Idaho GOP supports bill that would eliminate affirmative action in state hiring, contracting

Following a tense and confrontational hearing on Wednesday, the House State Affairs Committee voted along party lines to advance a bill that would eliminate affirmative action in state hiring and contracting.

North Idaho Republican Rep. Heather Scott’s bill, HB 400, prohibits the state from granting special treatment “to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education or public contracting.”

Scott told the committee that her bill is not anti-affirmative action.

“This bill does not end affirmative action. It ends discrimination in hiring and contracting. This is really a civil rights bill,” she said.

“We can promote diversity, but we should refuse to reduce people down to their skin color or some other trait,” Scott said. “Frankly it is offensive. Hiring decisions should be about merit and competency and the best person for the job, regardless of that person’s traits.”

The bill’s language does not prohibit discrimination based on religion, sexual orientation or gender identity.

When Democratic committee members tried to discern whether Scott’s bill prevents discrimination based on sexual orientation or gender identity or religion, the hearing took a turn.

”You have made several statements here that we are all created equal, equality for all. We just need to treat everybody equally,” said Rep. John Gannon, D-Boise. “Am I reading your bill right that you have not included sexual orientation in this bill that we have before us?”

Committee Chairman Rep. Steven Harris, R-Meridian, would not let Gannon continue with his query.

“We are going to address the bill we have before us,” Harris said. “The bill before us discusses not establishing criteria of sex or race as a basis for public hiring decisions,” Harris said, saying questions beyond this scope “are off limits.”

Gannon and Rep. Brooke Green, D-Boise, repeatedly tried to ask questions as who this bill covers and whether it is constitutional. Harris continually shut them down saying their questions were not appropriate.

At one point, Gannon asked if the committee could decide whether his questions are appropriate. Harris would not allow it.

Harris also denied Green’s request that the committee go at ease so a parliamentarian could be asked whether the chairman could prevent committee members from asking questions about a bill before them.

Harris also warned people planning to testify on the bill that he would not allow any testimony that did not pertain specifically to the bill.

Seven people spoke against the bill. One person spoke in favor.

Harris continued to shut down Gannon and Green when they asked people testifying about the bill’s calling for equality but with exceptions.

Following public testimony, Gannon motioned to send the bill to the House floor to be amended to “fix” the bill.

“As this bill stands now, this bill legislates discrimination. It is offensive,” Gannon told the committee. “Any claim that this bill promotes equality for all is fake news. This bill leaves out religion. It leaves out sexual orientation. ... It is picking and choosing when discrimination is appropriate and when it is not.”

On a party-line 12-3 vote, the committee defeated Gannon’s motion.

The committee then voted 12-3 to send the bill to the House floor with a “do pass” recommendation.

Voting in favor of the bill were Republican Reps. Harris, Randy Armstrong, Inkom; Brent Crane, Nampa; Joe Palmer, Meridian; Vito Barbieri, Dalton Gardens; James Holtzclaw, Meridian; Jason Monks, Nampa; Christy Zito, Hammett; Heather Scott, Blanchard; Kevin Andrus, Lava Hot Springs; Linda Hartgen, Twin Falls; and Julianne Young, Blackfoot.

Voting against the bill were Democratic Reps. Gannon, Green and Elaine Smith, Pocatello.

The bill now goes to the House for a full vote.

Much of Tuesday’s confrontation over Scott’s bill stems from the Legislature’s refusal over the past decade-plus to hold a hearing on legislation to add the the terms “sexual orientation” and “gender identity” to Idaho’s Human Rights Act to protect members of the LGBTQ community from discrimination in employment, housing and public accommodation.

Republicans claim barring such discrimination could infringe on religious freedom.

Boise Democratic Sen. Maryanne Jordan once again re-introduced “Add the Words” legislation on Jan. 14. Her bill, SB 1226, has not been scheduled for a hearing before the Senate State Affairs Committee.

This story was originally published February 12, 2020 at 12:58 PM.