Date: 03/09/2015

Final
BILL SUMMARY for HB15-1171

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Postpone House Bill 15-1171 indefinitely. The moti
Refer House Bill 15-1171 to the Committee of the W
PASS
FAIL



01:32 PM -- HB15-1171

Representatives Neville and Humphrey, co-sponsors, presented House Bill 15-1171. This bill prohibits state and local governments in Colorado from directly or indirectly constraining the exercise of religion, except in cases involving a compelling governmental interest. State and local governments, including individual public officials in their official capacity, must use the least restrictive means of furthering any such compelling governmental interest.

Persons whose exercise of religion is burdened, or likely to be burdened, may assert a new claim or a defense in court as a result of the bill. The bill authorizes various remedies, including damages or an injunction, as well as costs and attorney fees.

01:38 PM --
Chuck Ward, representing the Denver Metro Chamber of Commerce, testified in opposition to the bill. Mr. Ward expressed his opinion that the bill will negatively impact the ability of Colorado business to attract and hire young employees. He responded to questions from the committee.

01:43 PM --
Preston Branaugh, representing himself, testified in support of the bill. Mr. Branaugh distributed and read a prepared statement (Attachment A). He responded to questions from the committee.

15HouseState0309AttachA.pdf15HouseState0309AttachA.pdf

01:52 PM --
Stephanie Donner, representing the Governor's Office, testified in opposition to the bill. Ms. Donner spoke about the Equal Protection Clause of the U.S. Constitution and expressed her opinion that the bill would violate that clause. She discussed her legal interpretation of the bill. She commented about the potential effect of the bill on the business community. She responded to questions from the committee.

02:02 PM --
Nicole Martin, representing herself, testified in support of the bill. Ms. Martin discussed cases against two cake artists brought by the Colorado Civil Rights Commission (CCRC) as a result of complaints by customers. She described the written opinions in those cases. She stated that she fears for the rights and liberties of Coloradans without the passage of the bill. She responded to questions from the committee.


02:19 PM

Committee questioning of Ms. Martin continued at length.

02:22 PM --
Erika Righter, representing Hope Tank, testified in opposition to the bill. Ms. Righter spoke about her business and how it is her practice to treat all people equally.

02:26 PM --
Jamie Sarche, representing Feldman Mortuary, testified in opposition to the bill. Ms. Sarche indicated that Feldman provides funeral services for individuals of any religion, despite being a Jewish company. She responded to questions from the committee.

02:29 PM --
Aaron Robertson, representing the Patriot League, testified in support of the bill. Mr. Robertson spoke about the defense of religious liberty. He clarified the meaning of the term "rights." He responded to questions from the committee.

02:37 PM --
Anni Jean-Pierre, representing the 20th Judicial District Attorney, testified in opposition to the bill. Ms. Jean-Pierre read a written statement from Stan Garnett. A copy of the statement was not available for the official record.

02:39 PM --
Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. Ms. Kraska discussed the federal Religious Freedom Restoration Act (RFRA).

02:41 PM --
Brent Kinman, representing himself, testified in support of the bill. Mr. Kinman talked about the constitutional right to free exercise of religion. He responded to questions from the committee.

02:50 PM --
Michael Carrigan, representing himself, testified in opposition to the bill. Mr. Carrigan spoke about his religious faith and about his background as a criminal prosecutor. He described his concerns with the vagueness of the language in the bill.

02:54 PM --
Michael Norton, representing Colorado Family Action and Colorado Christian University, testified in support of the bill. Mr. Norton provided and read a written statement (Attachment B). He responded to questions from the committee about case law concerning the free expression of religion.

15HouseState0309AttachB.pdf15HouseState0309AttachB.pdf

03:05 PM --
Rabbi Steven Foster, representing himself, testified in opposition to the bill. Rabbi Foster spoke about his experience as a member of the CCRC. He discussed the tyranny of the majority and the protection of the rights of the minority. He talked about institutionalized discrimination and segregation.

03:09 PM --
Iman Jodeh, representing herself, testified in opposition to the bill. Ms. Jodeh discussed the concept of justice from a Muslim perspective. She expressed her opinion that the bill will lead to inequality, discrimination, and injustice.

03:12 PM --
Reverend Brian Rossbert, representing himself, testified in opposition to the bill. Rev. Rossbert discussed his Christian values and how they require him to treat everyone as he would like to be treated. He spoke about Colorado public accommodation and non-discrimination laws. He characterized the bill as dangerous. Rabbi Foster, Ms. Jodeh, and Rev. Rossbert responded to questions from the committee.

03:22 PM --
Barry Roseman, representing Plaintiff Employment Lawyers' Association, testified in opposition to the bill. Mr. Roseman pointed out differences between RFRA and the bill that he believes make the bill overly broad. He stated his opinion that the bill is an attempt to undermine the Colorado Non-discrimination Act.

03:28 PM --
Sarah Parady, representing the Colorado Women's Bar Association, testified in opposition to the bill. Ms. Parady discussed the compelling governmental interest standard in the bill. She responded to questions from the committee.


03:38 PM

Ms. Parady and Mr. Roseman continued to respond to questions from the committee.

03:41 PM --
Imam Abdur-Rahim Ali, representing himself, testified in support of the bill. Imam Ali spoke about his concern with the spread of AIDS. He discussed the importance of lifestyle. He responded to questions from the committee.

03:47 PM --
Ashley Wheeland, representing the Colorado Women's Lobby, testified in opposition to the bill. Ms. Wheeland spoke about her concerns with the bill's effect on the free provision of birth control. She responded to questions from the committee.

03:51 PM --
Dave Montez, representing One Colorado, testified in opposition to the bill. Mr. Montez reiterated the testimony of prior witnesses with regard to discrimination.

03:53 PM --
Amanda Henderson, representing the Interfaith Alliance of Colorado, testified in opposition to the bill. Ms. Henderson spoke about the mission of the Interfaith Alliance and religious freedom. She expressed her opinion that the bill represents a tactic for marginalizing people. She stated that the bill is overly broad.

03:57 PM --
Melinda Quiat, representing the Anti-Defamation League, testified in opposition to the bill. Ms. Quiat stated that the bill is not necessary for the protection of religious freedom. She described the ways in which the bill is too broad.

04:00 PM --
Nathan Woodliff-Stanley, representing the American Civil Liberties Union of Colorado, testified in opposition to the bill. Mr. Woodliff-Stanley discussed the protection of religious liberties. He responded to questions from the committee.

04:09 PM --
John Putnam, representing himself, testified in opposition to the bill. Mr. Putnam reiterated the testimony of prior witnesses with regard to the broadness of the bill. He stated that Jesus Christ never discriminated against anyone.

04:13 PM --
Michelle Jozaitis, representing herself, testified in opposition to the bill. Ms. Jozaitis reiterated the testimony of prior witnesses with regard to the broadness of the bill. She discussed hate speech and discrimination. She stated her opinion that tolerance of intolerance is unacceptable.

04:16 PM --
Christine Watson, representing the League of Women Voters of Colorado, testified in opposition to the bill. Ms. Watson discussed injustice and inequality. She reiterated the testimony of prior witnesses with regard to the broadness of the bill. She responded to questions from the committee.

04:19 PM --
Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in opposition to the bill. Ms. Waligorski expressed concern that the bill could create a criminal defense for domestic violence.


04:21 PM

Representative Ryden read a letter from the American Postal Workers' Union in opposition to the bill. A copy of the letter was not available for the official record.


04:22 PM

Representatives Neville and Humphrey wrapped up their presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1171
TIME: 04:26:23 PM
MOVED:Neville P.
MOTION:Refer House Bill 15-1171 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
No
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1171
TIME: 04:27:13 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1171 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
Yes
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS