H-1417              _______________________________________________

                                                   HOUSE BILL NO. 2146

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Fuhrman, Padden and Wolfe

Read first time 2/24/89 and referred to Committee on Judiciary.

AN ACT Relating to sodomy; adding a new chapter to Title 28A RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "School" means any school, its administrative or supervisory agency or political entity, and its employees and volunteers, including, but not limited to the following:  (a) Public and private kindergartens, preschools, elementary and secondary educational institutions; and (b) publicly funded, in whole or in part, colleges, universities, and trade and vocational institutions.

          (2) "Knowingly" means that a school knows, or reasonably should know that a person:  (a) Commits, or claims to commit, any act of sodomy; (b) solicits or encourages, or claims to solicit or encourage, any other person to commit any act of sodomy; (c) has, or claims to have, an affectional or sexual preference for or orientation towards committing an act of sodomy.

NEW SECTION. Sec. 3.     A school, including its employees, volunteers, or guests, shall not present, as acceptable behavior or as an acceptable alternative lifestyle:  (1) Any act of sodomy, which includes, but is not limited to, any act of homosexuality, lesbianism, or bisexuality; or (2) the affectional or sexual preference or orientation towards committing any act of sodomy.

NEW SECTION. Sec. 4.     Any person who:  (1) Commits, or claims to commit, any act of sodomy, including, but not limited to, any act of homosexuality, lesbianism, or bisexuality; or (2) solicits or encourages, or claims to solicit or encourage, any other person to commit any act of sodomy; or (3) has an affectional or sexual preference or orientation towards, or claims to have an affectional or sexual preference or orientation towards, committing any act of sodomy, shall not knowingly be employed, with or without remuneration, by any school.  A school shall not knowingly hire any such person as an employee or volunteer.

NEW SECTION. Sec. 5.     Sections 2 through 4 of this act shall constitute a new chapter in Title 28A RCW.