Latest news with #JointResolution15
Yahoo
11-03-2025
- Politics
- Yahoo
Ten Commandments monument resolution heading to Senate
A joint resolution in Frankfort that would require a monument to the Ten Commandments be returned to the state capitol in Frankfort is heading to the full Senate for consideration. House Joint Resolution 15 would require the Historic Properties Advisory Commission to bring the Ten Commandments monument back to the capitol and place it in Monument Park. The resolution's primary sponsor is Rep. Shane Baker, a Somerset Republican. The resolution was approved by the Senate State and Local Government committee Monday, setting it up for a vote in the Senate. The resolution has already passed the House. The monument is currently in possession of the Fraternal Order of Eagles Aerie 3423. The Eagles originally donated the monument to the state in 1971. According to the resolution, the monument was displayed at the capitol until sometime in the 1980s, when it was put in storage due to a construction project. The monument was ordered to return to the capitol in 2000, but the joint resolution was ruled unconstitutional. However, in 2005, the U.S. Supreme Court ruled similar Ten Commandments monument could be displayed at the Texas capitol did not violate the Establishment Clause, because the display was not religious, but a display of a document that played a role in the foundations of U.S. law. The Establishment Clause is more commonly known as separation of church and state. Eric Schmidt, a professor of legal studies and political science at Kentucky Wesleyan College, said the Ten Commandments does have a place in both the formation of English law, and in the legal thinking of the early English settlers in America. 'The colonists themselves referred to Judeo-Christian law' and to the Ten Commandments in their legal thinking, Schmidt said. 'It also had a profound effect on the development of English common law, generally.' The Ten Commandments were one document of many used to create English common law, Schmidt said. Supporters of placing the Ten Commandments at the capitol have an argument, 'especially if (they're) saying the Ten Commandments represent the tradition of law in the United States,' Schmidt said. The monument would have be 'contextualized properly,' in a way that didn't indicate lawmakers were endorsing a religion. 'The question is, when the intent is (to display) the Ten Commandments — especially if it's going to be in isolation — (whether) it's going to meet the requirements of the Establishment Clause,' Schmidt said. The government can't display the Ten Commandments as a way 'to wink at religion,' Schmidt said. At Monday's committee hearing, Baker was asked what the legislature would do to give other religions a place on the capitol grounds. 'This is not about religious display,' Baker said. The committee approved sending the resolution to the full Senate on a vote of 8-1, with one member abstaining from voting. Sen. Robby Mills, a Henderson Republican and the senate's majority caucus chair, said he agreed with returning the monument to the capitol. 'I think the Ten Commandments are a historical document,' Mills said. 'It has almost become a secular code of conduct.'
Yahoo
04-03-2025
- Politics
- Yahoo
Joint resolution to oppose gay marriage tabled in Senate Judiciary
A resolution to push back on same-sex marriage was tabled on Monday morning. (Photo by Darrell Ehrlick of the Daily Montanan) A Senate joint resolution to oppose same-sex marriage and the 2015 Obergefell decision was tabled in the body's Judiciary committee on Monday morning. Republicans in the legislature sought to pass a formal resolution that Obergefell v. Hodges, the U.S. Supreme Court case that codified same-sex marriage into federal law, was 'at odds with the Constitution of the United States and the principles on which the United States was established.' Same-sex marriage became legal in Montana in 2014. Senate Joint Resolution 15, brought by Sen. Rob Phalen, R-Lindsay, did not pass on a 4-4 vote, with Republican Sen. Sue Vinton of Billings joining Democrats in opposition. The Senate Judiciary committee then tabled it on a 6-2 vote. The resolution had support from Republican leadership both in the House and the Senate. It was opposed by more than 20 people who spoke, including SK Rossi, who was speaking on behalf of the Montana Coalition Against Domestic and Sexual Violence and themself. 'I don't even know where to start,' Rossi said. 'The state Capitol is a time machine, because I honestly feel like we've gone back 20 years.' Rossi added: 'I would say this issue is settled. I know that some people in this room don't agree with that, but that's the case.' Rep. Zooey Zephyr, D-Missoula, also lent her voice to the discussion and spoke against the resolution in testimony. Zephyr, who is married to a woman, talked about her wedding. 'She started reading her vows, that very sacred moment where someone who loves you dearly makes a promise in all the ways that they will love you for the rest of your life. That is the most special moment in my life I've had so far,' said Zephyr, who is openly transgender. 'And when the 'I do's' happened and we kissed, my 9-year old stepson said that moment was the happiest he ever was, because that was the moment I became his stepmom for real.' Montana voters in 2004 approved Initiative 96, which amended the state constitution and banned same-sex marriage in the state. A federal court struck down the law in 2014, but Obergefell would supersede the state constitutional initiative regardless. MassResistance, which is designated as a hate group by the Southern Poverty Law Center, had representatives speak in support of the resolution. The organization is based in Massachusetts. 'There is no evidence that individuals are born homosexual,' said Arthur Schaper, a representative of MassResistance. 'In fact, the normalization of same-sex relationships has brought serious public health problems.' Research from the American Psychological Association has consistently shown being queer is not a choice and people cannot be turned straight. Suggesting that non-straight people are responsible for health problems is language dating back to fear-mongering about HIV, according to the Human Rights Campaign. Data from the Center for American Progress has shown the LGBTQ+ community is disproportionately impacted by certain diseases and has dealt with decades of healthcare discrimination. Derek Oestreicher, an attorney for Montana Family Foundation, spoke in support of the resolution. 'The Supreme Court has effectively vetoed the will of Montana,' Oestreicher said. 'Many Americans and religious institutions hold deep faith-based convictions about marriage, and Obergefell led to increasing conflict between religious freedom and government mandates.' Phalen ended the defense of his bill by reading John 3:16, a Bible verse that essentially says Jesus died for everyone's sins. He then told the crowd that God does love them. He proceeded to suggest children with gay parents were worse off than they'd be if they had heterosexual parents. 'Redefining marriage has made fathers and mothers optional, and the children suffer as a result,' Phalen said. 'Homosexual conduct is inherently destructive and a misuse of organs, like the shoving of a straw up one's nose to drink or using one's elbows to scratch one's ears.' While same-sex couples can experience discrimination, studies have shown there's little evidence the gender makeup of parents has much of an impact on their ability to parent. In favor if the resolution were Republican Sens. Barry Usher of Billings, Vince Ricci of Billings, Theresa Manzella of Hamilton, and Dan Emrich of Great Falls. Opposing the bill were Vinton and Democratic Sens. Andrea Olsen of Missoula, Cora Neumann of Bozeman, and Laura Smith of Helena.
