Rep. McCrostie introduces bill to ‘add the words’ to Idaho Civil Rights Act

A Democratic legislator from Boise introduced a bill Monday morning that is designed to amend Idaho’s Civil Rights Act to “add the words” that would prohibit discimination against a person based on sexual orientation or gender identity. 

Rep. John McCrostie, D-Garden City, introduced House Bill 440 as a personal bill during Monday’s floor session of the Idaho House of Representatives. 

Although the Add the Words, Idaho activist group, Idaho Democrats and LGBTQ+ advocates have been pushing for the Idaho Legislature to ban discrimination based on gender identity and sexual orientation for 15 years, the bill is not expected to advance.

McCrostie introduced the bill as a personal bill on the floor, as opposed to the more traditional route of bringing it to a legislative committee for an introductory “print” hearing and vote. 

The Idaho Capital Sun asked McCrostie after Monday’s floor session if he had any luck securing a committee hearing on the bill. 

“It is run as a personal bill, so it is not expected to get a hearing,” McCrostie said in a message.

As a general rule, the Idaho Legislature does not hear or advance personal bills and instead pushes for legislation to follow the traditional committee process. Each year, several legislators — often of both political parties — usually introduce personal bills that they cannot get a hearing on. 

“One thing I am happy with is that we were able to get things done fast enough to get it introduced on Martin Luther King Day / Idaho Human Rights Day,” McCrostie told the Sun. 

In previous sessions, protestors have gathered at the Idaho State Capitol attempting to push for legislators to add the words to prevent discrimination based on sexual orientation and gender identity.

In 2014, filmmakers produced a documentary about the effort to add the words in Idaho. 

In 2015, for example, dozens of protestors were arrested after blocking access to bill drafting offices and the Idaho House Chambers, the Spokesman-Review reported. 

If passed into law, House Bill 440 would make freedom from discrimination because of sexual orientation or gender identity a civil right by adding that langiage to the Idaho Civil Rights Act. 

For years, leaders of the Republican supermajority that control the Idaho Legislature have opposed adding the words. Retired Senate President Pro Tem Brent Hill, R-Rexburg, for years said add the words bills did not protect Idahoans from exercising their sincerely held religious beliefs. 

Other legislators test positive for COVID-19 

In other Statehouse news Monday, Senate President Pro Tem Chuck Winder, R-Boise, tested positive for COVID-19, the Idaho Statesman reported. Winder did not participate in Monday’s floor session of the Idaho Senate. 

Winder is at least the third legislator to test positive for COVID-19 since the session began a week ago. Last week, Sen. Janie Ward-Engelking, D-Boise and Rep. John Gannon, D-Boise, announced they tested positive for COVID-19 and left the Statehouse. 

On Wednesday, Rep. James Holtzclaw, R-Meridian, told the Legislature’s Change in Employee Compensation Committee that he was home awaiting results from a COVID-19 test. The Idaho Press reported he did test positive. 

On Friday, Idaho Supreme Court Justice G. Richard Bevan announced he tested positive for COVID-19 before remotely presiding over oral arguments from challenges to Idaho’s new redistricting plan.