It’s really quite simple. Religious liberty means the freedom to believe what you believe, to state or even argue your beliefs in public if you wish, to gather in religious community, to worship as you choose, and to live your own personal life according to your religious faith or perspective. Religious liberty does not and cannot mean the freedom to violate the rights or freedoms of others, to discriminate or violate public accommodation laws when serving the public, or to impose your religious practices and restrictions on employees, students or customers who may not share your religion.
Fortunately, the Governor of Arizona just vetoed a noxious bill that would have allowed many kinds of public discrimination in the name of religious freedom. Unfortunately, the idea that religious freedom should allow discrimination and override public accommodation laws has been popping up in many places, including here in Colorado. The ACLU of Colorado recently won summary judgment against a bakery that refused to make a cake for a same-sex couple in violation of long-standing public accommodation laws. These laws are essential for equal protection in public commerce, preventing a chaotic breakdown of civility in a society with many different religious beliefs and personal biases.
The ACLU of Colorado upholds true religious liberty for all people and First Amendment principles of both free exercise of religion and non-establishment of religion in the public sphere. If a bakery or other retail outlet refused to serve someone because of their religious beliefs, including the beliefs of any Christian tradition, we would fight that discrimination, too. Ironically, the bill just vetoed in Arizona might have allowed exactly that kind of discrimination to occur. It will be essential to remain vigilant against attempts to justify acts of discrimination against LGBT persons or anyone else in the name of religious liberty.
The House Judiciary committee will be hearing testimony on HB 1061 this afternoon. The bill would force Colorado municipalities to comply with existing Constitutional and Colorado laws requiring courts to determine whether a person is too poor to pay their court fines and fees before throwing them in jail for failing to pay.
The bill, sponsored by Thornton Rep. Joe Salazar, is the result of a two-year statewide ACLU investigation into the use of these practices by municipal courts.
UPDATE: The bill passed out of committee unanimously, 11-0
Read the prepared remarks our Public Policy Director, Denise Maes, will give at the hearing today
Original ACLU press release on results of investigation into Colorado debtors' prisons
Denver Post article: "Colorado cities jail poor who can't pay fines for minor offenses"
AP article: "Jail for fines? Colo. lawmaker wants to end policy"
Date
Tuesday, February 25, 2014 - 2:16pmShow featured image
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Bill to be considered February 25 by the House Judiciary Committee at 1:30 pm MT
“Debtors' prison sounds like an archaic term - some long abandoned concept from the pages of a Charles Dickens novel. Unfortunately, their use is alive and well in Colorado and you don't have to travel very far beyond the Capitol to see it.
“The U.S. Constitution and the Colorado Constitution prohibit debtors' prisons. The law requires that, before jailing anyone for unpaid fines, courts must determine whether an individual is too poor to pay. Jailing a person who is unable to pay violates the law, and yet municipal courts across the State of Colorado continue this draconian practice.
“The ACLU conducted a 2-year investigation and discovered that many Coloradans are being jailed for their failure to pay outstanding court fines and fees, and there is no inquiry by the Court into whether the individual has the ability to pay.
“Incarceration under these circumstances is forbidden by the U.S. Constitution. The United States Supreme Court has consistently recognized that to deprive an individual of freedom because, through no fault of their own, they cannot pay is contrary to fundamental fairness that is guaranteed by the 14th Amendment.
“Make no mistake: this practice exists. And persists. Most of Colorado's largest cities issue pay or serve warrants. In our investigation, we discovered that individuals clearly lacking the ability to pay were jailed for very minor offenses: a dog off-leash, minor traffic infractions, and open container violations.
“Incarcerating the poor creates a two-tiered system of justice. The poorest are punished more harshly and, due to escalating fines and fees that attach because of late payments or non-payments, poor people pay more in fines.
“Incarcerating the poor is fiscally unwise. The taxpayer pays multiple times. First, while incarcerated, there is a cost for the County per day, per bed. Second, the Court forfeits its ability to collect the fines and third, while incarcerated, the defendant risks losing their job and may become dependent on public assistance. This is a net fiscal loss to the taxpayers.
“Our judicial system, which prides itself on equal justice for all, cannot maintain a system whereby some people pay their fines and the poor go to jail. Without question, accountability is an important aspect of our judicial system. But so is fairness.
“The ACLU urges a yes vote on HB 1061.”
Date
Tuesday, February 25, 2014 - 12:18pmShow featured image
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