Monday, February 15, 2016

SD HB 1107

SB HB 1107 is also extremely discriminatory and is a distortion of US principles of disestablishment and religious freedom. I've included the text of the My Voices column from the Argus Leader. Please write to your SD State Senator and Governor Daugaard urging them to oppose this law!

My Voice: Say “no” to HB 1107: Protect 14th Amendment


As outlined in House Bill 1107, the lawmakers of the state of South Dakota want to permit public employees, public agencies and recipients of public monies, the right to discriminate on the basis of personal religious conviction against LGBTQ individuals, unwed parents, or individuals who engage in sex outside of marriage. This bill passed the South Dakota House and is currently being considered by the Senate. We must urge our South Dakota State Senators and Gov. Dennis Daugaard to oppose this bill.

S.D.’s HB 1107 is a flagrant violation of the 14th Amendment of our Constitution, which protects the civil rights of all citizens. HB 1107 would elevate the conscience of some above the civil rights of others. It suggests that this particular aspect of identity, faith, supersedes other aspects of our identities and can be used as a principle according to which we can discriminate against our fellow South Dakotans, based on gender and sexual identity, marital status, and family structure.

Consider how this law might affect citizens who seek public safety and medical assistance, marriage licenses, or public education. How might this law affect my ability as an educator at a public institution to pursue our vision of “inclusive excellence,” to fight for inclusiveness and against discrimination? How can I encourage my students to view diversity as a “tremendous benefit” to their educations and to pursue “equity and social justice” in their lives if our state law gives people with a particular faith, special privileges above anyone else in the state — namely the right to discriminate? According to this bill, police or emergency medical technicians could turn down requests for aid from gay or transgender individuals, single mothers, or unmarried co-habitating couples. It effectively allows S.D. Social Services to refuse aid on an ad hoc basis, based on religious convictions of employees. It means hospitals could turn away patients, or children could be barred from child care facilities. What about use of public facilities like parks and recreation areas? It means that some individuals could legally object to other citizens’ use of those spaces.

S.D.’s HB 1107 declares that some individuals, by virtue of matters of conscience, should be able to deny rights and privileges guaranteed to other citizens. This is more than an accommodation of religion. It effectively elevates the religious convictions of some and imposes them through law. We are an incredibly diverse and dynamic nation that has struggled to realize one of the most cherished principles of civil democracy, that the state as an entity distinct from religion should seek to protect the civil rights of all, including our individual rights of conscience and worship. This is a moment in which, while reflecting how much our nation has changed in 250 years, we can look to our founding principles for guidance. I want to live in a nation in which matters of conscience shared by some, do not disrupt the ability of others to enjoy the benefits of our civil society.

We must urge our lawmakers to vote against HB 1107. It does not stand for who we are as South Dakotans, or who we are as Americans.




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