Boehning said before he voted against the anti-discrimination bill on April 2 a Capitol employee told him a fellow House lawmaker who supported the bill said Boehning would be targeted for retaliation if he didn't vote for it. The year veteran of the House still voted against He also voted against a similar bill in and would have in , had the proposal not died in the Senate before a House vote.
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He would not say who told him he would be targeted or name the lawmaker who is said to have mentioned it. Also, he couldn't recall the day he was informed of the alleged retaliation threat. As of Monday, Boehning said he hadn't talked to legislative leaders about the alleged threat and wouldn't identify who he thinks is involved without doing that first.
Though there is no binding ethics code for North Dakota legislators, he said there could be ramifications and "this isn't something I take lightly. Smith said he stepped forward on his own after discovering Boehning's identity when he saw the legislator's photo, which was published on the front page of The Forum the day after the vote.
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No one with connections to the Legislature encouraged him to take that step, he said. Josh Boschee, a Fargo Democrat and the only openly gay member of the Legislature, said he did not speak with Boehning about his vote.
But Boschee said lawmakers from both parties have told him a gay Republican staffer at the Capitol who had been in contact with Boehning on Grindr since his last run for office had warned Boehning "there could be consequences for the hypocrisy of [his] vote," Boschee said. Boschee would not identify the staffer, saying the man was concerned about the political fallout from his own party.
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Asked on Monday via email if it was a Republican staffer who warned him to change his vote, Boehning didn't address it specifically. Outing closeted gay politicians who cast votes seen as anti-gay is divisive in the gay community and has many critics.
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But while Smith and Boschee said they regret that Boehning was forced to come out of the closet, they believe it points out an important discrepancy between Boehning's vote and his personal life. For his part, Boehning said coming out under these circumstances was both a personal relief and a political struggle.
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Boehning, a self-employed general contractor, said he has voted against multiple attempts to extend protected-class status to include sexual orientation because he doesn't believe his south Fargo constituents support it. Also, he has problems with the bill's language, which would protect people who are "perceived" to be gay. Asked whether he would be personally concerned about being discriminated against in the areas of housing, workplace or public accommodation, Boehning, who lives in a rented Fargo apartment, said landlords have the right to do as they see fit.
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