From: SMTP%"owner-amend2-discuss@bruno.cs.colorado.edu" 19-SEP-1993 14:39:04.99
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Subj: Text of the "EPA" (Was Re: Colorado National Freedom Campaign)
From: kpm@longs.att.com (Kevin P Malloy +1 303 538 3511)
To: amend2-discuss@cs.colorado.edu, gaynet@queernet.org, qn@queernet.org
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Original-From: longs.att.com!kpm (Kevin P Malloy +1 303 538 3511)
Date: Sun, 19 Sep 93 15:01:45 MDT
Message-Id: <9309192101.AA07728@bighorn.dr.att.com>
Original-From: longs!kpm (Kevin P Malloy +1 303 538 3511)
Original-To: cs.colorado.edu!amend2-discuss, queernet.org!gaynet, queernet.org!qn
Subject: Text of the "EPA" (Was Re: Colorado National Freedom Campaign)
Here's the text of the amendment, as proposed by "People for a
Stronger Colorado" (PSC), lead by Daniel Brewer-Ward. It repeals
"Amendment 2" as passed by the Colorado Voters and replaces it with
the following:
Section 30b. Protection against discrimination.
(1) No person shall be denied the ownership of real property, rental
of real property, access to public accommodation or access to and
continuation of eduation or employment because of gender, race,
national origin, creed, sexual orientation, religious beliefs,
disability, ancestry, marital status, familial status, military
status, political affiliation or age.
(2) Definitions to be used in relationship to this section:
(a) "Creed" shall be defined as pursuant to law which is
current at the time of the alleged violation.
(b) "Sexual orientation" means one's status as a homosexual,
bisexual or heterosexual
(c) "Disability" shall be defined as pursuant to the United
States "Americans with Disabilities Act of 1990" as amendment before
January 1, 1993. Protection from discrimination on the basis of
disability shall be subject to "reasonable accommodation" as
defined pursuant to law which is current at the time of the alleged
violation
(3) The following shall be exempt from all the forgoing provisions
unless otherwise directed by United States Law:
(a) A building with four or fewer rental units, at least one
of which is occupied as a residence by an owner.
(b) Owners or tenants seeking roommates in shared living space;
(c) Legally recognized shurches as those entities shall be
defined pursuant to law which is current at the time of the alleged
violation.
(d) Educational institutions that receive no funds directly from
the State of Colorado or The United States.
(4) Protection from discrimination based on "age" shal be subject
to all exemptions specified in the statutes or constitutions of the
State of Colorado or The United States at the time of the alleged
violation.
(5) This section shall supersede conflicting constitutional,
statutory, charter or other state or local provisions.
(6) The General Assembly shall pass all laws necessary to implement
and enforce this section.
What PSC's amendment attempts to do, in approximately
200 words, is put a civil rights law into the Colorado Constitution that
spells out the "categories" of discrimination that are to be outlawed.
The amendment doesn't say "no discrimination," it says "no discrimination
on the basis of...", defined as..., with spelled out exceptions.
Civil rights laws have evolved over time, and the inclusion of "sexual
orientation" in civil rights laws is actually a fairly recent development.
When most civil rights laws were originally passed, very few people even
thought to include "sexual orientation" in them
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