from ALA Office of Intellectual Freedom

[Mike Eisenberg <mike@eryx.syr.edu>]

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This message is from the American Library Association's Office for
Intellectual Freedom.  Itis being posted on several lists, we
apologize for any duplication.  Please feel free to re-post.
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SENATE PASSES ANTI-GAY INITIATIVE

ACTION NEEDED

Supporters of intellectual freedom were stunned when, during
Senate floor debate on reauthorization of the Elementary and
Secondary Education Act, the Senate adopted on August 1 and 2 an
amendment developed by Senator Robert C. Smith (R-NH) and Senator
Jesse Helms (R-NC).  The amendment would provide that no local
educational agency receiving funds under the Improving America's
Schools Act (HR 6) "shall implement or carry out a program or
activity that has either the purpose or effect of encouraging or
supporting homosexuality as a positive lifestyle alternative."

The definition of program or activity, for purposes of the
amendment, "includes the distribution of instructional materials,
instruction, counseling, or other services on school grounds, or
referral of a pupil to an organization that affirms a homosexual
lifestyle."

The language of the amendment is vague enough to impact even
neutral instructional and library materials on sex education and
sexuality, because the mere provision of information is often
interpreted to "have the effect of encouraging" or endorsing the
subject matter of the information.  Thus, the amendment could
have a serious impact on school sex education curricula and a
broad array of school library materials.  In addition, once the
precedent is established, all controversial subjects become fair
game for threats of funding cuts in both the school and public
library setting.  The amendment's denial of federal funds to
school counseling programs for gay teens is particularly
disturbing in light of some studies which suggest that gay teens
are at three times greater risk for suicide.

The next step for the bill is the joint House/Senate Conference
Committee.  It is OIF's understanding, although we have not been
able to confirm the actual language, that a similar but not
identical measure had previously been passed by the House.  Thus,
the fate of all amendments must be decided in the conference
committee.

Senate Labor and Human Resources Committee Chair Edward Kennedy
(D-MA), the manager of the Senate version of HR 6, engaged in
enough parliamentary maneuvering to give him standing to remove
this language in the House-Senate conference on HR 6.


Action is needed NOW to inform Congress of the potential
devastating effects of this amendment on school library
collections, and the horrible precedent the amendment sets for
publicly funded information services generally.

To assist in the removal of this language, library constituents
should contact Senate conferees immediately.  The message:
Remove the Smith-Helms amendment in the House-Senate conference
on HR 6.  It has been recommended the following Senators,
especially, be contacted:

SENATOR  (All area codes are 202)

Nancy Kassebaum (R-KS)        224-3514
James Jeffords (R-VT)         224-8330
Dan Coats (R-IN)              228-4137
Judd Gregg (R-NH)             224-4952
Strom Thurmond (R-SC)         224-1300
Orrin Hatch (R-UT)            224-6331
Dave Durenberger (R-MN)       224-9931
Jeff Bingaman (D-NM)          224-2852
Harris Wofford (D-PA)         224-4161
Tom Harkin (D-IA)             224-3254

Any Senator's office can be reached by phone through the Senate
switchboard at (202) 224-3121.


                       * * * * * * * * * *


MEMORANDUM (ISSN 0734-3086) is published monthly by the American
Library Association's Office for Intellectual Freedom.
Distributed free to the Chapter Intellectual Freedom Committees,
the ALA Intellectual Freedom Committee, the Division Intellectual
Freedom Committees, and the Freedom to Read Foundation Board of
Trustees.  Available on subscription for $20.00 per year.
Subscription and editorial mail should be addressed to the ALA
Office for Intellectual Freedom, 50 E. Huron Street, Chicago, IL
60611, (312) 280-4223.