Leisel Kemp, whose brother Jason was killed by CSP after they entered his home without a warrant, spoke at the 2013 Bill of Rights Dinner about the ACLU's legal advocacy on behalf of her family.
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"
