[Vision2020] Otter seeks full panel review of gay marriage ruling

[Ron Force]

As a lawyer, you're familiar with this, but I send it for other Viz readers. Here's how federal case law defines a religious institution:

Under established case law, this Title VII exception applies only to those institutions whose “purpose and character are primarily religious.”(1) That determination is to be based on “[a]ll significant religious and secular characteristics.” (2) Although no one factor is dispositive, significant factors that courts have considered to determine whether an employer is a religious organization for purposes of Title VII include: whether the entity is not for profit, whether its day-to-day operations are religious (e.g., are the services the entity performs, the product it produces, or the educational curriculum it provides directed toward propagation of the religion?); whether the entity's articles of incorporation or other pertinent documents state a religious purpose; whether it is owned, affiliated with or financially supported by a formally religious entity such as a church or other religious organization; whether a formally religious entity
 participates in the management, for instance by having representatives on the board of trustees; whether the entity holds itself out to the public as secular or sectarian; whether the entity regularly includes prayer or other forms of worship in its activities; whether it includes religious instruction in its curriculum, to the extent it is an educational institution; and whether its membership is made up of coreligionists.


Title VII is employment law, but it applies generally.
 
Ron Force
Moscow Idaho USA 


On Wednesday, October 22, 2014 9:58 AM, Sunil <sunilramalingam at hotmail.com> wrote:
 


No. See B(1) below, emphasis added.

9.56.040: EXCEPTIONS: 

A. Notwithstanding any other provision herein, nothing in this chapter 
is intended to alter or abridge other rights, protections, or privileges secured under state and/or federal law. This chapter shall be construed and applied in a manner consistent with first amendment jurisprudence 
regarding the freedom of speech and exercise of religion.


B.This chapter does not apply to:

1. Religious corporations, associations, educational institutions, or societies.

2. An expressive association whose employment of a person protected by 
this chapter would significantly burden the association's rights of 
expressive association under Boy Scouts Of America v. Dale, 530 U.S. 640 (2000).

3. The United States government, any of its departments or agencies, or 
any corporation wholly owned by it; or the state of Idaho or any of its 
departments, agencies, or political subdivisions, other than the city of Coeur d'Alene.

C. This chapter shall not apply: 1) to the rental of a housing 
accommodation in a building which contains housing accommodations for 
not more than two (2) families living independently of each other, if 
the lessor or a member of his family resides in one of the housing 
accommodations, or 2) to the rental of a room or rooms in a 
single-family residential housing accommodation by an individual if he 
or a member of his family resides therein. (Ord. 3466, 2013)



________________________________
From: thansen at moscow.com
Date: Wed, 22 Oct 2014 08:51:27 -0700
To: janesta at gmail.com
CC: vision2020 at moscow.com
Subject: Re: [Vision2020] Otter seeks full panel review of gay marriage	ruling


The Hitching Post claims to be a religious entity.  

Yet, it is a for-profit business (so claims the Cd'A City Council).  As such the Hitching Post is bound to, and must obey, local laws (city code in this case) . . . including a Coeur d'Alene city code that stipulates that a business cannot refuse service based on sexual orientation.


Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)
http://www.MoscowCares.com
  
Tom Hansen
Moscow, Idaho

"There's room at the top they are telling you still.
But first you must learn how to smile as you kill,
If you want to be like the folks on the hill."

- John Lennon
  

On Oct 22, 2014, at 8:22 AM, Janesta <janesta at gmail.com> wrote:


Butch needs to give it a rest.
>
>The Hitching Post is a private business and should have the freedom and right to serve whomever they want. There is a BOOMING business in Arizona for "clearing houses" for business which same gender friendly. Perhaps someone should start one in Coeur d' Alene
>
>
>
>On Wed, Oct 22, 2014 at 8:05 AM, Tom Hansen <thansen at moscow.com> wrote:
>
>Courtesy of today's (October 22, 2014) Spokesman-Review.
>>
>>
>>-------------------------------------
>>
>>
>>Otter seeks full panel review of gay marriage ruling
>>BOISE – Idaho Gov. Butch Otter wants a larger group of judges to reconsider the recent decision that overturned the state’s ban on same-sex marriage. “I will continue defending Idahoans’ self-determination and the will of Idaho voters who decided that traditional marriage is a core principle of our society,” Otter said.
>>The governor on Tuesday announced that he would file a petition seeking a review at the 9th U.S. Circuit Court of Appeals by an 11-judge panel. A three-judge panel made the earlier decision ruling that Idaho’s ban on same-sex marriage was unconstitutional. Otter and Idaho Attorney General Lawrence Wasden earlier requested that the 9th Circuit assign a full 11-judge panel to hear Idaho’s case, rather than a three-judge panel. That request was denied. Wasden didn’t join with Otter in Tuesday’s petition. 
>>However, his spokesman, Todd Dvorak, said Wasden plans to file an appeal to the U.S. Supreme Court in the coming weeks.
>>Deborah Ferguson, attorney for the four Idaho couples who successfully sued to overturn Idaho’s same-sex marriage ban, said, “If necessary, we will continue to defend the District Court and 9th Circuit decision.”
>>Otter, in a news release, warned of “increased religious strife” because “unaccountable judges,” not the “democratic process,” were making the call on gay marriage.
>>“One of the key arguments against the Idaho Constitution’s defense of traditional marriage has been that redefining it to include same-sex couples would not harm anyone.  But the Hitching Post example shows the fallacy of that position,” he said.
>>The Hitching Post wedding chapel in Coeur d’Alene has filed a federal lawsuit against the city of Coeur d’Alene, saying the city’s anti-discrimination ordinance would force its owners to perform marriages that they object to on religious grounds. That prompted a fundamentalist Christian group in Mississippi to claim that the city of Coeur d’Alene has threatened to arrest the two ordained ministers who own the chapel – but there was no such threat.
>>The city has asked that the lawsuit be withdrawn; the chapel recently filed to become a religious corporation, which would exempt it from the city ordinance.
>>Otter is in the midst of campaigning for a third term; his two leading opponents, Democrat A.J. Balukoff and Libertarian John Bujak, oppose continuing Idaho’s court fight against same-sex marriage, which became legal in Idaho last week.
>>-------------------------------------
>>
>>
>>Seeya 'round town, Moscow, because . . .
>>
>>
>>"Moscow Cares" (the most fun you can have with your pants on)
>>http://www.MoscowCares.com
>>  
>>Tom Hansen
>>Moscow, Idaho
>> 
>>=======================================================
>> List services made available by First Step Internet,
>> serving the communities of the Palouse since 1994.
>>               http://www.fsr.net
>>          mailto:Vision2020 at moscow.com
>>=======================================================
>>
>
=======================================================
>List services made available by First Step Internet,
>serving the communities of the Palouse since 1994.
>              http://www.fsr.net
>         mailto:Vision2020 at moscow.com
>=======================================================
=======================================================
 List services made available by First Step Internet,
 serving the communities of the Palouse since 1994.
               http://www.fsr.net
          mailto:Vision2020 at moscow.com
=======================================================

=======================================================
List services made available by First Step Internet,
serving the communities of the Palouse since 1994.
              http://www.fsr.net
          mailto:Vision2020 at moscow.com
=======================================================
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