The Thicket at State Legislatures

2008: Passionate Debate on Same-Sex Marriage

by Michelle Blackston

While same-sex marriage hasn't garnered the national headlines that it did just a few years ago, it's still an issue this year on the ballots in a handful of states. Three states will vote on same-sex marriage this November -- Arizona, California and Florida.  An additional measure related to gay rights is on the ballot in a fourth state: Arkansas. Voters will consider whether unmarried couples, including same-sex couples, should be prohibited from adopting or serving as foster parents.

In Connecticut, the state Supreme Court on Oct. 10 legalized same-sex marriage, but that hasn't ended the debate. Every 20 years Connecticut voters decide whether to hold a constitutional convention and this year the measure is on the ballot. Opponents of gay marriage are rallying to get voters to support a constitutional convention in order to re-define the state's constitution to say marriage is between a man and a woman.  Instead of the courts, the issue of same-sex marriage could be decided by voters.

In California, the state Supreme Court earlier this year struck down a 2000 ballot measure that defined marriage as between a man and a woman. Now voters are battling over Proposition 8, which would amend the state constitution to ban gay marriage.

Just one state -- Arizona in 2006 -- rejected a state constitutional amendment banning same-sex marriage.  But the issue is back and voters in the Grand Canyon State will again decide whether or not to amend the Arizona Constitution to recognize marriage as a union of one man and one woman.

Whether it's on the ballot or in the courts, same-sex marriage continues to be a hot-button issue. Recent reports indicate it comes up during presidential election cycles in an effort to drive voters to the polls. This year is no different.

NCSL's election team has extensive background on ballot initiatives regarding same-sex marriage. Other information is available on civil unions and domestic partnerships.

Colorful Election Language

by Pam Greenberg

We've heard about the presidential candidates' trips to battleground and swing states. And on November 4, we'll be hearing a lot more about red and blue states as election results come in from across the nation. But have you even wondered about the origins of these terms?

The online magazine Word Routes provides a great summary of the history, uses and origins of the phrases. In a recent entry, Ben Zimmer explains how the phrase "battleground states" dates to civil war times, and "swing states" first gained prominence in the 1952 presidential election.

An earlier Word Routes posting explains how the designation of Republican-leaning states as red and Democratic-leaning states as blue is a relatively recent development. Television networks had alternated the color coding between the two parties from 1976 to 2004. Tim Russert is credited with popularizing the designations we are more familiar with today. He did this during his coverage of the 2000 and 2004 elections.

Climate Change Could Cost States

by Glen Andersen and Meagan Dosch

The National Conference of State Legislatures (NCSL) and the Center for Integrative Environmental Research (CIER) at the University of Maryland have released the final four State Economic and Environmental Costs of Climate Change reports. Eight reports were released in July at NCSL legislative summit in New Orleans.

Each report summarize the climatic changes affecting each states, the potential fiscal impact, and the affect of any future climate changes. All 12 reports can be found here. 

States are taking the lead to implement policies that address climate change and environmental sustainability. The federal government is likely to enact climate legislation within the next few years. States that create energy policies now may be a step ahead when Congress passes its first greenhouse gas reduction law.

Students Becoming Citizens

By Jan Goehring

Civically engaged students in Washington are being featured in a series of programs on TVW,the Washington State Public Affairs TV Network. Engaged: Students Becoming Citizens shows young people who are learning about and actively participating in government and politics. Programs have featured students involved in Project Citizen and the activities of the new Legislative Youth Advisory Council.

Look at Me Mom, I'm Voting!

by Michelle Blackston

Early news reports indicate a record number of voters at the polls on election day (November 4). Get-out-the-vote efforts in nearly every state -- battleground or not-- have swelled election rolls.

Many of these folks are first-time voters and others are energized by a particular candidate or issue. Some states anticipate as much as a 90 percent voter turnout.

Now, in an effort to capture the voter's experience in the ballot box, PBS and YouTube have teamed up to encourage voters across the country to "Video Your Vote." PBS and YouTube plan to broadcast these home-made clips online and on the tube.

The project is looking for creative examples of voting including video at the polls on election day, early voting experiences, or filming filling out an absentee ballot. The project also invites voters to document any problems in and around polling places such as campaigning, long lines, people turned away.

But before you grab your camcorder on election day, you need to know that certain states have laws restricting or prohibiting photography in and around polling places. In California, for example, the state elections code prohibits using cameras to intimidate voters. That can be a bit tricky if you're just there to record your personal voting experience.

1960s TV Drama About a State Legislator

by Tim Hodson

Imagine hard-nosed television executives deciding they could win ratings and advertising dollars by broadcasting a weekly drama about a state legislator.  It may be difficult to conjure up but it did happen, years before West Wing made political drama salable (and Commander-in-Chief demonstrated the genre’s limits).

Slattery’s People premiered in September 1964 as part of CBS’ new fall line-up.  A product of Bing Crosby Productions, which had a solid record delivering television hits like Ben Casey and Hogan’s Heroes, and writer/producer James E. Mosher, the program was considered a good bet to succeed commercially as well as critically.  During its run it was nominated for four Emmys (including Best Dramatic Series and Best Actor) and one Golden Globe Award (again for Best Actor).  The ratings, however, were never spectacular and though it was renewed for the 1965-66 season, it was canceled after a few weeks.  The last episode aired November 26, 1965.

Slattery’s People followed the trials and challenges of James Slattery, played by Richard Crenna, the minority leader in a never clearly identified state legislature.  Portions of the program were filmed in and around the state capitol in Sacramento, including the Assembly chambers and the rotunda.  Slattery and his colleagues often ate at Wings, a clear knock-off of a well-known and still open Sacramento watering hole, Frank Fats.   A dramatic floor debate in the premiere episode featured actual members of the state Assembly standing in for their fictional counter-parts.

For legislative junkies a compelling feature of Slattery’s People was the relevancy and comparative accuracy of the plots.  The premiere, for example, centers on the conflict between legislators’ loyalty to their districts versus the broader interests of the state.  Although the climax is an improbable court-like session, the actions of a veteran legislator abusing committee procedures to block legislation hostile to his district resonate with anyone with capitol experience.  Other episodes addressed issues still relevant today like electronic eavesdropping, campaign finance scandals, abuse of foster children, teaching sex education, preservation versus development, super-patriot vigilante groups, and the limits of political loyalty.

Profile of a "Watchdog"

This month's issue of Florida Trend contains a good story ("A watchdog's life") about one of the more high profile and effective legislative program evaluation offices in the country, the Florida Legislature's Office of Program Policy Analysis and Government Accountability (OPPAGA), and its director, Gary Vanlandingham.  The story fails to mention that Gary is staff chair of NCSL this year--the highest national elective office for a legislative staff person.

State Budgets: "As Bad As I've Ever Seen It"

by Michelle Blackston

"This situation is as bad as I've ever seen it."

That's according to William T. Pound, executive director of the National Conference of State Legislatures, who has been leading the organization and working on behalf of state legislatures for more than 20 years. "States have been confronted with bad economic circumstances in the past, but not so many and not all at once," he says. "State budgets have a very rough road ahead."

Here are the ugly facts: State revenue collections are down. Consumer confidence has slipped along with state sales tax revenues. Personal income tax collections already were sluggish. And couple all of those factors with the drop in the stock market and states will lose tax revenue from capital gains, dividends and stock options. The list goes on.

Even energy-producing states that have benefited from high oil prices are seeing revenue growth slow as prices fall. With so many critical tax sources at risk, the state revenue outlook is bleak.

What does this mean? State agencies are just beginning to submit funding requests for the next fiscal year. Most signs indicate another round of cuts in addition to what was already cut this year. At the same time, states face increasing demand for safety net services such as Medicaid and unemployment insurance, which rise during economic downturns.

The national economy is the single most important influence on state finances. Even before recent economic events, budgets in most states were faltering. The latest national developments make the state fiscal situation even more precarious. Short of a dramatic and unexpected turnaround, deteriorating state budget conditions are expected to continue. The palatable options for states to close their budget gaps are rapidly dwindling.

E-Cigs Coming to a Bar Near You

by Meagan Dorsch

I was watching BBC America World News when I saw a story on the number of Irish pubs closing across the country. According to the story, pub owners are claiming that a new smoking ban is responsible (in part) for turning their profits to ash.

The same argument was echoed by several bar owners on this side of the pond when several states implemented smoke-free legislation. Today, 23 states, the District of Columbia and Puerto Rico require most public places and workplaces—including restaurants and bars—to be smoke-free. At least seven additional state laws require most workplaces, including restaurants, to be smoke free—but exempt bars (thanks to Amy Winterfeld at NCSL for these stats).

But pub owners in Europe are doing something a little different. They are fighting back with technology. Many have invested in electronic cigarettes. Never heard of e-cigs? You are not alone...check it out. This new product is filled with a shot of nicotine and is not covered by smoking bans in Europe. Neither are the possible consequences. Some health organizations are now calling for more research into e-cigs before they become popular on the consumer market.

It might be too late. I discovered e-cigs are on the lips of smokers in Hawaii.
Plus, on October 13, MarketWatch says the electronic cigarette will make it's debut in 13 selected cities across the country.

Nebraska Safe Haven Laws Under Fire

by Nina Williams-Mbengue

Recent articles by the Omaha World Herald and the New York Times have brought criticism of Nebraska's Safe Haven Law.

All 50 states now have infant Safe Haven laws, with varying provisions. These laws allow people to safely and legally surrender newborn infants to hospitals, fire stations or other similarly designated facilities. One drawback of states' Safe Haven laws is that many states do not require tracking of the numbers of infants surrendered legally, nor does the federal government. This makes it difficult to assess how effective the laws are. States like New Jersey, Florida, and Ohio do track and issue reports based on the number of kids rescued by Safe Haven laws. Safe Haven laws have reduced, but not prevented all cases of unlawful abandonment.

The Husker state was one of the last three states in the nation to pass a Safe Haven law. Nebraska's law is drawing criticism is because older children, including teenagers, have recently been surrendered under the law.

Nebraska appears to be the only state that does not specify age in its statue. The actions taken by some parents in Nebraska are not the norm, but could push state legislators to take up the issue in January when the legislature convenes.

Nina Williams-Mbengue covers child welfare issues for NCSL.