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.
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—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
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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
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