Daily Archives: March 21, 2007

Equality is nice but SB 2 is Orwellian and UNCONSTITUTIONAL?

Reeducation:

(1) A program of public education calculated to eliminate attitudes upon which practices of discrimination because of race, { + color, + } religion, sex, sexual orientation, national origin, + } marital status { + , + } { – or national origin – } { + age or disability + } are based.

Perceived Protection:
How do you know if you’re discriminating against a protected person?
You don’t. Why? Because it also covers people who PERCEIVE themselves
to be a gender that they weren’t born with.

{ + (6) 'Sexual orientation' means an individual's actual
or perceived heterosexuality, homosexuality, bisexuality
or gender
identity, regardless of whether the individual's
gender identity, appearance, expression or behavior
differs from that
traditionally associated with the individual's
sex at birth. + }


So if you're hiring for a hostess and your purple haired, tattooed,
drag queen applicant does not project the kind of image you
want as the hostess of your restaurant and you don't hire him/her??
Screwed. That's what you are.

State must determine bona fide church status:
The Bill says if you operate a “Bona fide” church with you don’t have to hire
one of these protected person so long as the state determines you’re bona fide
AND it’s an important job. So, for instance, if you operate a church you might
have to hire a flaming drag queen as the janitor under this law. Or the Sunday
School bus driver might be a flamboyant gay man, who may be the nicest
guy in the world, but ain’t the kind image your want your Sunday
School kids to emulate. Who decides what’s “bona fide”? The state of course.

{ +  (3) + } { + Nothing in this chapter prohibits + } a bona fide church
or sectarian religiousinstitution
, including but not limited to
a school, hospital or church camp, from preferring an employee or applicant for
employment of one religious sect or persuasion over another when:
(a) That religious sect or persuasion to which the employee or
applicant belongs is the same as that of { + the + } church or institution;
(b) In the opinion of { + the church or institution + },
such a preference will best serve the purposes of { + the + } church
or institution; and (c) The employment involved is closely connected
with or related to the primary purposes of the church or institution and
is not connected with a commercial or business activity { + that + }
has no necessary relationship to the church or institution, or to its
primary purposes.

Joe Sixpack can be sued. Who knew?
The poor schmuck who works with the protected class of people could be sued.

(b) The operator or manager of the place of public accommodation,
the employee or person acting on behalf of the place,
and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;

Could some attorney tell me if this section is boilerplate? It seems
awfully strange to me. SECTION 17 of SB 2. Find the whole bil
here.
Tell ’em where you saw it. Http://www.victoriataft.com

Equality is nice but SB 2 is Orwellian and UNCONSTITUTIONAL?

Reeducation:

(1) A program of public education calculated to eliminate attitudes upon which practices of discrimination because of race, { + color, + } religion, sex, sexual orientation, national origin, + } marital status { + , + } { – or national origin – } { + age or disability + } are based.

Perceived Protection:
How do you know if you’re discriminating against a protected person?
You don’t. Why? Because it also covers people who PERCEIVE themselves
to be a gender that they weren’t born with.

{ + (6) 'Sexual orientation' means an individual's actual
or perceived heterosexuality, homosexuality, bisexuality
or gender
identity, regardless of whether the individual's
gender identity, appearance, expression or behavior
differs from that
traditionally associated with the individual's
sex at birth. + }


So if you're hiring for a hostess and your purple haired, tattooed,
drag queen applicant does not project the kind of image you
want as the hostess of your restaurant and you don't hire him/her??
Screwed. That's what you are.

State must determine bona fide church status:
The Bill says if you operate a “Bona fide” church with you don’t have to hire
one of these protected person so long as the state determines you’re bona fide
AND it’s an important job. So, for instance, if you operate a church you might
have to hire a flaming drag queen as the janitor under this law. Or the Sunday
School bus driver might be a flamboyant gay man, who may be the nicest
guy in the world, but ain’t the kind image your want your Sunday
School kids to emulate. Who decides what’s “bona fide”? The state of course.

{ +  (3) + } { + Nothing in this chapter prohibits + } a bona fide church
or sectarian religiousinstitution
, including but not limited to
a school, hospital or church camp, from preferring an employee or applicant for
employment of one religious sect or persuasion over another when:
(a) That religious sect or persuasion to which the employee or
applicant belongs is the same as that of { + the + } church or institution;
(b) In the opinion of { + the church or institution + },
such a preference will best serve the purposes of { + the + } church
or institution; and (c) The employment involved is closely connected
with or related to the primary purposes of the church or institution and
is not connected with a commercial or business activity { + that + }
has no necessary relationship to the church or institution, or to its
primary purposes.

Joe Sixpack can be sued. Who knew?
The poor schmuck who works with the protected class of people could be sued.

(b) The operator or manager of the place of public accommodation,
the employee or person acting on behalf of the place,
and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;

Could some attorney tell me if this section is boilerplate? It seems
awfully strange to me. SECTION 17 of SB 2. Find the whole bil
here.
Tell ’em where you saw it. Http://www.victoriataft.com