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HomeMy WebLinkAboutNon-Discrimination Ordinance Public Comment from David Drummond 4-21-14 David T. Druvr#vmewnd HAND DELIVERED April 18,2014 Mayor,Deputy Mayor,and Commissioners City of Bozeman 121 North Rouse Avenue Bozeman,MT 59715 RE: Bozeman's Non-discriminatory Ordinance Dear Mayor,Deputy Mayor and Commissioners: Thank you for letting me share my views on the non-discriminatory ordinance (NDO). This is an important issue, because so many of the ills in our society today can be traced back to the disillusionment of the family. Traditional marriage, the family and the freedom of religion are under attack. NDO proponents are using the leverage of law to criminalize any individual (or business) who refuses to participate in an activity,which conflicts with that individual's (or business) sincerely held moral or religious beliefs. Those promoting the NDO argue that the vast majority of Bozeman citizens favor a ban on discrimination. This statistic is true, because just about everyone, including those who oppose the NDO, believe that unjust discrimination based on sexual orientation or gender identification is unacceptable and we all agree that it will not be tolerated. However, this NDO effort is not about discrimination. The reason we know this is that Bozeman is a broad-minded, very tolerant city. The statistical data clearly supports this fact---discrimination against the LGBT community is just not a problem here. Regarding employment, housing and public accommodation, it is well known that many Bozeman businesses employ LGBT members and at least one local business, exclusively employs LGBT members. It is already illegal in Montana for a Professional Property Manager,l or a Real Estate Agent to deny housing to un-married or gay couples due to "marital status".'- In June of 2013, the Department of' Housing and Urban Development (HUD) released the first-ever done study on housing market discrimination against same-sex couples. According to an article3 which summarizes the HUD Study findings, Professor McCabe concludes that in only 2.2 percent of the study cases, were gay couples discriminated against because of their same-sex status. Having a background in this industry, I would argue that in the Bozeman market, that percentage is even lower. It seems that a 1 Montana landlord tenant act(MCA 49-2-305) 2 The Montana Board of Realty Regulation(MBRR),under the Department of Labor and Industry,issues licenses and through its rules and mandated continuing education,regulates both the property management industry and real estate industry in Montana. 3"Misrepresenting Discrimination—How Much Discrimination Do Gays and Lesbians Face in the Housing Market"by Brian J. McCabe,Assistant professor of sociology,Georgetown University. P. O. BOX 6303 • BOZEMAN, MONTANA • 59771-6303 PHONE: (406) 581-9971 • 1'MAI1.: D1)RUP%fMONDQGMA11..COM —2— April 18,2014 significant number of landlords, regardless of their political leanings, prefer gay and lesbian couples, mainly because they believe the gay or lesbian couple will take better care of the property. And finally, the provisions of Title II of the Civil Rights Act of 1964 already prohibits discrimination in places of public accommodation. One of the defects of these NDO's is that under significant pressure, the "public accommodation" clause has been expanded beyond the Civil Rights Act of' 1964 to include virtually every business that is open to the public. The problem with this is, a typical business is not public property;it is private property. People of good will ought to allow fairly broad leeway for how people conduct their own lives and their own business—private autonomy is,after all,a large part of the case for gay rights. If the LBGT leadership were willing to extend to those who do not share their views the same tolerance to which they feel entitled, then a compromise could emerge through the healthful operations of civil society. If discrimination is not the real agenda, what is behind this divisive effort to implement various NDOs across the State? The answer--this effort is about using the leverage of law to force acceptance of the LGBT lifestyle and ultimately overturn the Montana Marriage Amendment. Americans are a very litigious society. Like people in other Montana cities, individuals here in Bozeman do not need an NDO in order to file a lawsuit. However,having the leverage of law helps to bring attention to the LGBT cause and to promote it. Unfortunately, these NDOs will increase, not decrease, the number of incidents of litigation in Montana. I have personally spoken to several business owners in Bozeman. Some are afraid to stand up against the NDO for fear of retaliation by proponents. Others feel forced to sign the petition in support of the NDO, for the same reason. This is bullying and intimidation at its worst. Some of these business owners are just now starting to recover from the recession and are not willing to risk their business prospects over this issue. Any such Bozeman NDO will have a chilling economic impact upon Bozeman businesses. According to a new Rasmussen Poll, a flat-out tie exists between Americans who back same-sex "marriage" and those who don't. Holding almost completely steady from its 2013 numbers, 43% of people, when asked "do you favor or oppose gay marriage," said they supported, compared to another 43%who are opposed.4 According to Rasmussen,"voters continue to see marriage more as a religious institution than a civil one and remain closely divided on the subject of gay marriage. The new Rasmussen survey finds that 50% of Likely U.S. Voters view marriage as a religious institution.Thirty-nine percent (399/6) consider it a civil institution." The media would have you believe that public opinion is increasingly trending toward same-sex marriage, but that just isn't true and a majority of people in the Gallatin Valley favor the traditional view of marriage. The same phenomena is occurring in the abortion debate. According to Gallup's new national surveys public opinion in America is trending toward pro-life and in 2013 for the first time, the percentage of pro-lifers outnumber the pro-choice, 48-45.6 I attribute this to an educational awareness campaign, stimulated by the increasing availability of ultrasound imaging. 4 A new Rasmussen Reports national telephone survey,dated March 14,2014 S Gallup Politics by Lydia Saad,dated May 10,2013 6 Gallup:"58%of Americans'Appose All or Most Abortions"by Guy Benson,date May 10,2013 P.O. BOX 6303 BOZE'MAN, MONTANA • 59771-6303 PHONE: (406) 599-8457 EMAIL: N1KO1,Ii.I)RUMMOND®YAITOO.(.O\1 —3— _April 18,2014 Traditional marriage, the family, and religious freedom are under attack by the NDO proponents. This is because they are an obstacle to the normalization of the LGBT lifestyle. In order to gain acceptance, this small, but vocal minority is forcing their will on the rest of us. Most citizens are either apathetic (does not see how it affects them), have not yet become aware of the long-term consequences of the NDO effort, or are afraid to take a stand against this very real threat. We are called to love and serve all of God's children, even those whose views don't match our own, but that doesn't mean we have to let them force their will upon us. A Rasmussen Poll from last summer found that 85% of Americans believe that wedding photographers have the right to decline to shoot a gay wedding. According to an article published by the Family Research Council, "what the Founding Fathers of this Country hailed as a virtue to be pursued and protected is today being pursued and pummeled by those who want to see religious freedom quarantined to the four walls of our churches. Fortunately, we still have some elected leaders who understand that all our freedoms hinge upon our First Freedom, the freedom of religion.117 It is unfortunate,but political courage is in short supply these days and it's never been more obvious than these last few weeks,when NDO proponents launched an extensive misinformation campaign. Too many leaders tuck tail and run, instead of standing their ground and learning the facts. Some things are worth fighting for-- and religious freedom, the ability to live out our faith in every aspect of our lives, is at the top of that list. There is absolutely no aspect of our lives that should be beyond the guiding light of our religious beliefs -- a truth the Founding Fathers not only understood,but also felt obligated to defend. There is a lot of emotion imbedded in this particular issue and the divisiveness is likely to increase if the City of Bozeman enacts an NDO. I sincerely hope and recommend that you find the political courage to avoid enacting such an ordinance. Our community, should let the market react and deal with anyone that might discriminate. The Bozeman community is more than capable of opposing discrimination using peaceful protest, boycott and other means, without government involvement. There are just too many unintended consequences that can result from these NDOs. I would like to thank you in advance for your leadership in defending religious liberty and for your courage in standing against this threat to our community. Please let me know if there is anything that I can do to support your efforts. Sincerely, David T. Drummond "Won Mississippi"from Tony Perkin's Washington Update published by the Family Research Council on April 3, 2014 I'.O. BOX 6303 BOZEMAN, MONTANA • 59771-6303 PHONP.: (406) 599-8457 EMAIL: NIKOLEi.DRUMMONDQYAHOO.COM