Date: 04/29/2008

Final
BILL SUMMARY for SB08-200

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer Senate Bill 08-200 to the Committee on ApproPASS



12:31 PM -- Senate Bill 08-200

The committee took a brief recess to wait for Representative Judd.


12:33 PM

The committee returned to order. Representative Judd presented Senate Bill 08-200 concerning the expansions of prohibitions against discrimination. The bill adds the prohibition of discrimination based on sexual orientation to nondiscrimination statutes for 23 areas, including housing, employment not covered by House Bill 07-025, education, public accommodations and health care. It also allows for the appointment of people who have been, or might be discriminated against because of sexual orientation, to the Civil Rights Commission. Prohibitions against discrimination on the basis of sex, marital status, disability, age, national origin, ancestry, and religion, are added as necessary for consistency in all nondiscrimination statutes including consumer credit transactions, jury service, issuance of a license to practice law, and public accommodations. Violations of anti-discrimination laws are misdemeanors subject to fines up to $5,000, two years imprisonment in a county jail, or both.

Representative Judd responded to questions from the committee regarding the perception of sexual orientation and discrimination.


12:50 PM

The committee continued their discussion regarding perception of discrimination.

01:01 PM -- Jim Pfaff, Colorado Family Action, spoke in opposition to the bill. Mr. Pfaff stated that the bill threatens religious liberty and public safety. He discussed his opposition from the perspective of religious faith. He raised concerns about allowing transgendered or cross dressing individuals to use public facilities, which he stated would create an unsafe environment for women and children. Mr. Pfaff talked about cases in other states that have included sexual orientation within their nondiscrimination statutes.

01:09 PM -- Mindy Barton, Equal Rights Colorado, spoke in support of the bill. Ms. Barton discussed nondiscrimination in the area of housing and public accommodation. Ms. Barton responded to questions from the committee regarding lawsuits that could be brought under the new law related to free exercise of religion.

01:19 PM -- Brian Moore, Colorado Bar Association, spoke in support of the bill. Mr. Moore stated the support for the bill was unanimous in the legislative policy committee of the Bar Association. He stated that he does not believe the bill lead to frivolous litigations related to free exercise of religion. He clarified that the perception provision in the bill addresses the perception of the individual who is discriminating, not the perception of the individual against whom the discrimination is committed. The committee discussed the perception issue further.

01:29 PM -- Philip Campbell, Colorado Clergy for Equality in Marriage, spoke in support of the bill. Reverend Campbell discussed his credentials and talked about civil justice. Rev. Campbell responded to questions from the committee regarding religious convictions and tolerance for GLBT rights.

01:34 PM -- Cathryn Hazouri, ACLU of Colorado, spoke in support of the bill. Ms. Hazouri addressed the impact of the bill on religious liberty. She stated that religious freedom is not unfettered in the public arena. There are limitations on how an individual's practice of his or her religion affects others. Opening a business to public commerce carries certain rights and restrictions in terms of nondiscrimination. Ms. Hazouri responded to questions from the committee.

01:49 PM -- Monica Rosenbluth, Anti-defamation League (ADL), spoke in support of the bill. Ms. Rosenbluth discussed reports made to the ADL regarding discrimination based on sexual orientation. She discussed the public policy message that would be sent if the bill does not pass.

01:52 PM -- Nathan Woodliff-Stanley, Interfaith Alliance of Colorado, spoke in support of the bill. Mr. Woodliff-Stanley discussed religious values and media's disproportionate coverage of those values. He pointed out that the job of the legislature is not to cater to one specific group, but rather to protect as many citizens as possible. He stated that this is a matter of respecting the rights of all persons.


01:57 PM

Representative Judd wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:SB08-205
TIME: 01:58:21 PM
MOVED:Levy
MOTION:Refer Senate Bill 08-200 to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 6-3, with 2 excused.
SECONDED:Carroll M.
VOTE
Carroll M.
Yes
Gardner B.
Excused
Jahn
Yes
Kerr A.
Yes
King
No
Levy
Yes
Marshall
Yes
Roberts
No
Stephens
No
Stafford
Excused
Carroll T.
Yes
Final YES: 6 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS



02:00 PM

Representative T. Carroll announced that the committee will meet at 7:30 a.m. on Wednesday, April 30 to hear bills. He recessed the committee.