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07-26-10 Common Council Meeting Minutes
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07-26-10 Common Council Meeting Minutes
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REGULAR MEETING JULY 26, 2010 <br /> <br /> <br /> <br />experience the practical people who run successful small businesses simply won’t. When <br />you look objectively at the benefits that are alleged to come from this legislation but the <br />burdens that are imposed by this amendment are a job killer and urged the Council to <br />vote against this bill. <br /> <br />Ryan McCan, Indiana Family Institute, 155 Market Street, Indianapolis stated that the <br />Indiana Family Institute is an affiliate of the Alliance Defense Fund (ADF), a letter was <br />read earlier this evening by Mr. Micah Clark on behalf of the ADF and likewise the <br />Indiana Family Institute strongly opposes this bill. <br /> <br />Timothy Wescott, 59771 Red Bird Ct., Mishawaka, Indiana, stated that he attends church <br />and do business in South Bend and urges the Council to vote against this bill. <br /> <br />Eric Miller, Founder, Executive Director, Advance America, 101 W. Ohio, P.O. Box <br />44590, Indianapolis, Indiana, stated that all Council Members were supplied with a <br />manual from Citizens for Community Values of Indiana and would like to make that <br />document a part of the record. A copy of that manual is on file with the Office of the <br />City Clerk. Mr. Miller stated that the has worked in the Indiana General Assembly for <br />over 29 years reviewing legislation. He stated that he has reviewed Bill No. 30-10 and <br />agrees that this bill is vague and detrimental to businesses and religious organizations of <br />State of Indiana. He stated that he is here tonight also representing a long time business <br />owner and resident of South Bend, Mr. Bill Gates, who is also a Board Member of Bethel <br />College who could not be here tonight but wishes to voice his opposition to this proposed <br />amendment to the Human Rights Ordinance. For the betterment of South Bend, St. <br />Joseph County and the State of Indiana he urged the Council to defeat this legislation for <br />it is adverse to businesses, children, churches, families and religious organizations. He <br />stated that South Bend should vote down this proposed amendment like their neighboring <br />cities of Goshen and Ft. Wayne who have voted down a similar amendment within the <br />past year. <br /> <br />In Rebuttal, <br /> <br />Mr. Charles Leone stated that he and Mr. Urda put together that language on behalf of the <br />Boy Scouts with respect to that effect. He stated that there was a U.S. Supreme Court <br />case that is cited in that section of the ordinance. He suggested that Professor Rice and <br />others who might not be familiar with that language read that particular court case <br />because the language that is in that particular exemption is derived directly from that U.S. <br />Supreme Court case and grant that it is a little hard to understand but that is where is <br />comes from. It is designed to say that a religious organization has the same level of <br />exemption with respect to these particular characteristics as it does in other types of <br />employment in terms of a religious discrimination. A religious organization may <br />discriminate on the basis of religion when hiring. For example a religious organization <br />may discriminate from hiring a GLBT person if in fact that is part of the religious basis <br />for the decision. So in fact it is designed to create the exemption. The question of <br />interpretation is one that comes to the South Bend Human Rights Commission, but <br />certainly the Commission is not going to be in a position to choose or dole out religious <br />doctrine. If a religious organization says that this is their choice because of our religious <br />belief then that is the way it is going to be. <br /> <br />Aladean DeRose stated that as the Commission does its work it does rely on <br />interpretations of the law as handed down by the Supreme Court and by the Courts of the <br />State and carefully reviews all issues of defense such as this because other issues have <br />come up in the past because there are other exemptions in the employment ordinance for <br />educational institutions. She stated that State funded educational institutions are not <br />subject to the jurisdiction of the Human Rights Commission. She noted that in the past <br />that the school corporation has permitted the South Bend Human Rights Commission to <br />hear its cases even though the ordinance does not permit that because that it is a right <br />specific to that exempt organization but have decided to allow the Commission to hear <br />their case because they feel that the South Bend Human Rights Commission fairly and <br />fully and completely investigates their case with respect to protecting their employers <br />which is a duty of the commission as well as protecting their employees who are victims <br /> 11 <br /> <br />
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