Civil union. A bill that would have allowed Montana’s gay and lesbian couples to enter into civil unions was tabled on 15-3 vote in the House Judiciary Committee Wednesday.
Jan 27, 2005
My most recent Letter to the Editor (published)
Queen City News - Helena's FREE Weekly Newspaper Helena, Montana
Stop pointing fingers
by Lori Gilliland
Wednesday, January 26, 2005
To the Editor:
Did Matthew Sheppard really go straight to hell as a Kansas cult claims? Many find this hard to believe. This and other contentious religious questions continue to divide the faithful and turn others away.
Hell itself has transformed over time. First there was Sheol, the Old Testament Hebrew word for “abode of the dead.” Then there was Hades, the Greek word for “underground abode of the dead.” And finally, hell (the English word helan) means “to conceal.” This was further interpreted as being the grave, aka, “Six Feet Under.” So, the dead lay awaiting Judgment Day. Only then will one rise and live again. At last God will judge who is worthy to live forever and who is not. Those damned will be destroyed. Not to burn forever, but to be completely consumed by fire, never to exist again, to die a second time.
Therefore, certain people should stop pointing fingers at sinners and condemning them straight to hell. It’s blasphemous to claim such knowledge. Some think we are already in hell, thanks to religious fundamentalism. Some think hell is the absence of God. I think cruel people worship a cruel God.
Lori Gilliland
P.O. Box 72
Clancy
Stop pointing fingers
by Lori Gilliland
Wednesday, January 26, 2005
To the Editor:
Did Matthew Sheppard really go straight to hell as a Kansas cult claims? Many find this hard to believe. This and other contentious religious questions continue to divide the faithful and turn others away.
Hell itself has transformed over time. First there was Sheol, the Old Testament Hebrew word for “abode of the dead.” Then there was Hades, the Greek word for “underground abode of the dead.” And finally, hell (the English word helan) means “to conceal.” This was further interpreted as being the grave, aka, “Six Feet Under.” So, the dead lay awaiting Judgment Day. Only then will one rise and live again. At last God will judge who is worthy to live forever and who is not. Those damned will be destroyed. Not to burn forever, but to be completely consumed by fire, never to exist again, to die a second time.
Therefore, certain people should stop pointing fingers at sinners and condemning them straight to hell. It’s blasphemous to claim such knowledge. Some think we are already in hell, thanks to religious fundamentalism. Some think hell is the absence of God. I think cruel people worship a cruel God.
Lori Gilliland
P.O. Box 72
Clancy
Jan 21, 2005
Science Friday on PBS radio
Science and Religion: Physical Sciences
Where did the universe come from -- and where is it going? Some people find answers to such questions in scientific theories, while others look to religion for answers, We talk about whether there can be common ground between science and religion in the study of the physical sciences, including physics and astronomy.
Science and Religion: Biological Sciences
How do centuries-old religions adapt to new discoveries or new technologies? How do different religious traditions view genetic engineering, cloning, or stem cell research? Can science and religion co-exist?
Where did the universe come from -- and where is it going? Some people find answers to such questions in scientific theories, while others look to religion for answers, We talk about whether there can be common ground between science and religion in the study of the physical sciences, including physics and astronomy.
Science and Religion: Biological Sciences
How do centuries-old religions adapt to new discoveries or new technologies? How do different religious traditions view genetic engineering, cloning, or stem cell research? Can science and religion co-exist?
Soul
Main Entry: 1soul Pronunciation: 'sOlFunction: nounEtymology: Middle English soule, from Old English sAwol; akin to Old High German sEula soul1 : the immaterial essence, animating principle, or actuating cause of an individual life2 a : the spiritual principle embodied in human beings, all rational and spiritual beings, or the universe b capitalized, Christian Science : GOD 1b3 : a person's total self4 a : an active or essential part b : a moving spirit : LEADER5 a : the moral and emotional nature of human beings b : the quality that arouses emotion and sentiment c : spiritual or moral force : FERVOR
Hell
Main Entry: hell Pronunciation: 'helFunction: nounEtymology: Middle English, from Old English; akin to Old English helan to conceal, Old High German helan, Latin celare, Greek kalyptein1 a (1) : a nether world in which the dead continue to exist : HADES (2) : the nether realm of the devil and the demons in which the damned suffer everlasting punishment -- often used in curses or as a generalized term of abuse b Christian Science : ERROR 2b, SIN2 a : a place or state of misery, torment, or wickedness b : a place or state of turmoil or destruction c : a severe scolding d : unrestrained fun or sportiveness -- often used in the phrase for the hell of it especially to suggest action on impulse or without a serious motive 3 archaic : a tailor's receptacle4 -- used as an interjection or as an intensive -- often used in the phrase hell of a or hell out of or with the or in - from hell : being the worst or most dreadful of its kind- hell on : very hard on or destructive to - hell or high water : difficulties of whatever kind or size - hell to pay : dire consequences
Sheol
Jan 12, 2005
MT bill to authorize civil unions
2005 Montana Legislature
About Bill -- Links
HOUSE BILL NO. 259
INTRODUCED BY C. KAUFMANN (She is a openly gay woman in the Montana House of Representatives and she just won re-election in 2004. Go Christine!)
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING CIVIL UNIONS; PROVIDING FOR THE INDIVIDUALS WHO MAY ENTER CIVIL UNIONS; PROVIDING A PROCEDURE FOR ESTABLISHING A CIVIL UNION; PROVIDING FOR A LICENSE AND RECORDING FOR A CIVIL UNION; PROVIDING FOR THE EFFECTS OF A CIVIL UNION; PROVIDING FOR THE DISSOLUTION OF A CIVIL UNION; AND PROVIDING PENALTIES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. As used in [sections 1 through 17], unless the context requires otherwise, the following definitions apply:
(1) "Certificate of civil union" means a document that certifies that the individuals named on the certificate have established a civil union in this state in compliance with [sections 1 through 17].
(2) "Civil union" means that two eligible individuals have established a relationship pursuant to [sections 1 through 17] and may receive the benefits and protections and be subject to the responsibilities of spouses.
(3) "Department" means the department of public health and human services provided for in 2-15-2201.
(4) "Marriage" has the meaning provided in Article XIII, section 7, of the Montana constitution.
(5) "Party to a civil union" means an individual who has established a civil union pursuant to [sections 1 through 17].
NEW SECTION. Section 2. Requisites for valid civil union -- recognition of foreign civil unions. (1) For a civil union to be established in Montana, the parties to a civil union may not be parties to another civil union or a marriage and shall meet the criteria and obligations set forth in [sections 8 through 13].
(2) Civil unions validated by the laws of the place in which they were contracted or by the domicile of the parties are valid in this state.
NEW SECTION. Section 3. Individual not to enter civil union with relative. (1) An individual may not enter a civil union with the individual's parent, grandparent, child, grandchild, sibling, aunt, uncle, niece, or nephew.
(2) A civil union between individuals prohibited from entering a civil union in subsection (1) is void.
NEW SECTION. Section 4. Benefits, protections, and responsibilities of parties to civil union. (1) Parties to a civil union have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative rule, court rule, policy, common law, or any other source of civil law, that are granted to spouses in a marriage.
(2) For the purposes of subsection (1), a party to a civil union must be included in any definition or use of the terms "spouse," "family," "immediate family," "dependent," "next of kin," and other terms that denote the spousal relationship, as those terms are used throughout Montana law.
(3) Parties to a civil union are responsible for the support of one another to the same degree and in the same manner as prescribed in Title 40, chapter 2, parts 1 and 2, for married persons.
(4) The law of domestic relations, including annulment, separation and dissolution, parenting and child support, and property division and maintenance apply to parties to a civil union.
(5) The following is a nonexclusive list of legal benefits, protections, and responsibilities of spouses, which apply in like manner to parties to a civil union:
(a) laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety. The parties to a civil union are determined to meet the common law unity of person qualification for purposes of a tenancy by the entirety.
(b) causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss of consortium, or torts or actions under contracts reciting, related to, or dependent upon spousal status;
(c) probate law and procedure, including nonprobate transfers;
(d) adoption law and procedure;
(e) group insurance for state employees under Title 2, chapter 18, parts 7 and 8;
(f) domestic violence and partner or family member assault programs;
(g) prohibitions against discrimination based upon marital status;
(h) victim's compensation rights;
(i) workers' compensation benefits;
(j) laws relating to emergency and nonemergency medical care and treatment, hospital visitation, and notification, including the rights of a resident of a long-term care facility under 50-5-1104;
(k) terminal care documents under Title 50, chapter 9, and durable power of attorney for health care execution and revocation under 72-31-222;
(l) parental leave benefits under 2-18-606;
(m) public assistance benefits under state law;
(n) laws relating to taxes imposed by the state or a local government;
(o) laws relating to immunity from compelled testimony and the spousal communication privilege under 26-1-802;
(p) the rights of a surviving spouse under Title 72, chapter 2;
(q) laws relating to making, revoking, and objecting to anatomical gifts by others under 72-17-214;
(r) legal requirements for assignment of wages under 31-1-306.
(6) The rights and responsibilities of parties to a civil union with respect to a child of whom either becomes the natural parent during the term of the civil union are the same as those of a married couple with respect to a child of whom either spouse becomes the natural parent during the marriage.
NEW SECTION. Section 5. Modification of civil union terms. Parties to a civil union may modify the terms, conditions, or effects of their civil union in the same manner and to the same extent as married persons who execute a premarital agreement or other agreement recognized and enforceable under the law setting forth particular understandings with respect to their union.
NEW SECTION. Section 6. Dissolution of civil unions. The district court has jurisdiction over all proceedings relating to the dissolution of civil unions. The dissolution of civil unions must follow the same procedures and be subject to the same substantive rights and obligations that are involved in the dissolution of marriage in accordance with Title 40, chapter 4, including residency requirements.
NEW SECTION. Section 7. Department duties. (1) The department shall provide civil union license and certificate forms to all clerks of district court.
(2) The department shall keep a record of all civil unions in the same manner that records of marriage certificates are kept under 50-15-301.
NEW SECTION. Section 8. Issuance of civil union license -- certification -- return of civil union certificate. (1) Upon application in a form prescribed by the department and payment of the fees applicable to a marriage license, a clerk of the district court shall issue a civil union license in the form prescribed by the department and shall enter on the license the names of the parties to the proposed civil union, fill out the license as far as practicable, and retain a copy in the clerk's office. At least one party to the proposed civil union shall sign the application attesting to the accuracy of the facts stated. The license must be issued by the clerk of district court for the county where either party resides. If both parties are nonresidents of the state, the license may be obtained from any clerk of the district court.
(2) A civil union license must be delivered to the individual who shall certify the civil union by one of the parties to the proposed civil union. The license is valid for 180 days from the date of issuance. If the proposed civil union is not certified within 180 days from the date of issuance, the license is void. After an individual has certified the civil union, that individual shall fill out that part of the civil union license form provided for certification, sign the form, and certify the civil union. After certification, the document must be known as a civil union certificate.
(3) Within 10 days of the certification, the individual performing the certification shall return the civil union certificate to the office of the clerk of the district court from which the license was issued. The clerk shall file the original according to 50-15-109.
(4) A clerk of the district court who knowingly issues a civil union license upon application of an individual residing in another county in the state or a clerk who issues a license without first requiring the applicant to fill out, sign, and make an oath to the declaration contained in the license, as provided in subsection (1), shall be fined not more than $50 or less than $20.
(5) An individual applying to a clerk of the district court for a civil union license who makes a material misrepresentation in the declaration of intention is subject to prosecution under the provisions of Title 45, chapter 7, part 2.
(6) A clerk of the district court shall provide an individual who applies for a civil union license with information prepared by the secretary of state that advises the individual of the benefits, protections, and responsibilities of a civil union and of the fact that Montana residency may be required for dissolution of a civil union in Montana.
NEW SECTION. Section 9. Issuance of license. A clerk of the district court shall issue a civil union license to all applicants who have complied with the provisions of [section 8] and who are otherwise qualified under the laws of the state to apply for a civil union license.
NEW SECTION. Section 10. Proof of legal qualifications of parties to civil union -- penalty. (1) Before issuing a civil union license to an applicant, the clerk of the district court must be confident, through presentation of affidavits or other proof, that each party to the proposed civil union meets the statutory criteria to enter into a civil union.
(2) Affidavits must be in a form prescribed by the department and must be attached to and filed with the civil union certificate in the office of the clerk of the district court where the license was issued.
(3) A clerk of the district court who fails to comply with the provisions of this section or who issues a civil union license with knowledge that either or both of the parties to a civil union have failed to comply with the requirements of the laws of this state or an individual who, having authority and having knowledge that the requirements have not been complied with, certifies a civil union, shall be fined not more than $100.
NEW SECTION. Section 11. Restrictions on minors and incompetent persons. (1) A clerk of the district court may not issue a civil union license when either party to the intended civil union:
(a) is under 18 years of age;
(b) lacks the capacity to consent because of mental incapacity or infirmity; or
(c) is under guardianship, without the written consent of the guardian.
(2) A clerk of district court who knowingly violates subsection (1) shall be fined not more than $20. An individual who aids in procuring a civil union license by falsely pretending to be the guardian having authority to give consent to the civil union shall be fined not more than $500.
NEW SECTION. Section 12. Persons authorized to certify civil unions. Civil unions may be certified by a mayor, district court judge, city court judge, justice of the peace, or tribal judge.
NEW SECTION. Section 13. Civil union license required for certification -- failure to return. (1) Individuals authorized by [section 12] to certify civil unions shall require a civil union license of the parties before certifying the civil union.
(2) An individual who certifies a civil union shall be fined not less than $10 if the individual:
(a) certifies a civil union without first obtaining the license; or
(b) fails to properly fill out the license and, within 10 days from the date of the certification, return the license and certificate of civil union to the office of the clerk of the district court from which it was issued.
NEW SECTION. Section 14. Certification by unauthorized individual -- penalty -- validity of civil unions. (1) An unauthorized individual who knowingly undertakes to join others in a civil union is guilty of a misdemeanor and upon conviction shall be imprisoned not more than 6 months, fined not more than $500 or less than $100, or both.
(2) A civil union certified before an individual falsely professing to be authorized to certify a civil union under [section 12] is valid if the civil union is in other respects lawful and if either of the parties to a civil union believed that the party was lawfully joined in a civil union.
NEW SECTION. Section 15. Evidence of civil union. A copy of the record of the civil union received from the clerk of the district court or the department is presumptive evidence of the civil union in all courts.
NEW SECTION. Section 16. Correction of certificate. (1) Within 6 months after a civil union is certified, the clerk of the district court may correct or complete a civil union certificate upon application by a party to a civil union or by the individual who certified the civil union. The clerk of the district court shall certify that the correction or completion was made pursuant to this section and note the date. The clerk of the district court may refuse an application for correction or completion. Upon refusal, the applicant may petition the district court for the correction or completion.
(2) After 6 months from the date a civil union is certified, a civil union certificate may only be corrected or amended pursuant to decree of the district court in the district where the original certificate is filed.
(3) The district court shall set a time for a hearing. After a hearing, the court shall make findings with respect to the correction of the civil union certificate as are supported by the evidence. The court shall issue a decree setting forth the facts as found and shall transmit a certified copy of the decree to the department for inclusion in the system of vital records under Title 50, chapter 15. The department shall transmit the copy to the appropriate clerk of the district court to amend the original or issue a new certificate. The words "Court Amended" must be typed, written, or stamped at the top of the new or amended certificate with the date of the decree and the name of the issuing court.
NEW SECTION. Section 17. Delayed certificates. (1) Individuals who were parties to a certified civil union ceremony in this state for whom a certificate of civil union was not filed, as required by law, may petition the district court of the district in which the civil union license was obtained to determine the facts and to order the issuance of a delayed certificate of civil union.
(2) The district court shall set a time for hearing on the petition. After hearing proper and relevant evidence as may be presented, the court shall make findings with respect to the civil union that are supported by the evidence.
(3) The district court shall issue a decree setting forth the facts as found and shall transmit a certified copy of the facts to the department.
(4) When a delayed certificate is to be issued, the department shall prepare a delayed certificate of civil union and shall transmit it, with the decree, to the clerk of the district court where the civil union license was issued. This delayed certificate must have the word "Delayed" printed at the top and must certify that the certificate was ordered by a court pursuant to this section, with the date of the decree. The clerk of the district court shall file the delayed certificate in accordance with the provisions of 50-15-109.
(5) A clerk of the district court receiving new certificates in accordance with this section shall file and index them in the most recent book of civil unions and shall also index them with civil unions occurring at the same time.
- END -
Latest Version of HB 259 (HB0259.01)Processed for the Web on January 10, 2005 (5:10pm)
About Bill -- Links
HOUSE BILL NO. 259
INTRODUCED BY C. KAUFMANN (She is a openly gay woman in the Montana House of Representatives and she just won re-election in 2004. Go Christine!)
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING CIVIL UNIONS; PROVIDING FOR THE INDIVIDUALS WHO MAY ENTER CIVIL UNIONS; PROVIDING A PROCEDURE FOR ESTABLISHING A CIVIL UNION; PROVIDING FOR A LICENSE AND RECORDING FOR A CIVIL UNION; PROVIDING FOR THE EFFECTS OF A CIVIL UNION; PROVIDING FOR THE DISSOLUTION OF A CIVIL UNION; AND PROVIDING PENALTIES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. As used in [sections 1 through 17], unless the context requires otherwise, the following definitions apply:
(1) "Certificate of civil union" means a document that certifies that the individuals named on the certificate have established a civil union in this state in compliance with [sections 1 through 17].
(2) "Civil union" means that two eligible individuals have established a relationship pursuant to [sections 1 through 17] and may receive the benefits and protections and be subject to the responsibilities of spouses.
(3) "Department" means the department of public health and human services provided for in 2-15-2201.
(4) "Marriage" has the meaning provided in Article XIII, section 7, of the Montana constitution.
(5) "Party to a civil union" means an individual who has established a civil union pursuant to [sections 1 through 17].
NEW SECTION. Section 2. Requisites for valid civil union -- recognition of foreign civil unions. (1) For a civil union to be established in Montana, the parties to a civil union may not be parties to another civil union or a marriage and shall meet the criteria and obligations set forth in [sections 8 through 13].
(2) Civil unions validated by the laws of the place in which they were contracted or by the domicile of the parties are valid in this state.
NEW SECTION. Section 3. Individual not to enter civil union with relative. (1) An individual may not enter a civil union with the individual's parent, grandparent, child, grandchild, sibling, aunt, uncle, niece, or nephew.
(2) A civil union between individuals prohibited from entering a civil union in subsection (1) is void.
NEW SECTION. Section 4. Benefits, protections, and responsibilities of parties to civil union. (1) Parties to a civil union have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative rule, court rule, policy, common law, or any other source of civil law, that are granted to spouses in a marriage.
(2) For the purposes of subsection (1), a party to a civil union must be included in any definition or use of the terms "spouse," "family," "immediate family," "dependent," "next of kin," and other terms that denote the spousal relationship, as those terms are used throughout Montana law.
(3) Parties to a civil union are responsible for the support of one another to the same degree and in the same manner as prescribed in Title 40, chapter 2, parts 1 and 2, for married persons.
(4) The law of domestic relations, including annulment, separation and dissolution, parenting and child support, and property division and maintenance apply to parties to a civil union.
(5) The following is a nonexclusive list of legal benefits, protections, and responsibilities of spouses, which apply in like manner to parties to a civil union:
(a) laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety. The parties to a civil union are determined to meet the common law unity of person qualification for purposes of a tenancy by the entirety.
(b) causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss of consortium, or torts or actions under contracts reciting, related to, or dependent upon spousal status;
(c) probate law and procedure, including nonprobate transfers;
(d) adoption law and procedure;
(e) group insurance for state employees under Title 2, chapter 18, parts 7 and 8;
(f) domestic violence and partner or family member assault programs;
(g) prohibitions against discrimination based upon marital status;
(h) victim's compensation rights;
(i) workers' compensation benefits;
(j) laws relating to emergency and nonemergency medical care and treatment, hospital visitation, and notification, including the rights of a resident of a long-term care facility under 50-5-1104;
(k) terminal care documents under Title 50, chapter 9, and durable power of attorney for health care execution and revocation under 72-31-222;
(l) parental leave benefits under 2-18-606;
(m) public assistance benefits under state law;
(n) laws relating to taxes imposed by the state or a local government;
(o) laws relating to immunity from compelled testimony and the spousal communication privilege under 26-1-802;
(p) the rights of a surviving spouse under Title 72, chapter 2;
(q) laws relating to making, revoking, and objecting to anatomical gifts by others under 72-17-214;
(r) legal requirements for assignment of wages under 31-1-306.
(6) The rights and responsibilities of parties to a civil union with respect to a child of whom either becomes the natural parent during the term of the civil union are the same as those of a married couple with respect to a child of whom either spouse becomes the natural parent during the marriage.
NEW SECTION. Section 5. Modification of civil union terms. Parties to a civil union may modify the terms, conditions, or effects of their civil union in the same manner and to the same extent as married persons who execute a premarital agreement or other agreement recognized and enforceable under the law setting forth particular understandings with respect to their union.
NEW SECTION. Section 6. Dissolution of civil unions. The district court has jurisdiction over all proceedings relating to the dissolution of civil unions. The dissolution of civil unions must follow the same procedures and be subject to the same substantive rights and obligations that are involved in the dissolution of marriage in accordance with Title 40, chapter 4, including residency requirements.
NEW SECTION. Section 7. Department duties. (1) The department shall provide civil union license and certificate forms to all clerks of district court.
(2) The department shall keep a record of all civil unions in the same manner that records of marriage certificates are kept under 50-15-301.
NEW SECTION. Section 8. Issuance of civil union license -- certification -- return of civil union certificate. (1) Upon application in a form prescribed by the department and payment of the fees applicable to a marriage license, a clerk of the district court shall issue a civil union license in the form prescribed by the department and shall enter on the license the names of the parties to the proposed civil union, fill out the license as far as practicable, and retain a copy in the clerk's office. At least one party to the proposed civil union shall sign the application attesting to the accuracy of the facts stated. The license must be issued by the clerk of district court for the county where either party resides. If both parties are nonresidents of the state, the license may be obtained from any clerk of the district court.
(2) A civil union license must be delivered to the individual who shall certify the civil union by one of the parties to the proposed civil union. The license is valid for 180 days from the date of issuance. If the proposed civil union is not certified within 180 days from the date of issuance, the license is void. After an individual has certified the civil union, that individual shall fill out that part of the civil union license form provided for certification, sign the form, and certify the civil union. After certification, the document must be known as a civil union certificate.
(3) Within 10 days of the certification, the individual performing the certification shall return the civil union certificate to the office of the clerk of the district court from which the license was issued. The clerk shall file the original according to 50-15-109.
(4) A clerk of the district court who knowingly issues a civil union license upon application of an individual residing in another county in the state or a clerk who issues a license without first requiring the applicant to fill out, sign, and make an oath to the declaration contained in the license, as provided in subsection (1), shall be fined not more than $50 or less than $20.
(5) An individual applying to a clerk of the district court for a civil union license who makes a material misrepresentation in the declaration of intention is subject to prosecution under the provisions of Title 45, chapter 7, part 2.
(6) A clerk of the district court shall provide an individual who applies for a civil union license with information prepared by the secretary of state that advises the individual of the benefits, protections, and responsibilities of a civil union and of the fact that Montana residency may be required for dissolution of a civil union in Montana.
NEW SECTION. Section 9. Issuance of license. A clerk of the district court shall issue a civil union license to all applicants who have complied with the provisions of [section 8] and who are otherwise qualified under the laws of the state to apply for a civil union license.
NEW SECTION. Section 10. Proof of legal qualifications of parties to civil union -- penalty. (1) Before issuing a civil union license to an applicant, the clerk of the district court must be confident, through presentation of affidavits or other proof, that each party to the proposed civil union meets the statutory criteria to enter into a civil union.
(2) Affidavits must be in a form prescribed by the department and must be attached to and filed with the civil union certificate in the office of the clerk of the district court where the license was issued.
(3) A clerk of the district court who fails to comply with the provisions of this section or who issues a civil union license with knowledge that either or both of the parties to a civil union have failed to comply with the requirements of the laws of this state or an individual who, having authority and having knowledge that the requirements have not been complied with, certifies a civil union, shall be fined not more than $100.
NEW SECTION. Section 11. Restrictions on minors and incompetent persons. (1) A clerk of the district court may not issue a civil union license when either party to the intended civil union:
(a) is under 18 years of age;
(b) lacks the capacity to consent because of mental incapacity or infirmity; or
(c) is under guardianship, without the written consent of the guardian.
(2) A clerk of district court who knowingly violates subsection (1) shall be fined not more than $20. An individual who aids in procuring a civil union license by falsely pretending to be the guardian having authority to give consent to the civil union shall be fined not more than $500.
NEW SECTION. Section 12. Persons authorized to certify civil unions. Civil unions may be certified by a mayor, district court judge, city court judge, justice of the peace, or tribal judge.
NEW SECTION. Section 13. Civil union license required for certification -- failure to return. (1) Individuals authorized by [section 12] to certify civil unions shall require a civil union license of the parties before certifying the civil union.
(2) An individual who certifies a civil union shall be fined not less than $10 if the individual:
(a) certifies a civil union without first obtaining the license; or
(b) fails to properly fill out the license and, within 10 days from the date of the certification, return the license and certificate of civil union to the office of the clerk of the district court from which it was issued.
NEW SECTION. Section 14. Certification by unauthorized individual -- penalty -- validity of civil unions. (1) An unauthorized individual who knowingly undertakes to join others in a civil union is guilty of a misdemeanor and upon conviction shall be imprisoned not more than 6 months, fined not more than $500 or less than $100, or both.
(2) A civil union certified before an individual falsely professing to be authorized to certify a civil union under [section 12] is valid if the civil union is in other respects lawful and if either of the parties to a civil union believed that the party was lawfully joined in a civil union.
NEW SECTION. Section 15. Evidence of civil union. A copy of the record of the civil union received from the clerk of the district court or the department is presumptive evidence of the civil union in all courts.
NEW SECTION. Section 16. Correction of certificate. (1) Within 6 months after a civil union is certified, the clerk of the district court may correct or complete a civil union certificate upon application by a party to a civil union or by the individual who certified the civil union. The clerk of the district court shall certify that the correction or completion was made pursuant to this section and note the date. The clerk of the district court may refuse an application for correction or completion. Upon refusal, the applicant may petition the district court for the correction or completion.
(2) After 6 months from the date a civil union is certified, a civil union certificate may only be corrected or amended pursuant to decree of the district court in the district where the original certificate is filed.
(3) The district court shall set a time for a hearing. After a hearing, the court shall make findings with respect to the correction of the civil union certificate as are supported by the evidence. The court shall issue a decree setting forth the facts as found and shall transmit a certified copy of the decree to the department for inclusion in the system of vital records under Title 50, chapter 15. The department shall transmit the copy to the appropriate clerk of the district court to amend the original or issue a new certificate. The words "Court Amended" must be typed, written, or stamped at the top of the new or amended certificate with the date of the decree and the name of the issuing court.
NEW SECTION. Section 17. Delayed certificates. (1) Individuals who were parties to a certified civil union ceremony in this state for whom a certificate of civil union was not filed, as required by law, may petition the district court of the district in which the civil union license was obtained to determine the facts and to order the issuance of a delayed certificate of civil union.
(2) The district court shall set a time for hearing on the petition. After hearing proper and relevant evidence as may be presented, the court shall make findings with respect to the civil union that are supported by the evidence.
(3) The district court shall issue a decree setting forth the facts as found and shall transmit a certified copy of the facts to the department.
(4) When a delayed certificate is to be issued, the department shall prepare a delayed certificate of civil union and shall transmit it, with the decree, to the clerk of the district court where the civil union license was issued. This delayed certificate must have the word "Delayed" printed at the top and must certify that the certificate was ordered by a court pursuant to this section, with the date of the decree. The clerk of the district court shall file the delayed certificate in accordance with the provisions of 50-15-109.
(5) A clerk of the district court receiving new certificates in accordance with this section shall file and index them in the most recent book of civil unions and shall also index them with civil unions occurring at the same time.
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Latest Version of HB 259 (HB0259.01)Processed for the Web on January 10, 2005 (5:10pm)
MT Bill adding Sexual orientation to anit-discrimination legislation
2005 Montana Legislature
About Bill -- Links
SENATE BILL NO. 199
INTRODUCED BY K. TOOLE
A BILL FOR AN ACT ENTITLED: "AN ACT PROTECTING SEXUAL ORIENTATION UNDER THE HUMAN RIGHTS LAWS; AND AMENDING SECTIONS 49-1-102, 49-2-303, 49-2-304, 49-2-305, 49-2-306, 49-2-307, 49-2-308, 49-2-403, 49-2-602, 49-3-201, 49-3-202, 49-3-203, 49-3-204, 49-3-205, 49-3-206, AND 49-3-207, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 49-1-102, MCA, is amended to read:
"49-1-102. Freedom from discrimination. (1) The right to be free from discrimination because of race, creed, religion, color, sex, sexual orientation, physical or mental disability, age, or national origin is recognized as and declared to be a civil right. This right must include but not be limited to:
(a) the right to obtain and hold employment without discrimination; and
(b) the right to the full enjoyment of any of the accommodation facilities or privileges of any place of public resort, accommodation, assemblage, or amusement.
(2) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in subsection (1). Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section."
Section 2. Section 49-2-303, MCA, is amended to read:
"49-2-303. Discrimination in employment. (1) It is an unlawful discriminatory practice for:
(a) an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, sexual orientation, or sex when the reasonable demands of the position do not require an age, physical or mental disability, marital status, sexual orientation, or sex distinction;
(b) a labor organization or joint labor management committee controlling apprenticeship to exclude or expel any person from its membership or from an apprenticeship or training program or to discriminate in any way against a member of or an applicant to the labor organization or an employer or employee because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, sexual orientation, or sex when the reasonable demands of the program do not require an age, physical or mental disability, marital status, sexual orientation, or sex distinction;
(c) an employer or employment agency to print or circulate or cause to be printed or circulated a statement, advertisement, or publication or to use an employment application that expresses, directly or indirectly, a limitation, specification, or discrimination as to sex, sexual orientation, marital status, age, physical or mental disability, race, creed, religion, color, or national origin or an intent to make the limitation, unless based upon a bona fide occupational qualification;
(d) an employment agency to fail or refuse to refer for employment, to classify, or otherwise to discriminate against any individual because of sex, sexual orientation, marital status, age, physical or mental disability, race, creed, religion, color, or national origin, unless based upon a bona fide occupational qualification.
(2) The exceptions permitted in subsection (1) based on bona fide occupational qualifications must be strictly construed.
(3) Compliance with 2-2-302 and 2-2-303, which prohibit nepotism in public agencies, may not be construed as a violation of this section.
(4) The application of a hiring preference, as provided for in 2-18-111 and 18-1-110, may not be construed to be a violation of this section.
(5) It is not a violation of the prohibition against marital status discrimination in this section:
(a) for an employer or labor organization to provide greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents; or
(b) for an employer to employ or offer to employ a person who is qualified for the position and to also employ or offer to employ the person's spouse."
Section 3. Section 49-2-304, MCA, is amended to read:
"49-2-304. Discrimination in public accommodations. (1) Except when the distinction is based on reasonable grounds, it is an unlawful discriminatory practice for the owner, lessee, manager, agent, or employee of a public accommodation:
(a) to refuse, withhold from, or deny to a person any of its services, goods, facilities, advantages, or privileges because of sex, sexual orientation, marital status, race, age, physical or mental disability, creed, religion, color, or national origin;
(b) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement which that states or implies that any of the services, goods, facilities, advantages, or privileges of the public accommodation will be refused, withheld from, or denied to a person of a certain race, creed, religion, sex, sexual orientation, marital status, age, physical or mental disability, color, or national origin.
(2) Except when the distinction is based on reasonable grounds, it is an unlawful discriminatory practice for a licensee under Title 16, chapter 4, to exclude from its membership or from its services, goods, facilities, advantages, privileges, or accommodations any individual on the grounds of race, color, religion, creed, sex, sexual orientation, marital status, age, physical or mental disability, or national origin. This subsection does not apply to any lodge of a recognized national fraternal organization.
(3) Nothing in this section prohibits public accommodations from giving or providing special benefits, incentives, discounts, or promotions for the benefit of individuals based on age."
Section 4. Section 49-2-305, MCA, is amended to read:
"49-2-305. Discrimination in housing -- exemptions. (1) It is an unlawful discriminatory practice for the owner, lessee, or manager having the right to sell, lease, or rent a housing accommodation or improved or unimproved property or for any other person:
(a) to refuse to sell, lease, or rent the housing accommodation or property to a person because of sex, sexual orientation, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin;
(b) to discriminate against a person because of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the use, sale, lease, or rental of the housing accommodation or property;
(c) to make an inquiry of the sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin of a person seeking to buy, lease, or rent a housing accommodation or property for the purpose of discriminating on the basis of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin;
(d) to refuse to negotiate for a sale or to otherwise make unavailable or deny a housing accommodation or property because of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin;
(e) to represent to a person that a housing accommodation or property is not available for inspection, sale, or rental because of that person's sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin when the housing accommodation or property is in fact available; or
(f) for profit, to induce or attempt to induce a person to sell or rent a housing accommodation or property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin.
(2) The rental of sleeping rooms in a private residence designed for single-family occupancy in which the owner also resides is excluded from the provisions of subsection (1), provided that the owner rents no more than three sleeping rooms within the residence.
(3) It is an unlawful discriminatory practice to make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement that indicates any preference, limitation, or discrimination that is prohibited by subsection (1) or any intention to make or have a prohibited preference, limitation, or discrimination.
(4) It is an unlawful discriminatory practice for a person to discriminate because of a physical or mental disability of a buyer, lessee, or renter; of a person residing in or intending to reside in or on the housing accommodation or property after it is sold, leased, rented, or made available; or of any person associated with that buyer, lessee, or renter:
(a) in the sale, rental, or availability of the housing accommodation or property;
(b) in the terms, conditions, or privileges of a sale or rental of the housing accommodation or property; or
(c) in the provision of services or facilities in connection with the housing accommodation or property.
(5) For purposes of subsections (1) and (4), discrimination because of physical or mental disability includes:
(a) refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person with a disability if the modifications may be necessary to allow the person full enjoyment of the premises, except that in the case of a lease or rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the lessor's or renter's agreement to restore the interior of the premises to the condition that existed before the modification, except for reasonable wear and tear;
(b) refusal to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to allow the person equal opportunity to use and enjoy a housing accommodation or property; or
(c) (i) except as provided in subsection (5)(c)(ii), in connection with the design and construction of a covered multifamily housing accommodation, a failure to design and construct the housing accommodation in a manner that:
(A) provides at least one accessible building entrance on an accessible route;
(B) makes the public use and common use portions of the housing accommodation readily accessible to and usable by a person with a disability;
(C) provides that all doors designed to allow passage into and within all premises within the housing accommodation are sufficiently wide to allow passage by a person with a disability who uses a wheelchair; and
(D) ensures that all premises within the housing accommodation contain the following features of adaptive design:
(I) an accessible route into and through the housing accommodation;
(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later installation of grab bars; and
(IV) usable kitchens and bathrooms that allow an individual who uses a wheelchair to maneuver about the space;
(ii) a covered multifamily housing accommodation that does not have at least one building entrance on an accessible route because it is impractical to do so due to the terrain or unusual characteristics of the site is not required to comply with the requirements of subsection (5)(c)(i).
(6) For purposes of subsection (5), the term "covered multifamily housing accommodation" means:
(a) a building consisting of four or more dwelling units if the building has one or more elevators; and
(b) ground floor units in a building consisting of four or more dwelling units.
(7) (a) It is an unlawful discriminatory practice for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate because of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin against a person in making available a transaction or in the terms or conditions of a transaction.
(b) For purposes of this subsection (7), the term "residential real estate-related transaction" means any of the following:
(i) the making or purchasing of loans or providing other financial assistance:
(A) for purchasing, constructing, improving, repairing, or maintaining a housing accommodation or property; or
(B) secured by residential real estate; or
(ii) the selling, brokering, or appraising of residential real property.
(8) It is an unlawful discriminatory practice to deny a person access to or membership or participation in a multiple-listing service; real estate brokers' organization; or other service, organization, or facility relating to the business of selling, leasing, or renting housing accommodations or property or to discriminate against the person in the terms or conditions of access, membership, or participation because of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin.
(9) It is an unlawful discriminatory practice to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of or because of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of a right granted or protected by this section.
(10) The prohibitions of this section against discrimination because of age and familial status do not extend to housing for older persons. "Housing for older persons" means housing:
(a) provided under any state or federal program specifically designed and operated to assist elderly persons;
(b) intended for, and solely occupied by, persons 62 years of age or older; or
(c) intended and operated for occupancy by at least one person 55 years of age or older per unit in accordance with the provisions of 42 U.S.C. 3607(b)(2)(C) and (b)(3) through (b)(5), as those provisions read on March 31, 1996.
(11) The prohibitions of subsection (1) against discrimination because of age and familial status do not extend to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies one of the living quarters as the owner's residence.
(12) For purposes of this section, "familial status" means having a child or children who live or will live with a person. A distinction based on familial status includes one that is based on the age of a child or children who live or will live with a person."
Section 5. Section 49-2-306, MCA, is amended to read:
"49-2-306. Discrimination in financing and credit transactions. (1) It is an unlawful discriminatory practice for a financial institution, upon receiving an application for financial assistance, to permit an official or employee, during the execution of that person's duties, to discriminate against the applicant because of sex, sexual orientation, marital status, race, creed, religion, age, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the obtainment or use of the institution's financial assistance, unless based on reasonable grounds.
(2) It is an unlawful discriminatory practice for a creditor to discriminate on the basis of race, color, religion, creed, national origin, age, mental or physical disability, sex, sexual orientation, or marital status against any person in any credit transaction that is subject to the jurisdiction of any state or federal court of record."
Section 6. Section 49-2-307, MCA, is amended to read:
"49-2-307. Discrimination in education. It is an unlawful discriminatory practice for an educational institution:
(1) to exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution because of race, creed, religion, sex, sexual orientation, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds;
(2) to make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information or to make or keep a record concerning the race, color, sex, sexual orientation, marital status, age, creed, religion, physical or mental disability, or national origin of an applicant for admission, except as permitted by regulations of the commission;
(3) to print, publish, or cause to be printed or published a catalog or other notice or advertisement indicating a limitation, specification, or discrimination based on the race, color, creed, religion, age, physical or mental disability, sex, sexual orientation, marital status, or national origin of an applicant for admission; or
(4) to announce or follow a policy of denial or limitation of educational opportunities of a group or its members, through a quota or otherwise, because of race, color, sex, sexual orientation, marital status, age, creed, religion, physical or mental disability, or national origin."
Section 7. Section 49-2-308, MCA, is amended to read:
"49-2-308. Discrimination by the state. (1) It is an unlawful discriminatory practice for the state or any of its political subdivisions:
(a) to refuse, withhold from, or deny to a person any local, state, or federal funds, services, goods, facilities, advantages, or privileges because of race, creed, religion, sex, sexual orientation, marital status, color, age, physical or mental disability, or national origin, unless based on reasonable grounds;
(b) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement which that states or implies that any local, state, or federal funds, services, goods, facilities, advantages, or privileges of the office or agency will be refused, withheld from, or denied to a person of a certain race, creed, religion, sex, sexual orientation, marital status, color, age, physical or mental disability, or national origin or that the patronage of a person of a particular race, creed, religion, sex, sexual orientation, marital status, color, age, or national origin or possessing a physical or mental disability is unwelcome or not desired or solicited, unless based on reasonable grounds;
(c) to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of that person's political beliefs. However, this prohibition does not apply to policymaking positions on the immediate staff of an elected officer of the executive branch provided for in Article VI, section 1, of the Montana constitution, to the appointment by the governor of a director of a principal department provided for in Article VI, section 7, of the Montana constitution, or to the immediate staff of the majority and minority leadership of the Montana legislature.
(2) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in subsection (1)."
Section 8. Section 49-2-403, MCA, is amended to read:
"49-2-403. Specific limits on justification. (1) Except as permitted in 49-2-303(3) through (5) and 49-3-201(5), sex, sexual orientation, marital status, age, physical or mental disability, race, creed, religion, color, or national origin may not comprise justification for discrimination except for the legally demonstrable purpose of correcting a previous discriminatory practice.
(2) Age or mental disability may represent a legitimate discriminatory criterion in credit transactions only as it relates to a person's capacity to make or be bound by contracts or other obligations."
Section 9. Section 49-2-602, MCA, is amended to read:
"49-2-602. Intimidation or interference in right to be free from housing discrimination -- penalties. (1) It is unlawful for a person, whether or not acting under color of law, by force or threat of force to purposefully or knowingly injure, intimidate, or interfere with or attempt to injure, intimidate, or interfere with:
(a) a person because of sex, sexual orientation, race, creed, religion, age, familial status, physical or mental disability, color, or national origin and because the person is or has been:
(i) selling, purchasing, renting, leasing, financing, or occupying or contracting or negotiating for the sale, purchase, lease, rental, financing, or occupation of any housing accommodation or property; or
(ii) applying for or participating in any service, organization, or facility relating to the business of selling, leasing, or renting housing accommodations or property;
(b) a person because that person is or has been:
(i) participating, without discrimination because of sex, sexual orientation, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in any of the activities, services, organizations, or facilities described in this subsection (1); or
(ii) affording another person or class of persons opportunity or protection to participate in those activities, services, organizations, or facilities; or
(c) a citizen because the citizen is or has been, or in order to discourage that citizen or any other citizen from, lawfully aiding or encouraging other persons to participate in any of the activities, services, organizations, or facilities described in this subsection (1) or because the citizen is or has been lawfully participating in speech or peaceful assembly opposing any denial of the opportunity to participate.
(2) A person who violates a provision of subsection (1):
(a) shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both;
(b) if bodily injury results, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both; or
(c) if death results, shall be subject to imprisonment for any term of years or for life."
Section 10. Section 49-3-201, MCA, is amended to read:
"49-3-201. Employment of state and local government personnel. (1) State and local government officials and supervisory personnel shall recruit, appoint, assign, train, evaluate, and promote personnel on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin.
(2) All state and local governmental agencies shall:
(a) promulgate written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state and local government;
(b) regularly review their personnel practices to assure ensure compliance; and
(c) conduct continuing orientation and training programs with emphasis on human relations and fair employment practices.
(3) The department of administration shall ensure that the entire examination process, including appraisal of qualifications, is free from bias.
(4) Appointing authorities shall exercise care to ensure utilization of minority group persons.
(5) Compliance with 2-2-302 and 2-2-303, which prohibit nepotism in public agencies, may not be construed as a violation of this section."
Section 11. Section 49-3-202, MCA, is amended to read:
"49-3-202. Employment referrals and placement services. (1) All state and local governmental agencies, including educational institutions, that provide employment referrals or placement services to public or private employers shall accept job orders on a fair practice basis. A job request indicating an intention to exclude a person because of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin must be rejected.
(2) All state and local governmental agencies shall cooperate in programs developed by the commission for human rights for the purpose of broadening the base of job recruitment and shall further cooperate with employers and unions providing the programs.
(3) The department of labor and industry shall cooperate with the commission for human rights in encouraging and enforcing compliance by employers and labor unions with the policy of this chapter and promotion of equal employment opportunities."
Section 12. Section 49-3-203, MCA, is amended to read:
"49-3-203. Educational, counseling, and training programs. All educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state and local governmental agencies or in which state and local governmental agencies participate must be open to all persons, who must be accepted on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin. The programs must be conducted to encourage the full development of the interests, aptitudes, skills, and capacities of all students and trainees, with special attention to the problems of persons who are culturally deprived or who are educationally or economically disadvantaged. Expansion of training opportunities under these programs must be encouraged to involve larger numbers of participants from those segments of the labor force in which the need for upgrading levels of skill is greatest."
Section 13. Section 49-3-204, MCA, is amended to read:
"49-3-204. Licensing. (1) A state or local governmental agency may not grant, deny, or revoke the license or charter of a person on the grounds of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin. Each state or local governmental agency shall take appropriate action in the exercise of its licensing or regulatory power as will assure to ensure equal treatment of all persons, eliminate discrimination, and enforce compliance with the policy of this chapter. This subsection does not prevent the department of public health and human services from licensing a child-placing agency that gives nonarbitrary consideration in adoption proceedings to relevant information concerning the factors listed in this subsection. Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.
(2) The state may not issue or renew a license under Title 16, chapter 4, to an applicant or licensee that excludes from its membership or from its goods, services, facilities, privileges, or advantages any individual on the grounds of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin. This subsection does not apply to any lodge of a recognized national fraternal organization."
Section 14. Section 49-3-205, MCA, is amended to read:
"49-3-205. Governmental services. (1) All services of every state or local governmental agency must be performed without discrimination based upon race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin.
(2) A state or local facility may not be used in the furtherance of any discriminatory practice,. nor may a A state or local governmental agency may not become a party to an agreement, arrangement, or plan that has the effect of sanctioning discriminatory practices.
(3) Each state or local governmental agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of this chapter and shall initiate comprehensive programs to remedy any defect found to exist.
(4) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in this section."
Section 15. Section 49-3-206, MCA, is amended to read:
"49-3-206. Distribution of governmental funds. Race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin may not be considered as limiting factors with regard to applicants' qualifications for benefits authorized by law in state or locally administered programs involving the distribution of funds;. nor may state State agencies may not provide grants, loans, or other financial assistance to public agencies, private institutions, or organizations which that engage in discriminatory practices."
Section 16. Section 49-3-207, MCA, is amended to read:
"49-3-207. Nondiscrimination provision in all public contracts. Every state or local contract or subcontract for construction of public buildings or for other public work or for goods or services must contain a provision that all hiring must be on the basis of merit and qualifications and a provision that there may not be discrimination on the basis of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin by the persons performing the contract."
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About Bill -- Links
SENATE BILL NO. 199
INTRODUCED BY K. TOOLE
A BILL FOR AN ACT ENTITLED: "AN ACT PROTECTING SEXUAL ORIENTATION UNDER THE HUMAN RIGHTS LAWS; AND AMENDING SECTIONS 49-1-102, 49-2-303, 49-2-304, 49-2-305, 49-2-306, 49-2-307, 49-2-308, 49-2-403, 49-2-602, 49-3-201, 49-3-202, 49-3-203, 49-3-204, 49-3-205, 49-3-206, AND 49-3-207, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 49-1-102, MCA, is amended to read:
"49-1-102. Freedom from discrimination. (1) The right to be free from discrimination because of race, creed, religion, color, sex, sexual orientation, physical or mental disability, age, or national origin is recognized as and declared to be a civil right. This right must include but not be limited to:
(a) the right to obtain and hold employment without discrimination; and
(b) the right to the full enjoyment of any of the accommodation facilities or privileges of any place of public resort, accommodation, assemblage, or amusement.
(2) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in subsection (1). Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section."
Section 2. Section 49-2-303, MCA, is amended to read:
"49-2-303. Discrimination in employment. (1) It is an unlawful discriminatory practice for:
(a) an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, sexual orientation, or sex when the reasonable demands of the position do not require an age, physical or mental disability, marital status, sexual orientation, or sex distinction;
(b) a labor organization or joint labor management committee controlling apprenticeship to exclude or expel any person from its membership or from an apprenticeship or training program or to discriminate in any way against a member of or an applicant to the labor organization or an employer or employee because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, sexual orientation, or sex when the reasonable demands of the program do not require an age, physical or mental disability, marital status, sexual orientation, or sex distinction;
(c) an employer or employment agency to print or circulate or cause to be printed or circulated a statement, advertisement, or publication or to use an employment application that expresses, directly or indirectly, a limitation, specification, or discrimination as to sex, sexual orientation, marital status, age, physical or mental disability, race, creed, religion, color, or national origin or an intent to make the limitation, unless based upon a bona fide occupational qualification;
(d) an employment agency to fail or refuse to refer for employment, to classify, or otherwise to discriminate against any individual because of sex, sexual orientation, marital status, age, physical or mental disability, race, creed, religion, color, or national origin, unless based upon a bona fide occupational qualification.
(2) The exceptions permitted in subsection (1) based on bona fide occupational qualifications must be strictly construed.
(3) Compliance with 2-2-302 and 2-2-303, which prohibit nepotism in public agencies, may not be construed as a violation of this section.
(4) The application of a hiring preference, as provided for in 2-18-111 and 18-1-110, may not be construed to be a violation of this section.
(5) It is not a violation of the prohibition against marital status discrimination in this section:
(a) for an employer or labor organization to provide greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents; or
(b) for an employer to employ or offer to employ a person who is qualified for the position and to also employ or offer to employ the person's spouse."
Section 3. Section 49-2-304, MCA, is amended to read:
"49-2-304. Discrimination in public accommodations. (1) Except when the distinction is based on reasonable grounds, it is an unlawful discriminatory practice for the owner, lessee, manager, agent, or employee of a public accommodation:
(a) to refuse, withhold from, or deny to a person any of its services, goods, facilities, advantages, or privileges because of sex, sexual orientation, marital status, race, age, physical or mental disability, creed, religion, color, or national origin;
(b) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement which that states or implies that any of the services, goods, facilities, advantages, or privileges of the public accommodation will be refused, withheld from, or denied to a person of a certain race, creed, religion, sex, sexual orientation, marital status, age, physical or mental disability, color, or national origin.
(2) Except when the distinction is based on reasonable grounds, it is an unlawful discriminatory practice for a licensee under Title 16, chapter 4, to exclude from its membership or from its services, goods, facilities, advantages, privileges, or accommodations any individual on the grounds of race, color, religion, creed, sex, sexual orientation, marital status, age, physical or mental disability, or national origin. This subsection does not apply to any lodge of a recognized national fraternal organization.
(3) Nothing in this section prohibits public accommodations from giving or providing special benefits, incentives, discounts, or promotions for the benefit of individuals based on age."
Section 4. Section 49-2-305, MCA, is amended to read:
"49-2-305. Discrimination in housing -- exemptions. (1) It is an unlawful discriminatory practice for the owner, lessee, or manager having the right to sell, lease, or rent a housing accommodation or improved or unimproved property or for any other person:
(a) to refuse to sell, lease, or rent the housing accommodation or property to a person because of sex, sexual orientation, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin;
(b) to discriminate against a person because of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the use, sale, lease, or rental of the housing accommodation or property;
(c) to make an inquiry of the sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin of a person seeking to buy, lease, or rent a housing accommodation or property for the purpose of discriminating on the basis of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin;
(d) to refuse to negotiate for a sale or to otherwise make unavailable or deny a housing accommodation or property because of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin;
(e) to represent to a person that a housing accommodation or property is not available for inspection, sale, or rental because of that person's sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin when the housing accommodation or property is in fact available; or
(f) for profit, to induce or attempt to induce a person to sell or rent a housing accommodation or property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin.
(2) The rental of sleeping rooms in a private residence designed for single-family occupancy in which the owner also resides is excluded from the provisions of subsection (1), provided that the owner rents no more than three sleeping rooms within the residence.
(3) It is an unlawful discriminatory practice to make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement that indicates any preference, limitation, or discrimination that is prohibited by subsection (1) or any intention to make or have a prohibited preference, limitation, or discrimination.
(4) It is an unlawful discriminatory practice for a person to discriminate because of a physical or mental disability of a buyer, lessee, or renter; of a person residing in or intending to reside in or on the housing accommodation or property after it is sold, leased, rented, or made available; or of any person associated with that buyer, lessee, or renter:
(a) in the sale, rental, or availability of the housing accommodation or property;
(b) in the terms, conditions, or privileges of a sale or rental of the housing accommodation or property; or
(c) in the provision of services or facilities in connection with the housing accommodation or property.
(5) For purposes of subsections (1) and (4), discrimination because of physical or mental disability includes:
(a) refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person with a disability if the modifications may be necessary to allow the person full enjoyment of the premises, except that in the case of a lease or rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the lessor's or renter's agreement to restore the interior of the premises to the condition that existed before the modification, except for reasonable wear and tear;
(b) refusal to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to allow the person equal opportunity to use and enjoy a housing accommodation or property; or
(c) (i) except as provided in subsection (5)(c)(ii), in connection with the design and construction of a covered multifamily housing accommodation, a failure to design and construct the housing accommodation in a manner that:
(A) provides at least one accessible building entrance on an accessible route;
(B) makes the public use and common use portions of the housing accommodation readily accessible to and usable by a person with a disability;
(C) provides that all doors designed to allow passage into and within all premises within the housing accommodation are sufficiently wide to allow passage by a person with a disability who uses a wheelchair; and
(D) ensures that all premises within the housing accommodation contain the following features of adaptive design:
(I) an accessible route into and through the housing accommodation;
(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later installation of grab bars; and
(IV) usable kitchens and bathrooms that allow an individual who uses a wheelchair to maneuver about the space;
(ii) a covered multifamily housing accommodation that does not have at least one building entrance on an accessible route because it is impractical to do so due to the terrain or unusual characteristics of the site is not required to comply with the requirements of subsection (5)(c)(i).
(6) For purposes of subsection (5), the term "covered multifamily housing accommodation" means:
(a) a building consisting of four or more dwelling units if the building has one or more elevators; and
(b) ground floor units in a building consisting of four or more dwelling units.
(7) (a) It is an unlawful discriminatory practice for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate because of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin against a person in making available a transaction or in the terms or conditions of a transaction.
(b) For purposes of this subsection (7), the term "residential real estate-related transaction" means any of the following:
(i) the making or purchasing of loans or providing other financial assistance:
(A) for purchasing, constructing, improving, repairing, or maintaining a housing accommodation or property; or
(B) secured by residential real estate; or
(ii) the selling, brokering, or appraising of residential real property.
(8) It is an unlawful discriminatory practice to deny a person access to or membership or participation in a multiple-listing service; real estate brokers' organization; or other service, organization, or facility relating to the business of selling, leasing, or renting housing accommodations or property or to discriminate against the person in the terms or conditions of access, membership, or participation because of sex, sexual orientation, marital status, race, creed, religion, age, familial status, physical or mental disability, color, or national origin.
(9) It is an unlawful discriminatory practice to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of or because of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of a right granted or protected by this section.
(10) The prohibitions of this section against discrimination because of age and familial status do not extend to housing for older persons. "Housing for older persons" means housing:
(a) provided under any state or federal program specifically designed and operated to assist elderly persons;
(b) intended for, and solely occupied by, persons 62 years of age or older; or
(c) intended and operated for occupancy by at least one person 55 years of age or older per unit in accordance with the provisions of 42 U.S.C. 3607(b)(2)(C) and (b)(3) through (b)(5), as those provisions read on March 31, 1996.
(11) The prohibitions of subsection (1) against discrimination because of age and familial status do not extend to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies one of the living quarters as the owner's residence.
(12) For purposes of this section, "familial status" means having a child or children who live or will live with a person. A distinction based on familial status includes one that is based on the age of a child or children who live or will live with a person."
Section 5. Section 49-2-306, MCA, is amended to read:
"49-2-306. Discrimination in financing and credit transactions. (1) It is an unlawful discriminatory practice for a financial institution, upon receiving an application for financial assistance, to permit an official or employee, during the execution of that person's duties, to discriminate against the applicant because of sex, sexual orientation, marital status, race, creed, religion, age, physical or mental disability, color, or national origin in a term, condition, or privilege relating to the obtainment or use of the institution's financial assistance, unless based on reasonable grounds.
(2) It is an unlawful discriminatory practice for a creditor to discriminate on the basis of race, color, religion, creed, national origin, age, mental or physical disability, sex, sexual orientation, or marital status against any person in any credit transaction that is subject to the jurisdiction of any state or federal court of record."
Section 6. Section 49-2-307, MCA, is amended to read:
"49-2-307. Discrimination in education. It is an unlawful discriminatory practice for an educational institution:
(1) to exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution because of race, creed, religion, sex, sexual orientation, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds;
(2) to make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information or to make or keep a record concerning the race, color, sex, sexual orientation, marital status, age, creed, religion, physical or mental disability, or national origin of an applicant for admission, except as permitted by regulations of the commission;
(3) to print, publish, or cause to be printed or published a catalog or other notice or advertisement indicating a limitation, specification, or discrimination based on the race, color, creed, religion, age, physical or mental disability, sex, sexual orientation, marital status, or national origin of an applicant for admission; or
(4) to announce or follow a policy of denial or limitation of educational opportunities of a group or its members, through a quota or otherwise, because of race, color, sex, sexual orientation, marital status, age, creed, religion, physical or mental disability, or national origin."
Section 7. Section 49-2-308, MCA, is amended to read:
"49-2-308. Discrimination by the state. (1) It is an unlawful discriminatory practice for the state or any of its political subdivisions:
(a) to refuse, withhold from, or deny to a person any local, state, or federal funds, services, goods, facilities, advantages, or privileges because of race, creed, religion, sex, sexual orientation, marital status, color, age, physical or mental disability, or national origin, unless based on reasonable grounds;
(b) to publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement which that states or implies that any local, state, or federal funds, services, goods, facilities, advantages, or privileges of the office or agency will be refused, withheld from, or denied to a person of a certain race, creed, religion, sex, sexual orientation, marital status, color, age, physical or mental disability, or national origin or that the patronage of a person of a particular race, creed, religion, sex, sexual orientation, marital status, color, age, or national origin or possessing a physical or mental disability is unwelcome or not desired or solicited, unless based on reasonable grounds;
(c) to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of that person's political beliefs. However, this prohibition does not apply to policymaking positions on the immediate staff of an elected officer of the executive branch provided for in Article VI, section 1, of the Montana constitution, to the appointment by the governor of a director of a principal department provided for in Article VI, section 7, of the Montana constitution, or to the immediate staff of the majority and minority leadership of the Montana legislature.
(2) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in subsection (1)."
Section 8. Section 49-2-403, MCA, is amended to read:
"49-2-403. Specific limits on justification. (1) Except as permitted in 49-2-303(3) through (5) and 49-3-201(5), sex, sexual orientation, marital status, age, physical or mental disability, race, creed, religion, color, or national origin may not comprise justification for discrimination except for the legally demonstrable purpose of correcting a previous discriminatory practice.
(2) Age or mental disability may represent a legitimate discriminatory criterion in credit transactions only as it relates to a person's capacity to make or be bound by contracts or other obligations."
Section 9. Section 49-2-602, MCA, is amended to read:
"49-2-602. Intimidation or interference in right to be free from housing discrimination -- penalties. (1) It is unlawful for a person, whether or not acting under color of law, by force or threat of force to purposefully or knowingly injure, intimidate, or interfere with or attempt to injure, intimidate, or interfere with:
(a) a person because of sex, sexual orientation, race, creed, religion, age, familial status, physical or mental disability, color, or national origin and because the person is or has been:
(i) selling, purchasing, renting, leasing, financing, or occupying or contracting or negotiating for the sale, purchase, lease, rental, financing, or occupation of any housing accommodation or property; or
(ii) applying for or participating in any service, organization, or facility relating to the business of selling, leasing, or renting housing accommodations or property;
(b) a person because that person is or has been:
(i) participating, without discrimination because of sex, sexual orientation, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in any of the activities, services, organizations, or facilities described in this subsection (1); or
(ii) affording another person or class of persons opportunity or protection to participate in those activities, services, organizations, or facilities; or
(c) a citizen because the citizen is or has been, or in order to discourage that citizen or any other citizen from, lawfully aiding or encouraging other persons to participate in any of the activities, services, organizations, or facilities described in this subsection (1) or because the citizen is or has been lawfully participating in speech or peaceful assembly opposing any denial of the opportunity to participate.
(2) A person who violates a provision of subsection (1):
(a) shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both;
(b) if bodily injury results, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both; or
(c) if death results, shall be subject to imprisonment for any term of years or for life."
Section 10. Section 49-3-201, MCA, is amended to read:
"49-3-201. Employment of state and local government personnel. (1) State and local government officials and supervisory personnel shall recruit, appoint, assign, train, evaluate, and promote personnel on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin.
(2) All state and local governmental agencies shall:
(a) promulgate written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state and local government;
(b) regularly review their personnel practices to assure ensure compliance; and
(c) conduct continuing orientation and training programs with emphasis on human relations and fair employment practices.
(3) The department of administration shall ensure that the entire examination process, including appraisal of qualifications, is free from bias.
(4) Appointing authorities shall exercise care to ensure utilization of minority group persons.
(5) Compliance with 2-2-302 and 2-2-303, which prohibit nepotism in public agencies, may not be construed as a violation of this section."
Section 11. Section 49-3-202, MCA, is amended to read:
"49-3-202. Employment referrals and placement services. (1) All state and local governmental agencies, including educational institutions, that provide employment referrals or placement services to public or private employers shall accept job orders on a fair practice basis. A job request indicating an intention to exclude a person because of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin must be rejected.
(2) All state and local governmental agencies shall cooperate in programs developed by the commission for human rights for the purpose of broadening the base of job recruitment and shall further cooperate with employers and unions providing the programs.
(3) The department of labor and industry shall cooperate with the commission for human rights in encouraging and enforcing compliance by employers and labor unions with the policy of this chapter and promotion of equal employment opportunities."
Section 12. Section 49-3-203, MCA, is amended to read:
"49-3-203. Educational, counseling, and training programs. All educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state and local governmental agencies or in which state and local governmental agencies participate must be open to all persons, who must be accepted on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin. The programs must be conducted to encourage the full development of the interests, aptitudes, skills, and capacities of all students and trainees, with special attention to the problems of persons who are culturally deprived or who are educationally or economically disadvantaged. Expansion of training opportunities under these programs must be encouraged to involve larger numbers of participants from those segments of the labor force in which the need for upgrading levels of skill is greatest."
Section 13. Section 49-3-204, MCA, is amended to read:
"49-3-204. Licensing. (1) A state or local governmental agency may not grant, deny, or revoke the license or charter of a person on the grounds of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin. Each state or local governmental agency shall take appropriate action in the exercise of its licensing or regulatory power as will assure to ensure equal treatment of all persons, eliminate discrimination, and enforce compliance with the policy of this chapter. This subsection does not prevent the department of public health and human services from licensing a child-placing agency that gives nonarbitrary consideration in adoption proceedings to relevant information concerning the factors listed in this subsection. Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.
(2) The state may not issue or renew a license under Title 16, chapter 4, to an applicant or licensee that excludes from its membership or from its goods, services, facilities, privileges, or advantages any individual on the grounds of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin. This subsection does not apply to any lodge of a recognized national fraternal organization."
Section 14. Section 49-3-205, MCA, is amended to read:
"49-3-205. Governmental services. (1) All services of every state or local governmental agency must be performed without discrimination based upon race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin.
(2) A state or local facility may not be used in the furtherance of any discriminatory practice,. nor may a A state or local governmental agency may not become a party to an agreement, arrangement, or plan that has the effect of sanctioning discriminatory practices.
(3) Each state or local governmental agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of this chapter and shall initiate comprehensive programs to remedy any defect found to exist.
(4) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in this section."
Section 15. Section 49-3-206, MCA, is amended to read:
"49-3-206. Distribution of governmental funds. Race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin may not be considered as limiting factors with regard to applicants' qualifications for benefits authorized by law in state or locally administered programs involving the distribution of funds;. nor may state State agencies may not provide grants, loans, or other financial assistance to public agencies, private institutions, or organizations which that engage in discriminatory practices."
Section 16. Section 49-3-207, MCA, is amended to read:
"49-3-207. Nondiscrimination provision in all public contracts. Every state or local contract or subcontract for construction of public buildings or for other public work or for goods or services must contain a provision that all hiring must be on the basis of merit and qualifications and a provision that there may not be discrimination on the basis of race, color, religion, creed, political ideas, sex, sexual orientation, age, marital status, physical or mental disability, or national origin by the persons performing the contract."
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MT bill aimed at protesters blocking Planned Parenthood
2005 Montana Legislature
UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
About Bill -- Links
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE CRIME OF OBSTRUCTING HEALTH CARE FACILITY ACCESS."
WHEREAS, the Montana Legislature recognizes that access to health care facilities to obtain medical counseling and treatment is imperative for the citizens of this state; and
WHEREAS, the exercise of a person's right to protest or counsel against a medical procedure must be balanced against the right of other persons to obtain medical counseling and treatment in an unobstructed manner; and
WHEREAS, preventing the knowing obstruction of a person's access to medical counseling and treatment at a health care facility is a matter of statewide concern; and
WHEREAS, the Montana Legislature declares that it is appropriate and necessary to enact legislation prohibiting a person from knowingly obstructing another person's entry into or exit from a health care facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Obstructing health care facility access. (1) A person commits the offense of obstructing health care facility access if the person knowingly obstructs, hinders, or blocks another person's entry into or exit from a health care facility. Commission of the offense includes but is not limited to knowingly approaching within 8 feet of a person who is entering or leaving a health care facility to give the person written or oral information, to display a sign, or to protest, counsel, or educate about a health issue, when the person does not consent to that activity and is within 36 feet of an entrance to or exit from the health care facility.
(2) A person convicted under this section shall be fined an amount not to exceed $1,000 or be imprisoned for a term not to exceed 6 months, or both.
(3) A city or county may enact an ordinance that is more restrictive than this section if the ordinance complies with applicable United States supreme court decisions.
(4) For purposes of this section, "health care facility" means an entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 8, and the provisions of Title 45, chapter 8, apply to [section 1].
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UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
About Bill -- Links
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE CRIME OF OBSTRUCTING HEALTH CARE FACILITY ACCESS."
WHEREAS, the Montana Legislature recognizes that access to health care facilities to obtain medical counseling and treatment is imperative for the citizens of this state; and
WHEREAS, the exercise of a person's right to protest or counsel against a medical procedure must be balanced against the right of other persons to obtain medical counseling and treatment in an unobstructed manner; and
WHEREAS, preventing the knowing obstruction of a person's access to medical counseling and treatment at a health care facility is a matter of statewide concern; and
WHEREAS, the Montana Legislature declares that it is appropriate and necessary to enact legislation prohibiting a person from knowingly obstructing another person's entry into or exit from a health care facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Obstructing health care facility access. (1) A person commits the offense of obstructing health care facility access if the person knowingly obstructs, hinders, or blocks another person's entry into or exit from a health care facility. Commission of the offense includes but is not limited to knowingly approaching within 8 feet of a person who is entering or leaving a health care facility to give the person written or oral information, to display a sign, or to protest, counsel, or educate about a health issue, when the person does not consent to that activity and is within 36 feet of an entrance to or exit from the health care facility.
(2) A person convicted under this section shall be fined an amount not to exceed $1,000 or be imprisoned for a term not to exceed 6 months, or both.
(3) A city or county may enact an ordinance that is more restrictive than this section if the ordinance complies with applicable United States supreme court decisions.
(4) For purposes of this section, "health care facility" means an entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 8, and the provisions of Title 45, chapter 8, apply to [section 1].
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MT Bill to add sexual orientation to hate crime list
2005 Montana Legislature
UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
About Bill -- Links
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT INCLUDING SEXUAL ORIENTATION, DISABILITY, AND GENDER WITHIN THE CRIME OF MALICIOUS INTIMIDATION OR HARASSMENT; AND AMENDING SECTION 45-5-221, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-5-221, MCA, is amended to read:
"45-5-221. Malicious intimidation or harassment relating to civil or human rights -- penalty. (1) A person commits the offense of malicious intimidation or harassment when, because of another person's race, creed, religion, color, national origin, sexual orientation, disability, gender, or involvement in civil rights or human rights activities, he the person purposely or knowingly, with the intent to terrify, intimidate, threaten, harass, annoy, or offend:
(a) causes bodily injury to another;
(b) causes reasonable apprehension of bodily injury in another; or
(c) damages, destroys, or defaces any property of another or any public property.
(2) For purposes of this section, "deface" includes but is not limited to cross burning or the placing of any word or symbol commonly associated with racial, religious, or ethnic identity or activities on the property of another person without his or her the property owner's permission.
(3) A person convicted of the offense of malicious intimidation or harassment shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both."
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UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
About Bill -- Links
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT INCLUDING SEXUAL ORIENTATION, DISABILITY, AND GENDER WITHIN THE CRIME OF MALICIOUS INTIMIDATION OR HARASSMENT; AND AMENDING SECTION 45-5-221, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-5-221, MCA, is amended to read:
"45-5-221. Malicious intimidation or harassment relating to civil or human rights -- penalty. (1) A person commits the offense of malicious intimidation or harassment when, because of another person's race, creed, religion, color, national origin, sexual orientation, disability, gender, or involvement in civil rights or human rights activities, he the person purposely or knowingly, with the intent to terrify, intimidate, threaten, harass, annoy, or offend:
(a) causes bodily injury to another;
(b) causes reasonable apprehension of bodily injury in another; or
(c) damages, destroys, or defaces any property of another or any public property.
(2) For purposes of this section, "deface" includes but is not limited to cross burning or the placing of any word or symbol commonly associated with racial, religious, or ethnic identity or activities on the property of another person without his or her the property owner's permission.
(3) A person convicted of the offense of malicious intimidation or harassment shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both."
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MT Bill introduced to defend science education
2005 Montana Legislature
About Bill -- Links
SENATE JOINT RESOLUTION NO. 8
INTRODUCED BY K. TOOLE
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA RECOGNIZING THE IMPORTANCE OF SEPARATION OF CHURCH AND STATE AND SUPPORTING THE RIGHT OF LOCAL SCHOOL BOARD TRUSTEES TO ADOPT A SCIENCE CURRICULUM BASED ON SOUND SCIENTIFIC PRINCIPLES AND SUPPORTED BY SCIENCE TEACHERS, PARENTS, AND THE LOCAL COMMUNITY.
WHEREAS, a high quality science education is critically important to Montana students to be able to participate in today's technologically driven society; and
WHEREAS, the statewide science standards adopted by the Board of Public Education and implemented through a science curriculum designed by local boards of trustees across the state have resulted in a very high quality education system in our state; and
WHEREAS, Montana is fortunate to have many knowledgeable science teachers who are well qualified to determine appropriate strategies and tools for teaching science to Montana's students; and
WHEREAS, there are a number of national fundamentalist organizations seeking to force local schools to adopt a science curriculum that conforms to their particular religious beliefs and includes theories commonly referred to as creationism, creation science, and intelligent design theory; and
WHEREAS, in 1999, these organizations were successful in pressuring the Kansas State Board of Education into removing evolution theory from the science curriculum, resulting in the State of Kansas being held up to national ridicule and portraying that state in a very negative light; and
WHEREAS, these national efforts undermine a community's local control, a teacher's academic freedom, and a student's opportunity to receive quality science education; and
WHEREAS, the doctrine of separation of church and state protects citizens, churches, and religious organizations from the government adopting or endorsing a particular religion's teachings.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
(1) That the Montana Legislature support local adoption of a science curriculum that is based on sound scientific principles and supported by science teachers, parents, and the local community.
(2) That the Montana Legislature oppose the efforts of national organizations seeking to impose their religious interpretations of events and phenomena on local schools under the guise of science curricula.
(3) That the Montana Legislature recognize the importance of teaching Montana students about religious traditions, beliefs, and history and encourage inclusion of these topics in religious studies, sociology, and history.
(4) That the Montana Legislature recognize the importance of and support the separation of church and state to protect religious freedom of all citizens to worship as their conscience guides them.
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About Bill -- Links
SENATE JOINT RESOLUTION NO. 8
INTRODUCED BY K. TOOLE
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA RECOGNIZING THE IMPORTANCE OF SEPARATION OF CHURCH AND STATE AND SUPPORTING THE RIGHT OF LOCAL SCHOOL BOARD TRUSTEES TO ADOPT A SCIENCE CURRICULUM BASED ON SOUND SCIENTIFIC PRINCIPLES AND SUPPORTED BY SCIENCE TEACHERS, PARENTS, AND THE LOCAL COMMUNITY.
WHEREAS, a high quality science education is critically important to Montana students to be able to participate in today's technologically driven society; and
WHEREAS, the statewide science standards adopted by the Board of Public Education and implemented through a science curriculum designed by local boards of trustees across the state have resulted in a very high quality education system in our state; and
WHEREAS, Montana is fortunate to have many knowledgeable science teachers who are well qualified to determine appropriate strategies and tools for teaching science to Montana's students; and
WHEREAS, there are a number of national fundamentalist organizations seeking to force local schools to adopt a science curriculum that conforms to their particular religious beliefs and includes theories commonly referred to as creationism, creation science, and intelligent design theory; and
WHEREAS, in 1999, these organizations were successful in pressuring the Kansas State Board of Education into removing evolution theory from the science curriculum, resulting in the State of Kansas being held up to national ridicule and portraying that state in a very negative light; and
WHEREAS, these national efforts undermine a community's local control, a teacher's academic freedom, and a student's opportunity to receive quality science education; and
WHEREAS, the doctrine of separation of church and state protects citizens, churches, and religious organizations from the government adopting or endorsing a particular religion's teachings.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
(1) That the Montana Legislature support local adoption of a science curriculum that is based on sound scientific principles and supported by science teachers, parents, and the local community.
(2) That the Montana Legislature oppose the efforts of national organizations seeking to impose their religious interpretations of events and phenomena on local schools under the guise of science curricula.
(3) That the Montana Legislature recognize the importance of teaching Montana students about religious traditions, beliefs, and history and encourage inclusion of these topics in religious studies, sociology, and history.
(4) That the Montana Legislature recognize the importance of and support the separation of church and state to protect religious freedom of all citizens to worship as their conscience guides them.
- END -
Jan 11, 2005
Inaugural cross ban lawsuit threatened
And they claim others are lawsuit happy.
Monday, January 10, 2005 Posted: 7:50 PM EST (0050 GMT)
WASHINGTON (AP) -- A conservative group is threatening to sue the Secret Service for religious discrimination over security guidelines that would ban Christian crosses from President Bush's inaugural parade route.
The Secret Service said Monday the guidelines were meant to prohibit large structures that could be used as weapons. Crosses were the only religious symbols on the list of banned items.
In a December 17 directive to the National Park Service, the Secret Service mandated that signs and placards along the inaugural parade route down Pennsylvania Avenue be made out of cardboard, poster board or cloth. They may be no more than three feet wide or 20 feet long.
The directive also prohibited folding chairs, bicycles and other structures, and displays "such as puppets, papier mache objects, coffins, crates, crosses, theaters, cages and statues."
"The way it's written, it's an unequivocal ban on crosses," said the Rev. Patrick J. Mahoney of the Christian Defense Coalition. The group is seeking to have the prohibition overturned in federal court if the Secret Service fails to retract it.
"They are not banning large displays of the Star of David or Islamic symbols," Mahoney said. "The only resolution is that they would have to pull 'crosses' out. And they could easily protect religious freedom by saying, 'We ban all structures made of wood."'
The Secret Service was working on a clarification Monday to resolve the flap. Spokesman Tom Mazur said the ban on crosses "is strictly in regards to structures -- certainly not the symbol."
"There is no prohibition on crosses, symbols or messages based on content -- only structures made of materials or of a size that could be used in a potentially threatening or harmful manner," Mazur said.
Monday, January 10, 2005 Posted: 7:50 PM EST (0050 GMT)
WASHINGTON (AP) -- A conservative group is threatening to sue the Secret Service for religious discrimination over security guidelines that would ban Christian crosses from President Bush's inaugural parade route.
The Secret Service said Monday the guidelines were meant to prohibit large structures that could be used as weapons. Crosses were the only religious symbols on the list of banned items.
In a December 17 directive to the National Park Service, the Secret Service mandated that signs and placards along the inaugural parade route down Pennsylvania Avenue be made out of cardboard, poster board or cloth. They may be no more than three feet wide or 20 feet long.
The directive also prohibited folding chairs, bicycles and other structures, and displays "such as puppets, papier mache objects, coffins, crates, crosses, theaters, cages and statues."
"The way it's written, it's an unequivocal ban on crosses," said the Rev. Patrick J. Mahoney of the Christian Defense Coalition. The group is seeking to have the prohibition overturned in federal court if the Secret Service fails to retract it.
"They are not banning large displays of the Star of David or Islamic symbols," Mahoney said. "The only resolution is that they would have to pull 'crosses' out. And they could easily protect religious freedom by saying, 'We ban all structures made of wood."'
The Secret Service was working on a clarification Monday to resolve the flap. Spokesman Tom Mazur said the ban on crosses "is strictly in regards to structures -- certainly not the symbol."
"There is no prohibition on crosses, symbols or messages based on content -- only structures made of materials or of a size that could be used in a potentially threatening or harmful manner," Mazur said.
Preacher dies with heaven on his lips
Is he in Heaven now or not? God only knows.
Tuesday, January 11, 2005 Posted: 7:41 AM EST (1241 GMT)
OVIEDO, Florida (AP) -- A Presbyterian minister collapsed and died at the pulpit after saying "And when I go to heaven...," his colleague said.
The Rev. Jack Arnold, 69, was nearing the end of his sermon Sunday at Covenant Presbyterian Church when he grabbed the podium before falling to the floor, said the Rev. Michael S. Beats, the church's associate pastor.
Several parishioners with medical backgrounds tried to revive Arnold and paramedics were called, but he appeared to die instantly, Beats said.
Arnold had been the senior minister at the church in this Orlando suburb until the late 1990s when he began traveling to Africa and the Middle East to teach pastors.
The cause of death was believed to be cardiac arrest. He had bypass surgery five years earlier.
Tuesday, January 11, 2005 Posted: 7:41 AM EST (1241 GMT)
OVIEDO, Florida (AP) -- A Presbyterian minister collapsed and died at the pulpit after saying "And when I go to heaven...," his colleague said.
The Rev. Jack Arnold, 69, was nearing the end of his sermon Sunday at Covenant Presbyterian Church when he grabbed the podium before falling to the floor, said the Rev. Michael S. Beats, the church's associate pastor.
Several parishioners with medical backgrounds tried to revive Arnold and paramedics were called, but he appeared to die instantly, Beats said.
Arnold had been the senior minister at the church in this Orlando suburb until the late 1990s when he began traveling to Africa and the Middle East to teach pastors.
The cause of death was believed to be cardiac arrest. He had bypass surgery five years earlier.
More from news for today
Enough 'morality' lectures, Thanks
“Satan must laugh in sneerful derision.” • January 11, 2005 11:57 AM ET
I am really tired of the implicit assumption in almost all MSM reporting that “evangelicals” and other (non-Moslem, of course) religious fundamentalists are more “moral” than the rest of us. Since when did we secularists (religious and otherwise) cede the definition of morality to them? If you ask me, it’s pretty damn “immoral” to discriminate against gays and working women, or to force a thirteen year old girl who has been raped by her father to give birth to that child. What’s more, I don’t find a literal reading of the Bible, particularly the Old Testament, to be a very useful moral guide. Is slavery really so terrific? Is it right to stone someone to death because they gather sticks on the Sabbath? Well, it’s there in black and white.
In any case, we don’t have to settle that one now, because the fact is that people who profess to teach us this kind of strict morality we should be practicing don’t really practice it themselves. I don’t mean merely Bill Bennett, Bill O’Reilly, Rush Limbaugh, Newt Gingriich, Jimmy Swaggart, Henry Hyde, etc. I mean all of ‘em—or at least most of ‘em. (And just so there’s no mistake, I don’t mind if people want to gamble, fornicate and get high on their own time. Just shut up about the rest of us, please.) Anyway, don’t take my word for it. The following is borrowed from an article by Ronald J. Sider, professor of theology, holistic ministry, and public policy and director of the Sider Center on Ministry and Public Policy at Eastern Baptist Theological Seminary. He is also president of Evangelicals for Social Action. This article is excerpted from his book The Scandal of the Evangelical Conscience and appeared in Christianity Today. Sider explains:
Scandalous behavior is rapidly destroying American Christianity. By their daily activity, most "Christians" regularly commit treason. With their mouths they claim that Jesus is Lord, but with their actions they demonstrate allegiance to money, sex, and self-fulfillment.
The findings in numerous national polls conducted by highly respected pollsters like The Gallup Organization and The Barna Group are simply shocking. "Gallup and Barna," laments evangelical theologian Michael Horton, "hand us survey after survey demonstrating that evangelical Christians are as likely to embrace lifestyles every bit as hedonistic, materialistic, self-centered, and sexually immoral as the world in general."1 Divorce is more common among "born-again" Christians than in the general American population. Only 6 percent of evangelicals tithe. White evangelicals are the most likely people to object to neighbors of another race. Josh McDowell has pointed out that the sexual promiscuity of evangelical youth is only a little less outrageous than that of their nonevangelical peers.
“Satan must laugh in sneerful derision.” • January 11, 2005 11:57 AM ET
I am really tired of the implicit assumption in almost all MSM reporting that “evangelicals” and other (non-Moslem, of course) religious fundamentalists are more “moral” than the rest of us. Since when did we secularists (religious and otherwise) cede the definition of morality to them? If you ask me, it’s pretty damn “immoral” to discriminate against gays and working women, or to force a thirteen year old girl who has been raped by her father to give birth to that child. What’s more, I don’t find a literal reading of the Bible, particularly the Old Testament, to be a very useful moral guide. Is slavery really so terrific? Is it right to stone someone to death because they gather sticks on the Sabbath? Well, it’s there in black and white.
In any case, we don’t have to settle that one now, because the fact is that people who profess to teach us this kind of strict morality we should be practicing don’t really practice it themselves. I don’t mean merely Bill Bennett, Bill O’Reilly, Rush Limbaugh, Newt Gingriich, Jimmy Swaggart, Henry Hyde, etc. I mean all of ‘em—or at least most of ‘em. (And just so there’s no mistake, I don’t mind if people want to gamble, fornicate and get high on their own time. Just shut up about the rest of us, please.) Anyway, don’t take my word for it. The following is borrowed from an article by Ronald J. Sider, professor of theology, holistic ministry, and public policy and director of the Sider Center on Ministry and Public Policy at Eastern Baptist Theological Seminary. He is also president of Evangelicals for Social Action. This article is excerpted from his book The Scandal of the Evangelical Conscience and appeared in Christianity Today. Sider explains:
Scandalous behavior is rapidly destroying American Christianity. By their daily activity, most "Christians" regularly commit treason. With their mouths they claim that Jesus is Lord, but with their actions they demonstrate allegiance to money, sex, and self-fulfillment.
The findings in numerous national polls conducted by highly respected pollsters like The Gallup Organization and The Barna Group are simply shocking. "Gallup and Barna," laments evangelical theologian Michael Horton, "hand us survey after survey demonstrating that evangelical Christians are as likely to embrace lifestyles every bit as hedonistic, materialistic, self-centered, and sexually immoral as the world in general."1 Divorce is more common among "born-again" Christians than in the general American population. Only 6 percent of evangelicals tithe. White evangelicals are the most likely people to object to neighbors of another race. Josh McDowell has pointed out that the sexual promiscuity of evangelical youth is only a little less outrageous than that of their nonevangelical peers.
Jan 10, 2005
"The Church" & gays
A Letter to the Editor by someone in the Helena, Montana area
This is support?I read, with some interest, the article regarding a group of Christians from Kansas who are coming to Helena to protest against various community churches and their "support" of homosexuals. As a gay man living in this community for the past 30 years I was perplexed to learn that indeed there was so much support for my lifestyle by the various religious institutions singled out by the "Reverend" Fred Phelps. I didn't realize, for example, that the Catholic Church was so supportive of me. But if you read between the lines of what Monsignor Kevin O'Neill stated: "…(the Catholic Church) does not discriminate against the sexual orientation of the individual" I think everyone knows what that means. Frankly, I'm glad that there is a hate-filled group coming to this town to protest my life. I would much rather deal with a group like this, that I know where they are coming from, than with an organization like the Catholic Church that subverts its message and meaning with hidden agendas and rhetorical dogma.Robert B
This is support?I read, with some interest, the article regarding a group of Christians from Kansas who are coming to Helena to protest against various community churches and their "support" of homosexuals. As a gay man living in this community for the past 30 years I was perplexed to learn that indeed there was so much support for my lifestyle by the various religious institutions singled out by the "Reverend" Fred Phelps. I didn't realize, for example, that the Catholic Church was so supportive of me. But if you read between the lines of what Monsignor Kevin O'Neill stated: "…(the Catholic Church) does not discriminate against the sexual orientation of the individual" I think everyone knows what that means. Frankly, I'm glad that there is a hate-filled group coming to this town to protest my life. I would much rather deal with a group like this, that I know where they are coming from, than with an organization like the Catholic Church that subverts its message and meaning with hidden agendas and rhetorical dogma.Robert B
Jan 7, 2005
4 out 5 news sites did not mention Killen was a Preacher
A 79-year-old preacher is arrested in Mississippi for a murder that happened 40 years ago. Edgar Ray Killen is accused of taking part in the 1964 Ku Klux Klan killing of three civil rights workers. The case was dramatized in the 1988 movie "Mississippi Burning." Jerry Mitchell is a reporter with The Clarion-Ledger in Jackson, Mississippi. He's covered the story for the last 15 years. NPR's Renee Montagne speaks with Jerry Mitchell, a reporter with The Clarion-Ledger in Jackson, Miss. about the case.
Amazing.
40 years later, finally an attempt for justice. I love the fact there is no statute of limititions for murder. Only bad thing is this man has been able to live without punishment for so long.
Amazing.
40 years later, finally an attempt for justice. I love the fact there is no statute of limititions for murder. Only bad thing is this man has been able to live without punishment for so long.
Jan 6, 2005
Newdow, the most hated man alive today
It appears Michael Newdow will replace Madalyn Murray O’Hair as the most hated person in America if he hasn't already.
I myself have written a couple of letters to the editor concerning the pledge. So I am familiar with this issue.
The pledge is one of the many xtian hot buttons like evolution, gay marriage, and abortion.
These are a few of the many reasons why the republicans won in 2004. The republicans love this stuff. They pretent to be surprized, amazed and horrified, but in reality they are rubbing thier hands together with glee.
I'm not saying Mr. Newdow should stop trying to restore the pledge, I support his effort. I just wish the "media" would stop using negative terms to decribe him, such as the "Under God" foe.
Media liberal bias my ass. (It may have been once, but not anymore) They should call him a hero for defending the constitution. A brave man for standing up for his rights as an American citizen. The xtians complain of percecution, they should try standing on the court house steps or the street corner and yell "I'm an athiest!" See what kind of reaction they get from the people on the street. When a preacher stands on his soap box, and he may be a bit radical. Everyone, most everyone will tolerate him, its his right..... But if its a liberal with a unpoplur message, what happens? How dare they, glares, the finger, spitting, even a fist fight if the message is particularity offensive.
So much for my ranting today, here is the lastest news concerning Mr. Newdow.
'Under God' foe sues again over pledge
Atheist joined in suit by other parents
Thursday, January 6, 2005 Posted: 10:29 AM EST (1529 GMT) SAN FRANCISCO, California (AP) -- An atheist who sued because he did not want his young daughter exposed to the words "under God" in the Pledge of Allegiance has filed another lawsuit -- this time with other parents.
Michael Newdow won his case more than two years ago before a federal appeals court, which said it was an unconstitutional blending of church and state for public school students to pledge to God.
In June, however, the Supreme Court dismissed the case, saying Newdow could not lawfully sue because he did not have custody of his elementary school-aged daughter and because the girl's mother objected to the lawsuit.
In the latest challenge filed Monday in Sacramento federal court, eight co-plaintiffs have joined the suit, and all are custodial parents or the children themselves, Newdow said.
The plaintiffs' names have been withheld from the lawsuit.
"It's because of the potential adverse impacts of having your name on a case like this. That's why they are not named," Newdow said Wednesday.
He had promised to refile when the Supreme Court dismissed his case this summer.
"I want this decided on its merits," said Newdow, a doctor and a lawyer, who again is the attorney in the latest pledge case.
Although the Supreme Court sidestepped the broader question of separation of church and state when it tossed the case, Chief Justice William H. Rehnquist wrote separately that the pledge as recited by schoolchildren does not violate the Constitution. Justices Sandra Day O'Connor and Clarence Thomas agreed with him.
A fourth justice, Antonin Scalia, removed himself from the case after making off-the-bench remarks that seemed to telegraph his view that the pledge is constitutional.
Rehnquist wrote that the phrase "one nation under God" is more about ceremony and history than about religion. He likened the phrase to the motto "In God We Trust" on U.S. currency, and to the call that opens each session of the high court itself: "God save this honorable court."
Vickram Amar, a constitutional scholar at Hastings College of the Law, said that "this case starts with a 0-4 handicap from the Supreme Court's point of view. Lower court judges are not going to be oblivious to that" when they consider the issue.
No court date has been set.
I myself have written a couple of letters to the editor concerning the pledge. So I am familiar with this issue.
The pledge is one of the many xtian hot buttons like evolution, gay marriage, and abortion.
These are a few of the many reasons why the republicans won in 2004. The republicans love this stuff. They pretent to be surprized, amazed and horrified, but in reality they are rubbing thier hands together with glee.
I'm not saying Mr. Newdow should stop trying to restore the pledge, I support his effort. I just wish the "media" would stop using negative terms to decribe him, such as the "Under God" foe.
Media liberal bias my ass. (It may have been once, but not anymore) They should call him a hero for defending the constitution. A brave man for standing up for his rights as an American citizen. The xtians complain of percecution, they should try standing on the court house steps or the street corner and yell "I'm an athiest!" See what kind of reaction they get from the people on the street. When a preacher stands on his soap box, and he may be a bit radical. Everyone, most everyone will tolerate him, its his right..... But if its a liberal with a unpoplur message, what happens? How dare they, glares, the finger, spitting, even a fist fight if the message is particularity offensive.
So much for my ranting today, here is the lastest news concerning Mr. Newdow.
'Under God' foe sues again over pledge
Atheist joined in suit by other parents
Thursday, January 6, 2005 Posted: 10:29 AM EST (1529 GMT) SAN FRANCISCO, California (AP) -- An atheist who sued because he did not want his young daughter exposed to the words "under God" in the Pledge of Allegiance has filed another lawsuit -- this time with other parents.
Michael Newdow won his case more than two years ago before a federal appeals court, which said it was an unconstitutional blending of church and state for public school students to pledge to God.
In June, however, the Supreme Court dismissed the case, saying Newdow could not lawfully sue because he did not have custody of his elementary school-aged daughter and because the girl's mother objected to the lawsuit.
In the latest challenge filed Monday in Sacramento federal court, eight co-plaintiffs have joined the suit, and all are custodial parents or the children themselves, Newdow said.
The plaintiffs' names have been withheld from the lawsuit.
"It's because of the potential adverse impacts of having your name on a case like this. That's why they are not named," Newdow said Wednesday.
He had promised to refile when the Supreme Court dismissed his case this summer.
"I want this decided on its merits," said Newdow, a doctor and a lawyer, who again is the attorney in the latest pledge case.
Although the Supreme Court sidestepped the broader question of separation of church and state when it tossed the case, Chief Justice William H. Rehnquist wrote separately that the pledge as recited by schoolchildren does not violate the Constitution. Justices Sandra Day O'Connor and Clarence Thomas agreed with him.
A fourth justice, Antonin Scalia, removed himself from the case after making off-the-bench remarks that seemed to telegraph his view that the pledge is constitutional.
Rehnquist wrote that the phrase "one nation under God" is more about ceremony and history than about religion. He likened the phrase to the motto "In God We Trust" on U.S. currency, and to the call that opens each session of the high court itself: "God save this honorable court."
Vickram Amar, a constitutional scholar at Hastings College of the Law, said that "this case starts with a 0-4 handicap from the Supreme Court's point of view. Lower court judges are not going to be oblivious to that" when they consider the issue.
No court date has been set.
Jan 5, 2005
The Montana Human Rights Network "The Good Guys"
Travis is the man!
I wish he could use an assistant.
He does what I do, but gets paid to do it.
Keep up the good work!
I find the Constitution Party down right frightening.
What the Constitution Party is
By TRAVIS McADAM - IR Your Turn - 12/29/04
It would seem that every angle of the hotly-contested legislative race in House District 12 has been covered. The press reported on the recount, the litigation, and the political fallout, as Democrat Jeanne Windham and the Constitution Party's Rick Jore battled for a spot in the Montana House of Representatives.
A significant point, however, was missed. By appointing Jore to the seat, Gov. Judy Martz awarded a fringe political party with a place in the Montana Legislature. Jore is generally described as a "conservative" like Martz, but there is more to the story. There are reasons that members of the Constitution Party have failed to hold state-level office anywhere in the country.While both the Montana and national Constitution Parties like to wrap themselves in God, country and flag, their real agendas are radical. Howard Phillips founded the national Constitution Party in 1992, combining Christian Reconstruction with themes of the militia movement. Reconstructionists believe that civil law should mirror Old Testament biblical law, meaning capital punishment should be extended to gays, lesbians, blasphemers, and adulterers. People who are not "Christian enough" could be denied citizenship, or worse, be executed. The party also promotes "New World Order" conspiracy theories similar to those of the militia movement. The Constitution Party of Montana expanded Phillips' premise. Michael Heit, founder of the state party, proudly proclaims he hasn't paid income taxes since 1987 and is trying to get rid of his Social Security number. Both of these are hallmark practices of groups like the Montana Freemen. In the past, party activists have supported "unorganized militias," a term used by groups like the Militia of Montana in attempts to claim constitutional legitimacy. The current party chairman, Jonathan Martin, brings Religious Right ideology to the table. He and followers regularly picket the Great Falls Planned Parenthood clinic, carrying placards featuring pictures of allegedly aborted fetuses. In the past, both Martin and Heit have lambasted Montana Right to Life for being too moderate.In 2000, Rick Jore joined the Constitution Party. At the time, he was an incumbent Republican representative from Ronan. He left the GOP, saying he needed to belong to a party reflecting his own values. After losing his re-election campaign, Jore hit the Constitution Party speaking circuit, peddling the idea that the GOP is too liberal and no different from Democrats.Jore and the Constitution Party are part of an ultra-conservative faction criticizing the Montana Republican Party's ideology. They insist the GOP is marching towards liberalism, or worse, socialism. This notion is patently absurd, as the Montana Republican Party is widely considered one of the most conservative state parties in all of the country. By choosing Jore, Martz has placed the Constitution Party and Republican conservatism on the same level.Martz says she based her decision on the numbers, so let's take at look at them. There are 5,997 registered voters in HD 12. Jore's vote total comes out to about 26 percent of that population. That is hardly a mandate, which left Martz to choose between the representative of a right-wing, fringe party and a moderate Democrat. Her decision reverberates with partisan political sentiment. Wanting to keep Republicans in control of the House, Martz provided legitimacy to the Constitution Party, something the party had been unable to do on its own. For short-term political gain, Martz has allowed Montana conservatism to take another gigantic step to the right.Travis McAdam is the research director for the Montana Human Rights Network. The Network can be contacted at P.O. Box 1222, Helena, MT 59624.
I wish he could use an assistant.
He does what I do, but gets paid to do it.
Keep up the good work!
I find the Constitution Party down right frightening.
What the Constitution Party is
By TRAVIS McADAM - IR Your Turn - 12/29/04
It would seem that every angle of the hotly-contested legislative race in House District 12 has been covered. The press reported on the recount, the litigation, and the political fallout, as Democrat Jeanne Windham and the Constitution Party's Rick Jore battled for a spot in the Montana House of Representatives.
A significant point, however, was missed. By appointing Jore to the seat, Gov. Judy Martz awarded a fringe political party with a place in the Montana Legislature. Jore is generally described as a "conservative" like Martz, but there is more to the story. There are reasons that members of the Constitution Party have failed to hold state-level office anywhere in the country.While both the Montana and national Constitution Parties like to wrap themselves in God, country and flag, their real agendas are radical. Howard Phillips founded the national Constitution Party in 1992, combining Christian Reconstruction with themes of the militia movement. Reconstructionists believe that civil law should mirror Old Testament biblical law, meaning capital punishment should be extended to gays, lesbians, blasphemers, and adulterers. People who are not "Christian enough" could be denied citizenship, or worse, be executed. The party also promotes "New World Order" conspiracy theories similar to those of the militia movement. The Constitution Party of Montana expanded Phillips' premise. Michael Heit, founder of the state party, proudly proclaims he hasn't paid income taxes since 1987 and is trying to get rid of his Social Security number. Both of these are hallmark practices of groups like the Montana Freemen. In the past, party activists have supported "unorganized militias," a term used by groups like the Militia of Montana in attempts to claim constitutional legitimacy. The current party chairman, Jonathan Martin, brings Religious Right ideology to the table. He and followers regularly picket the Great Falls Planned Parenthood clinic, carrying placards featuring pictures of allegedly aborted fetuses. In the past, both Martin and Heit have lambasted Montana Right to Life for being too moderate.In 2000, Rick Jore joined the Constitution Party. At the time, he was an incumbent Republican representative from Ronan. He left the GOP, saying he needed to belong to a party reflecting his own values. After losing his re-election campaign, Jore hit the Constitution Party speaking circuit, peddling the idea that the GOP is too liberal and no different from Democrats.Jore and the Constitution Party are part of an ultra-conservative faction criticizing the Montana Republican Party's ideology. They insist the GOP is marching towards liberalism, or worse, socialism. This notion is patently absurd, as the Montana Republican Party is widely considered one of the most conservative state parties in all of the country. By choosing Jore, Martz has placed the Constitution Party and Republican conservatism on the same level.Martz says she based her decision on the numbers, so let's take at look at them. There are 5,997 registered voters in HD 12. Jore's vote total comes out to about 26 percent of that population. That is hardly a mandate, which left Martz to choose between the representative of a right-wing, fringe party and a moderate Democrat. Her decision reverberates with partisan political sentiment. Wanting to keep Republicans in control of the House, Martz provided legitimacy to the Constitution Party, something the party had been unable to do on its own. For short-term political gain, Martz has allowed Montana conservatism to take another gigantic step to the right.Travis McAdam is the research director for the Montana Human Rights Network. The Network can be contacted at P.O. Box 1222, Helena, MT 59624.
Hell and judgment Day again! And again
In the following article it says some (really) intense people from Kansas are coming to Montana. I've got to write a letter to the editor about this one. It's an anti-gay church group that goes around harassing liberals/specifically gays. They worship the idea of hell and eternal damnation.
I noticed they bring up judgment day. But as usual, in the same article they talk about people being in Hell now. So again I ask, what is judgment day? I thought that's when God judges each and everyone that has ever walked the earth. "the resurrection of the dead", maybe they thing only saved Christians go straight to heaven and those liberal Christians and other infidels go straight to hell, skip the judgment. That must be it. Um.
I will need to research this idea further.
Here is the newspaper article
Anti-gay group to picket UM, local churches
By Martin J. Kidston - IR Staff Writer - 01/05/05A Kansas church group that abhors homosexuals and claims "God's hatred is one of His holy attributes" is planning a religious protest in Helena next month, targeting several area churches, the Montana Supreme Court, and the University of Montana.
The Westboro Baptist Church, based in Topeka, Kan., gave notice in a fax Monday of its intention to picket Helena's "pro-gay" churches, as well as the "(homosexual)-infested" University of Montana.
"We need to be sure the people of Helena call to mind that there is a God, a standard, and a day of judgment, and it's not OK to be gay," Shirley Phelps-Roper, a member of the Westboro Church, said in a phone interview Tuesday.The six Helena churches targeted by the group are the Calvary Baptist, St. Helena's Cathedral, St. Peter's Episcopal, St. Paul's United Methodist, Our Redeemer's Lutheran, and First Presbyterian."You can put this mess right at their doorstep," Phelps-Roper said of the six churches. "They've carried the big lie that God loves everyone. Does he love those people that have been burning in Hell since the flood? These churches have enabled the sin that plagues this generation."
The group called its arrival in Helena a "religious protest and warning" that was initiated by a Montana Supreme Court ruling that found that gay and lesbian partners of the Montana university system have the same right to health insurance benefits as their heterosexual partners.The group's fax included a picture of the Montana Supreme Court, along with a reference to that court as the "People's Republic of Sodom."Travis McAdam, research director at the Montana Human Rights Network in Helena, said the Westboro Church is led by Fred Phelps, the father of Phelps-Roper — one of his 13 children.Many of the church's congregants, which Phelps-Roper placed at 100, are related to Phelps by blood, according to the Anti-Defamation League.Phelps, along with his family, has made a career protesting gay and lesbian issues around the country, including the funeral of gay murder victim Matthew Shepard. The Southern Poverty Law Center has classified the church as a hate group."Communities have resoundingly rejected these people," McAdam said. "They're generally treated with scorn by the mainstream, and they're not able to generate much sympathy and support locally. They're really the nastiest of the anti-gay groups that are out there."St. Paul's United Methodist Church, one of six churches targeted by the group in Helena, said it will stand by its Doctrine of Social Principles despite the group's attack.Robyn Morrison of St. Paul's said those principles view both homosexuals and heterosexuals as being equal in sacred worth."All persons need the ministry and guidance of the church in their struggles for human fulfillment, as well as the spiritual and emotional care of the fellowship that enables reconciling relationships with God, with others, and with self," Morrison read from the doctrine.Morrison said St. Paul's would likely meet with the five other Helena churches to formulate an appropriate response to the group's protest."We're embarrassed by it for other Christians," Morrison added.Monsignor Kevin O'Neill, of the Helena Diocese, called the group reprehensible and labeled its statements as vile and hate-filled."They don't seek to reside within the truth," O'Neill said. "Theirs is a narrow, bigoted mind, and you have to pray for them."O'Neill said that while the church does not condone or promote the homosexual lifestyle, it does not discriminate against the sexual orientation of the individual.The group's language, he said, is troublesome."The church does not condone this type of response," O'Neill said. "What they represent is indefensible."The fax distributed by the Westboro Church goes on to thank God for the Indian Ocean tsunamis "that swept 20,000 Swedes and other (homosexual) perverts into Hell."Phelps-Roper said the disaster was God's intention to punish a "filthy, disobedient generation.""Who do you think sent that earthquake and tsunami that killed all those people," she said. "If your message doesn't line up with the scriptures, then it's not God's message."The Westboro Church has gained the attention of equal-rights groups, including the Anti-Defamation League. The church's protest signs often bear such statements as "Hell is real: Ask Matt" — a referring to the death of Shepard.The ADL said the group's fliers, such as that received Monday, typically emphasize the race or religion of those it believes are gay. This, according to the ADL, suggests that the church's hate goes beyond it's abhorrence for homosexuals."What appears to be anti-gay rhetoric is often a vehicle for the church's anti-Semitism, hatred of other Christians, and even racism," the ADL said.
I noticed they bring up judgment day. But as usual, in the same article they talk about people being in Hell now. So again I ask, what is judgment day? I thought that's when God judges each and everyone that has ever walked the earth. "the resurrection of the dead", maybe they thing only saved Christians go straight to heaven and those liberal Christians and other infidels go straight to hell, skip the judgment. That must be it. Um.
I will need to research this idea further.
Here is the newspaper article
Anti-gay group to picket UM, local churches
By Martin J. Kidston - IR Staff Writer - 01/05/05A Kansas church group that abhors homosexuals and claims "God's hatred is one of His holy attributes" is planning a religious protest in Helena next month, targeting several area churches, the Montana Supreme Court, and the University of Montana.
The Westboro Baptist Church, based in Topeka, Kan., gave notice in a fax Monday of its intention to picket Helena's "pro-gay" churches, as well as the "(homosexual)-infested" University of Montana.
"We need to be sure the people of Helena call to mind that there is a God, a standard, and a day of judgment, and it's not OK to be gay," Shirley Phelps-Roper, a member of the Westboro Church, said in a phone interview Tuesday.The six Helena churches targeted by the group are the Calvary Baptist, St. Helena's Cathedral, St. Peter's Episcopal, St. Paul's United Methodist, Our Redeemer's Lutheran, and First Presbyterian."You can put this mess right at their doorstep," Phelps-Roper said of the six churches. "They've carried the big lie that God loves everyone. Does he love those people that have been burning in Hell since the flood? These churches have enabled the sin that plagues this generation."
The group called its arrival in Helena a "religious protest and warning" that was initiated by a Montana Supreme Court ruling that found that gay and lesbian partners of the Montana university system have the same right to health insurance benefits as their heterosexual partners.The group's fax included a picture of the Montana Supreme Court, along with a reference to that court as the "People's Republic of Sodom."Travis McAdam, research director at the Montana Human Rights Network in Helena, said the Westboro Church is led by Fred Phelps, the father of Phelps-Roper — one of his 13 children.Many of the church's congregants, which Phelps-Roper placed at 100, are related to Phelps by blood, according to the Anti-Defamation League.Phelps, along with his family, has made a career protesting gay and lesbian issues around the country, including the funeral of gay murder victim Matthew Shepard. The Southern Poverty Law Center has classified the church as a hate group."Communities have resoundingly rejected these people," McAdam said. "They're generally treated with scorn by the mainstream, and they're not able to generate much sympathy and support locally. They're really the nastiest of the anti-gay groups that are out there."St. Paul's United Methodist Church, one of six churches targeted by the group in Helena, said it will stand by its Doctrine of Social Principles despite the group's attack.Robyn Morrison of St. Paul's said those principles view both homosexuals and heterosexuals as being equal in sacred worth."All persons need the ministry and guidance of the church in their struggles for human fulfillment, as well as the spiritual and emotional care of the fellowship that enables reconciling relationships with God, with others, and with self," Morrison read from the doctrine.Morrison said St. Paul's would likely meet with the five other Helena churches to formulate an appropriate response to the group's protest."We're embarrassed by it for other Christians," Morrison added.Monsignor Kevin O'Neill, of the Helena Diocese, called the group reprehensible and labeled its statements as vile and hate-filled."They don't seek to reside within the truth," O'Neill said. "Theirs is a narrow, bigoted mind, and you have to pray for them."O'Neill said that while the church does not condone or promote the homosexual lifestyle, it does not discriminate against the sexual orientation of the individual.The group's language, he said, is troublesome."The church does not condone this type of response," O'Neill said. "What they represent is indefensible."The fax distributed by the Westboro Church goes on to thank God for the Indian Ocean tsunamis "that swept 20,000 Swedes and other (homosexual) perverts into Hell."Phelps-Roper said the disaster was God's intention to punish a "filthy, disobedient generation.""Who do you think sent that earthquake and tsunami that killed all those people," she said. "If your message doesn't line up with the scriptures, then it's not God's message."The Westboro Church has gained the attention of equal-rights groups, including the Anti-Defamation League. The church's protest signs often bear such statements as "Hell is real: Ask Matt" — a referring to the death of Shepard.The ADL said the group's fliers, such as that received Monday, typically emphasize the race or religion of those it believes are gay. This, according to the ADL, suggests that the church's hate goes beyond it's abhorrence for homosexuals."What appears to be anti-gay rhetoric is often a vehicle for the church's anti-Semitism, hatred of other Christians, and even racism," the ADL said.
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