding to discrimination in our state. 

Testimony presented by Equality North Dakota in support of Senate Bill 2306 

The North Dakota Human Rights Coalition, which led the fight for an independent commission, is committed to working for inclusion of sexual orientation and gender identity as protected classes in the North Dakota Human Rights Act.  Equality North Dakota has been an active supporter of the efforts to create such a commission from the very beginning and is a founding member of the Coalition.  

OUTCOME:  Senate Bill 2306 was defeated on the Senate floor on Tuesday, February 11, 2003, despite being scheduled for hearing on Wednesday, February 12, 2003 before the Senate Appropriations Committee. The NDHRC was prepared to testify before the Appropriations Committee and offer amendments to the bill to to address concerns regarding the responsibilities of the Commission. Up until the time the session started, the information was that the Senate would not defeat the bill on the floor before the Appropriations hearing.

The Senate disregarded the testimony of those who testified before the Judiciary Committee last week; there was no testimony in opposition to the bill. The Senate also disregarded the support of the bill by the almost 40 organizations in North Dakota. The Senate's actions also meant that the concerns of the NDHRC regarding the ability of the Division of Human Rights to meet the needs of the citizens of North Dakota will not be addressed.

On March 3 the NDHRC attempted to amend another bill with language that would create a human rights commission.  These amendments would have provided for a somewhat weaker commission and would have been proposed to the Appropriations Committee had that hearing taken place.  Unfortunately, the proposed amendments were defeated, and North Dakota will have to wait at least another two years to get an independent human rights commission.