Bill Would Make Homosexuality a Civil Right
by Debbie Pelly. (Click "Comments" below to read article)
posted by Debbie Pelley at Tuesday, March 22, 2005
Tuesday, March 22, 2005
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Arkansas Watch
3 Comments:
Arkansas HB 2751, which would make homosexuality and bisexuality a civil right, comes before the House Judiciary Committee this Thursday, March 24. As you probably know, if homosexuality becomes a civil right it would limit our religious freedom, force employers to violate their convictions and homosexuals could easily be preferred over the rest of us for employment just like in affirmative action.
I hope you will e-mail and call your legislators and help them understand all the ramifications of this bill and how opposed we are to it. Of course, the ACLU is working for it. It is probably their bill. The bill is pasted below.. Below the bill is a list of all the legislators that you can copy and paste into your e-mail and send to all of them.
State of Arkansas
85th General Assembly A Bill
Regular Session, 2005 HOUSE BILL 2751
By: Representative L. Smith
For An Act To Be Entitled
AN ACT TO AMEND THE ARKANSAS CIVIL RIGHTS ACT OF 1993 TO ADD SEXUAL ORIENTATION AS A BASIS FOR A CIVIL RIGHTS VIOLATION; AND FOR OTHER PURPOSES.
Subtitle
AN ACT TO AMEND THE ARKANSAS CIVIL
RIGHTS ACT OF 1993 TO ADD SEXUAL
ORIENTATION AS A BASIS FOR A CIVIL
RIGHTS VIOLATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 16-123-102 is amended to read as follows:
16-123-102. Definitions.
For the purposes of this subchapter:
(1) "Because of gender" means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions;
(2) "Compensatory damages" means damages for mental anguish, loss of dignity, and other intangible injuries, but "compensatory damages" does not include punitive damages;
(3) "Disability" means a physical or mental impairment that substantially limits a major life function, but "disability" does not include:
(A) Compulsive gambling, kleptomania, or pyromania;
(B) Current use of illegal drugs or psychoactive substance use disorders resulting from illegal use of drugs; or
(C) Alcoholism;
(4) "Employee" does not include:
(A) Any individual employed by his or her parents, spouse, or child;
(B) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; or
(C) An individual employed outside the State of Arkansas;
(5) "Employer" means a person who employs nine (9) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year, or any agent of such person;
(6) "National origin" includes ancestry;
(7) "Place of public resort, accommodation, assemblage, or amusement" means any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds, but "place of public resort, accommodation, assemblage, or amusement" does not include:
(A) Any lodging establishment which contains not more than five (5) rooms for rent and which is actually occupied by the proprietor of such establishment as a residence; or
(B) Any private club or other establishment not in fact open to the public; and
(8) "Religion" means all aspects of religious belief, observance, and practice; and
(9) "Sexual orientation" means heterosexuality, homosexuality, or bisexuality.
SECTION 2. Arkansas Code § 16-123-106 is amended to read as follows:
16-123-106. Hate offenses.
(a) An action for injunctive relief or civil damages, or both, shall lie for any person who is subjected to acts of:
(1) Intimidation or harassment; or
(2) Violence directed against his or her person; or
(3) Vandalism directed against his or her real or personal property, where such acts are motivated by racial, religious, or ethnic animosity, or animosity based on sexual orientation.
(b) Any aggrieved party who initiates and prevails in an action authorized by this section shall be entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the litigation, and a reasonable attorney's fee in an amount to be fixed by the court.
(c) This section shall not apply to speech or conduct protected by the First Amendment of the United States Constitution or Article 2, § 6, of the Arkansas Constitution.
SECTION 3. Arkansas Code § 16-123-106 is amended to read as follows:
16-123-107. Discrimination offenses.
(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, sexual orientation, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(1) The right to obtain and hold employment without discrimination;
(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(3) The right to engage in property transactions without discrimination;
(4) The right to engage in credit and other contractual transactions without discrimination; and
(5) The right to vote and participate fully in the political process.
(b) Any person who is injured by an intentional act of discrimination in violation of subdivisions (a)(2)-(5) of this section shall have a civil action in a court of competent jurisdiction to enjoin further violations, to recover compensatory and punitive damages, and, in the discretion of the court, to recover the cost of litigation and a reasonable attorney's fee.
(c)(1)(A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee.
(B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action.
(2)(A) In addition to the remedies under subdivision (c)(1)(A) of this section, any individual who is injured by intentional discrimination by an employer in violation of subdivision (a)(1) of this section shall be entitled to recover compensatory damages and punitive damages. The total compensatory and punitive damages awarded under this subdivision (c)(2)(A) shall not exceed:
(i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;
(ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;
(iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;
(iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and
(v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year.
(3) Any action based on employment discrimination in violation of subdivision (a)(1) of this section shall be brought within one (1) year after the alleged employment discrimination occurred, or, if the action is based on discrimination established under federal law, within ninety (90) days of receipt of a "Right to Sue" letter or a notice of "Determination" from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later.
"Bill Would Make Homosexuality a Civil Right"- and thus make practicing Bibical Christianity a crime.
When I read this part of the bill:
"(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, sexual orientation, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:
It tells me that it violates itself. How? Well if a religious group decideds they don't want to employ homosexuals....then they could technically be sued for descrimination. Yet to force a religious organization to employ someone they believe doesn't benefit their organization would....be against their rights. In many instances this bill will accomplish nothing. There are far too many dichotomies that can come smashing down on top of each other.
This is out of Fayetteville....it thinks of itself as little San Francisco but just doesn't get it. They want more money from their people with a 4.5 mil increase for the schools putting the school mils at 50 and to restructure the 62 mil or bil bond out there being paid for by sales tax to well be reconfigured and a new tax to improve city transportation.
This area of this state is running amok. They really think that everyone who lives here is made out of money. They will continue to go after every penny they can get.
We need to advocate no new taxes without a complete accounting for the taxes that have been collected and distributed around the state. Especially with regard to education. I haven't seen a single improvement in the five years we've lived here.
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