HomeMy WebLinkAboutNon-Discrimination Public Comment from Steve Kirchoff From: Aimee Brunckhorst on behalf of Agenda
To: Cvndy Andrus
Subject: FW:testimony on NDO
Date: Monday,April 28,2014 8:32:13 AM
Aimee Brunckhorst
Deputy City Clerk
Clerk's Office
City of Bozeman,Montana
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From: Steve Kirchhoff[mailto:skirchhoff3@gmail.com]
Sent: Sunday, April 27, 2014 6:33 PM
To: Agenda
Subject: testimony on NDO
Dear Commissioners,
First and foremost,I extend my good wishes to you all as you begin debating the NDO. You
will undoubtedly be assailed by all sides and will face difficult choices. I hope good sense
and positive spirit and forward-thinking prevail in whatever you decide.
My only comment on the ordinance is that it should not include any exemptions whatever. It
is unlikely that an NDO would be a topic of discussion if LGBTQ individuals were not
hounded by religious practitioners,who impute a moral turpitude to persons who identify as
LGBTQ. Therefore, exempting, in whole or in part,religious organizations, who make up a
large part of the reason for needing an NDO in the first place,seems to defeat the purpose of
enacting such an ordinance.
I would offer a few specific recommendations about the language of the draft NDO:
In the Purpose and Intent section I would encourage you to delete the last four words of the
second to last sentence, "...and exercise of religion."Likewise, in Definitions,number 3), I
would encourage you to delete most of the sentence, leaving only the following: "'Employer'
means an employer of one or more persons or an agent of the employer." Finally, I would
encourage you to delete from Definitions number 9) sections b, c, and d.
It is unclear to me, probably because I am unfamiliar with federal laws and mandates, why
lodges and fraternal organizations and such are allowed to discriminate on the basis of sexual
identity.
Two final notes, one historical and the other contemporary.
The first is a quote from George Washington's famous letter to the Touro Synagogue of
Newport,RI,which he visited in 1790,more than a year before the final adoption of the Bill
of Rights.His letter is a response to a missive received from them acknowledging their
gratitude for his visit; and in his letter he conveys a noble and still-timely sentiment about
the limits of religious freedom. He succinctly delimits the scope of religious freedom by
stating that no religion is above another and that all religions are enjoined to refrain from
imposing their doctrines on others:
It is now no more that toleration is spoken of as if it were the indulgence of one class
of people that another enjoyed the exercise of their inherent natural rights, for,
happily,the Government of the United States, which gives to bigotry no sanction, to
persecution no assistance, [italics mine] requires only that they who live under its
protection should demean themselves as good citizens in giving it on all occasions
their effectual support.
Washington suggests that religions must support the limiting laws of government,which in
turn will steadfastly curb the infringement of one form of religious belief and practice on
different forms. For our purposes,Washington's argument constitutes a negative response to
religious groups in Bozeman who would use their beliefs and practices as the basis for
discriminating against certain classes of individuals. I think Washington would say "no" to
the religious exemptions in your NDO.
And finally, I wanted to pass along the results of a poll conducted 13 months ago by the
Washington Post. The Post was seeking to understand Americans' attitudes toward same-sex
marriage,and it found that, overall, 58% of Americans favor marriage equality. More
importantly,when looking at respondents aged eighteen to twenty-nine,a full 81% were in
favor.
This finding suggests that future leaders in our nation will likely reject religious
organizations' attempts to mistreat others on the pretext of sincere religious beliefs. The
future seems to be on the side of the LGBTQ individuals that your NDO aims to protect—
and is against the wishes of certain religions that still cling mightily to the idea that their
own, supposedly "true" convictions exempt them from respecting the lesser convictions of
people who differ from themselves.
In both the letter by Washington and the poll results, one finds clarity and consistency in the
American spirit,which cherishes true freedom—the kind that is duty-bound to cherish
anther's freedom as if it were one's own. This spirit reaches back to our Founders and is
reflected in the conscience of our up-and-coming generation of Americans. I hope you will
support this genuine understanding of freedom in your eventual decision on the NDO.
As usual,I wish you all the best as you do the city's business,
Steve Kirchhoff