Colorado lawmakers endangering religious rights
'Civil union' strategy pushing state off 'moral cliff'

DENVER
– Democratic lawmakers in Colorado are pushing their state off a “moral
cliff” with a civil union bill that puts the state on record as
opposing religious liberty, according to critics.
The proposal is an attempt to maneuver around the state constitution,
which defines marriage as a relationship between one man and one woman,
the critics charge.
“We just hurled the state of Colorado over a moral cliff.
This is a
major step toward seriously eroding the practice and the concept of
marriage in Colorado and the family,” said state Sen. Kevin Lundberg,
one of the two Republicans on the Judiciary Committee who voted against
the bill.
Lundberg said the bill proposed this year is “even more striking than
last year in that they refused an amendment I put up that would exempt
private child placement agencies from being impacted by this law.”
“The Democrats refused, saying anyone who is going to place a child
in foster care or adoption situations in Colorado cannot refuse a
same-sex couple because of moral or religious convictions,” he
continued. “They must comply with this force of law.”
Kelly Fiedorek, an attorney with one of the largest civil and religious rights defense organizations in the nation, the
Alliance Defending Freedom, warned the state is on thin ice.
“It’s important for all Colorado citizens to notice that this bill
fails to protect religious freedom, which is a constitutionally
protected right that is one of our first liberties,” Fiedorek said.
Fiedorek testified this week before the Colorado state Senate
Judiciary Committee against Senate Bill 13-011, which would legalize
civil unions.
Despite the states’ constitutional definition of marriage, the
committee approved the plan anyway in response to lobbying by Gov. John
Hickenlooper and “gay” activists.
Supporters of the bill say it simply provides legal protections for
same-sex couples to enter into contractual arrangements and will not
infringe on the religious rights of anyone in the state. They point to a
section in the bill stating that no priest, minister, rabbi or other
official of a religious institution is required to certify a civil union
in violation of their right to free exercise of religion.
However, Fiedorek says the religious exemption is so narrowly
tailored it leaves vast numbers of Coloradans with no protection of
their religious rights.
“This bill as currently drafted fails to protect the religious rights
of conscience for Christians who are not official ministers of their
church. Religious liberty is not confined to the four walls of the
church but extends to everybody.”
Another concern is the bill affords no protections for wedding-venue
owners, clerks and recorders, bed-and-breakfast establishments,
bakeries, photographers, caterers, deejays and others who may be forced
to violate their consciences and actively participate in same-sex
ceremonies.

Fiedorek cited the case of Jack Phillips, owner of Masterpiece Bake
Shop in Lakewood, Colo., who is facing discrimination charges after he
refused to bake a wedding cake for a lesbian couple even though the
civil union bill has not become law.
“It’s important that all residents be able to live according to the
dictates of their conscience,” she said. “He didn’t refuse service to
this couple because of their sexual orientation, his refusal was based
solely on his religious beliefs as to what constitutes marriage and he
is now being persecuted for those beliefs.”
Hickenlooper and Democratic lawmakers attempted to pass the bill in
the last legislative session but failed when Republican lawmakers
essentially ran out the clock. WND reported Hickenlooper then called the
legislature back into a special session in an attempt to pass the bill
but failed again. This year, Democrats control both the state House and
Senate chambers, so the bill is expected to pass handily.
Fiedorek argued the measure compels citizens to violate their conscience.
“You can’t compel speech,” he said. “For example it would be unfair
to ask an African-American photographer to shoot a wedding where the
wedding party wore white robes of the KKK. He has the right to not use
his artistic abilities as a photographer in a way that compromises his
deeply held beliefs. The same standard applies to a person who believes
marriage is between a man and woman.”
Colorado business owners have already been forced to surrender some
rights after the previous governor signed legislation eliminating
gender-specific bathrooms and locker rooms.
In 2008, Democratic Gov. Bill Ritter signed “emergency legislation”
that allows men to freely use women’s restrooms and locker rooms by
simply asserting they are transgendered.
The bill states business owners and managers of restaurants, gyms,
barber shops, massage parlors and public facilities “of any kind whether
indoor or outdoor” cannot deny a person employment or access to a
facility based on gender identity or the “perception” of gender.
It defines sexual orientation as a person’s orientation toward
heterosexuality, homosexuality, bisexuality, or transgender status or
“another person’s perception thereof.”

WND has reported similar cases in which individuals and companies
were told their First Amendment rights did not apply with respect to
sexual orientation.
- A Christian couple in New Mexico
was fined nearly $7,000 and told by a judge that states had the right
to force Christians to violate their faith as a condition of doing
business. The couple had refused to photograph a lesbian “commitment
ceremony.” The judge said the couple’s religious rights were not
violated because they could choose to vocally condemn the women while
taking pictures during the ceremony.
- Hands On Originals was investigated by the Lexington-Fayette Urban County Human Rights Commission for refusing to print a T-shirt
promoting a local “gay” pride event. The head of the commission told
WND that while a “gay” printing company had the right to refuse to print
literature critical of the “gay” lifestyle, the same protections do not
necessarily extend to Christians.
Fiedorek said cases such as these highlight the need to ensure that
everyone has protection for their religious liberties, not just members
of the clergy.
“One point that is important to recognize is that the religious
protections in the bill are not only inadequate and fail to protect the
people of Colorado, but the extreme narrowness of those protections is
prejudiced towards those who have deeply held religious beliefs about
marriage.”
State Sen. Lundberg told Democrats it was hypocritical for them to
refuse religious exemptions when their own bill has discrimination
written into it.
“When I was calling for the exemption for child placement
organizations, Sen. Pat Steadman who sponsored the bill said no to the
amendment because that would be allowing discrimination to occur and he
was not going to do that,” Lundberg said. “I pointed out to him the bill
itself has discrimination written into it by saying that two sisters or
close relatives can’t be a part of a civil union. However, it’s quite
clear that they’re simply saying it’s my way or the highway in that
respect.”
Fiedorek asserted that guaranteeing religious protections for
individuals will not have a detrimental effect on the ability of
same-sex couples to obtain service in states with civil unions or
same-sex marriages.
“In every jurisdiction that has passed civil unions and same-sex
marriage laws these couples are finding individuals and organizations
who are willing to solemnize and certify their unions and celebrate with
them,” she said. “They are not having any problems in finding people to
assist them and yet they are proposing legislation that does not
protect everybody. We need to protect everyone, not just a select few.”
Lundberg takes issue with those who claim the civil union bill is a
reasonable attempt at compromise because it does not permit “gay”
marriage.
“They insist that this is legislation does not equal marriage because
the Colorado constitution says marriage is between one man and one
woman, but the reality is this bill is a mirror image of marriage in
Colorado law,” he explained. “It’s a very comprehensive piece of
legislation that affects every area of Colorado law that makes a civil
union as identical to marriage as possible within existing Colorado
statutes.”
Although the bill exempts members of the clergy from having to
perform same-sex ceremonies, there is a loophole in the exemption that
could prove problematic. The bill does not specifically prevent the
government from penalizing, withholding benefits from or refusing to
contract with clergy, religious organizations or institutions that
adhere to deeply held religious beliefs about sexual unions.
While clergy could refuse to perform same-sex ceremonies, they might
not be able to prevent “gay” couples from using their facilities for
ceremonies conducted by someone else.
Matt Barber of Liberty Counsel noted that after Hawaii passed a civil
union bill that contained a religious exemption with language similar
to Colorado’s bill, complaints were then brought against churches to the
Hawaiian Human Rights Commission over their refusal to allow
civil-union ceremonies.
Barber said the property loophole is an issue that legislators need
to address and they should pass legislation clarifying the religious
exemption applies to religious property as well.
Could churches in Colorado be forced to allow same-sex couples to use
their facilities based on the language in the civil union law?
“Absolutely,”Barber said. “That’s the nature of the homosexual
activist lobby; they like to use the legal system to force their radical
agenda on the rest of us.”
Barber said the issue “is whether the anti-discrimination laws would
be triggered if [someone] were to refuse to rent a facility to a
same-sex couple.”
“The laws provide an exemption for ministers to refuse to perform the ceremonies, but there is no property exemption,” he said.
Barber said the domestic partner law, as worded, “puts churches in the crosshairs if they refuse to rent to a same-sex couple.”
“Domestic partnerships are basically marriages in everything but
name, and for many religious institutions it violates their deeply held
beliefs,” Barber said. “Churches and other religious facilities should
have a First Amendment right to use their property and open it up for
whomever they see fit when we are talking about behaviors such as
homosexuality which is contrary to the Bible.”
Barber said the homosexual lobby is attempting to use civil union
laws to get a foot in the door and ultimately require churches to
perform same-sex ceremonies.
“This isn’t about same-sex couples having the right to marry,” he
said. ‘It is about denigrating marriage and forcing the church to
renounce its biblical position on sexual behavior under penalty of law.”
Lundberg also noted that supporters are being dishonest by claiming
that civil union bills are a way to find compromise and common ground
among people who have a disagreement over the issue.
“They will never be satisfied with a civil union,” he said. “What
they want is the right to the word marriage. During the last session I
asked Steadman if this bill would satisfy him. He said, ‘No, if I can
get same-sex marriage passed, I will go for that.’”