House Committee Refuses to Pass Ban on Domestic Partnership Registries [Watch the Video Here]by Jerry Cox,The Family Council Action Committee: HB 2176, a bill to ban domestic partnership registries, failed to pass the House City County Local Committee today. The bill by Rep. Bryan King would have prevented cities and counties from issuing domestic partnership certificates like ones offered by the City of Eureka Springs. Family Council president, Jerry Cox, testified that the registry and accompanying certificates are an effort by the City of Eureka Springs to circumvent the marriage amendment passed by Arkansas voters in 2004. The amendment says, “Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas.” The ACLU opposed King’s bill, along with the mayor of Eureka Springs. The Mayor of Eureka Springs testified against the bill for approximately 20 minutes. In her testimony she contradicted herself by first claiming the domestic partnership registry was symbolic and didn’t do anything, and a few minutes later she indicated that couples were using the registry as a way of obtaining health insurance.
Committee Chairman Rep. Tommy Baker demonstrated his bias against the bill by allowing an ACLU representative to testify against the bill even after Rep. King, the sponsor of the bill, had made his final closing remarks for the bill. House rules allow the sponsor of the bill to have the final word on his or her bill before a vote is taken. Once the member “closes” for his bill there should be no further testimony by someone outside the committee. This was clearly a violation of House rules. Rep. John Burris attempted to raise this issue with the Chairman, but Burris’ complaint was overruled.
A voice vote was taken (all in favor say “aye”, all opposed say “no”) with what sounded like an equal number of the 20 representatives voting on each side. Most did not vote. Chairman Baker immediately ruled that the bill had failed to pass. Almost simultaneously, Rep. Kathy Webb, the only openly gay member of the legislature, bolted for the door, followed by Rep. Barbara Nix, Rep. Steve Breedlove, Rep. Ray Kidd, and others. As those members were bolting for the door, two or three members of the committee immediately asked for a roll-call vote—one in which each member’s name would be called and their vote recorded. Ignoring their motion for a roll call vote, Chairman Baker abruptly adjourned the meeting. The House rules require that a roll-call vote be taken if two of the committee members request it. When asked about his refusal to allow a roll-call vote in which the members specific votes would be recorded, the Chairman replied that there wasn’t time.
Why were the rules ignored? It appeared that the Chairman and members of the committee had planned this in advance as a way of defeating the bill without having their votes recorded and letting their constituents know how they voted. They succeeded. One member of the committee told me that the Democratic Party in Little Rock was pressuring members to vote against the bill, but that the members knew their constituents back home would want them to support the bill.
In 20 years of lobbying at the legislature I have never seen this kind of disregard for House Rules and decorum. Testimony from the ACLU is not allowed after a member closes for a bill; a proper request for a roll-call vote is always recognized by the chair; and members don’t bolt out of their seats as they vote “nay” against a bill. It was very clear to everyone in the room that the committee did not want the public to know their vote on this bill. A House member who chairs another committee was present in today’s meeting, and indicated that a roll-call vote should have been taken.
The hearing lasted 45 minutes, and it is difficult to keep up with every member of the committee, but here is our best assessment regarding what each member did. The bill required 11 affirmative votes to pass.
1. John Burris (R) - Voted for the bill
2. Les Carnine (R) - Voted for the bill
3. Beverly Pyle (R) - Voted for the bill
4. Garry Smith (D) - Was not present
5. James McLean (D) - Was not present
6. George Overbey (D) - Was not present
7. Randy Stewart (D) - Was absent for legitimate reasons
8. Steve Cole (D) - Was present, but left before the vote was taken
9. Mark Perry (D) - Was present for the entire hearing
10. [Corrected] Steve Breedlove (D) - Was present - say he supports the bill
11. Ray Kidd (D) - Hurried out the door before a roll-call vote could be taken
12. Barbara Nix (D) - Hurried out the door before a roll-call vote could be taken
13. Toni Bradford (D) - Was present for the entire hearing
14. James Word (D) - Unknown
15. Darrin Williams (D) - Unknown
16. John Edwards (D) - Was present for the entire hearing
17. Tommy Baker (D) - Committee chairman, was present for the entire hearing
18. Nancy Blount (D) - Was present for the hearing
19. Otis Davis (D) - Voted against the bill
20. Kathy Webb (D) - Voted against the bill and hurried out the door before a roll-call vote could be taken.
------------------- [Note: Watch this video which shows the above actions by legislatures]
Action: Contact the Speaker of the House, Representative Robbie Wills by email and by phone and complain about Committee Chairman Rep. Tommy Baker's violations of House Rules. And Contact Chairman Rep. Tommy Baker bakert@arkleg.state.ar.us and tell him what you feel about his behavior. Switchboard phone where you can leave a message is 501-682-6211.
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