To those who went to Helena to testify - The Western Montana ...

obby ZEnkEr
Opposition to HB 516
libErty And JuStiCE for All . . .
This is the promise of America. It is our birthright and our legacy.
Thus, as Americans we have an obligation to make that promise a reality for all Americans, not just
those with whom we agree. As Montanans, we have a long history of doing just that.
In April, 2010 Missoula passed an amendment to its anti-discrimination ordinance to make it unlawful
to discriminate in the areas of employment, housing or public accommodation on the basis of sexual orientation
or gender identification. The Helena Independent Record conducted a poll then, whether Helena
would support similar legislation. 60% of respondents indicated that they would support such a law.
Both this poll and the historic ordinance are reflections of Montanan’s sense of justice and equality.
A 1982 article in Montana Magazine recognizes that for more than 120 years, Montana has been known
for its “progressiveness and the Western Spirit of Liberality.” The 1972 Constitutional Convention recognized
this as well by producing one of the more progressive state constitutions in the country, explicitly
enacting a right of privacy. Because this right is a fundamental (explicitly stated) constitutional right,
Montana’s Supreme Court recognizes it as “heightened.”
In 1889, Legislative Councilman, Walter M. Bickford from Missoula introduced Montana’s first antidiscrimination
law to the Legislative Council. "Council Bill No. 4 amended the law to read that individuals
otherwise qualified should be allowed to practice as attorneys without regard to sex . . . ." The change in
the law allowed Montana’s first woman lawyer, Ella Knowles to take the bar exam and practice law. “In
the house, Samuel Murray, a Missoula Lawyer, took the position that passage of the bill was an issue larger
than the ambitions of one Helena woman. To him the question was one of justice, of a step forward or
backward.”
In light of Montana’s legacy of progressiveness and “Western Spirit of Liberality” HB 516 begs the
question, why? How does it advance the cause of liberty and justice for all? From a legal standpoint,
because HB 516 denies a class of people their fundamental constitutional rights, and basic human rights
- what is the legitimate government interest to be served by this law?
To pass constitutional muster, such a law must bear a rational relationship to a legitimate governmental
purpose. Romer v. Evans, 517 U.S. 620, 116 S.Ct. 1620, 134 L.Ed.2d 855 (1996).
The U.S. Supreme Court has resoundingly stated that a similar law with a “bare desire to harm a politically
unpopular group cannot constitute a legitimate governmental interest” Id. at 635. This is exactly
what HB 516 will do if passed into law. It is thus, unconstitutional. It advances no legitimate governmental
purpose and thwarts the cause of liberty and justice for all.
Again, I ask Why? Are we moving forward or backward, and do we really want Montana, in desperate
need of commerce and jobs to be known as a backwards state? How do we advance the cause of liberty
and justice for all? By voting in opposition to HB 516.
JoSH CriSMorE
I am writing to ask that you oppose HB 516. I believe this bill is an attack on the rights of individuals as
well as the rights of local governments. Our founding documents ensure the Inalienable Rights to Life, Liberty
and the Pursuit of Happiness. These rights are threatened when members of the GLBT community
are denied housing and employment for nothing more than who they are. As a gay man I did not forfeit
these rights on the day I came out yet they can currently be legally denied to me. After years of failed
attempts to address this at the National and State levels, the City of Missoula chose to stand up and say
at least we would be protected here. This was a local policy put in place by local government protecting
the liberties of the people in this community. The process and protection of individuals rights are conservative
ideals yet they are being attacked by what I believe is a big government bill. This bill tells cities
they do not know what is best for or needed in their localities and that is not right. So, as a registered
voter in Libby I ask you to stand up for my right to live my life and pursue my happiness without fear of
punishment and oppose this bill.
SPEAK OUT WORDS
bob
MCgowAn
Thanks for the opportunity to speak. In a
very "homogeneous" environment such as
Montana, it is very evident that the dominant
culture is pervasive and intolerant of those
who are "different." In spite of this, human
examples of contradiction sprout up and
speak up almost daily and give rise to hope
that intolerance is a dying paradigm. Progressiveness
is defined by those who believe in
progress. Progress is defined by those who
do not live in fear. Those who live in a state of
intolerance, in my opinion, live in fear. Some
of the most intellectual, thought provoking,
creative, forward-moving humans on the
planet do not live in fear. They live in the light
of being who they are. They celebrate who
they are. They force change because they live
fully by being who they are, refusing to back
down or be intimidated. They rail against
the status quo. A great example of this attitude
was recently demonstrated in Egypt
by a populace that refused to be subjugated
by the long-reigning dominant culture.The
so-called "dominant culture" is threatened
by the subjagated when they speak up and
would rather marginalize them than include.
History has proven that when threatened, it
will react aggressively and sometimes violently...fearfully.
These evolutionary ordinances
in Missoula that promote inclusion to the
detriment of exclusion, seem to me to be
the penultimate expression of evolution and
progression. Dismissing them on grounds of
excessive legal wrangling or bureaucracy appears,
on the surface, to be a fearful expression
of intolerance. To us that make inclusion
a matter-of-fact aspect of our lives, those in
power who exclude are defining themselves
as fearful. It takes heroic action to rise above
the status quo. It takes guts. Gutting these
human-honoring ordinances in order maintain
to make a certain portion of the dominant
culture feel less fearful for the sake of
general popularity reflects a certain amount
of cowardice. I choose to stand with my
brothers and sisters who possess bravery
and dignity in every act they demonstrate by
being alive. Support these folks, and I support
you.
Thank you.
Out Words 5