H‑0230.2   _____________________________________________

HOUSE BILL 1250

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Boldt and Schindler

Read first time 01/22/2001.  Referred to Committee on State Government.

_1      AN ACT Relating to prohibiting discrimination by government

_2  against private entities in contracting with public entities,

_3  receiving public funds, having access to public facilities, or

_4  participating in public programs; adding a new section to chapter

_5  49.60 RCW; creating new sections; and declaring an emergency.

_6  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_7      NEW SECTION. Sec. 1.  This act may be known and cited as the Boy

_8  Scouts Protection Act of 2001.

_9      NEW SECTION. Sec. 2.  The legislature recognizes that the Boy

10  Scouts of America and other private organizations have

11  constitutionally protected rights of freedom of speech and

12  religion under both the United States Constitution and the

13  Washington state Constitution.  Implicit in the right to freely

14  engage in these activities as protected by the federal and state

15  constitutions is a corresponding right to associate with others in

16  pursuit of a wide variety of political, religious, social,

17  economic, educational, and cultural ends.

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_1      This right is crucial in preventing the majority from imposing

_2  its views on groups that prefer to express other, perhaps

_3  unpopular, ideas.  Thus, the protection of the right to expressive

_4  association is especially important in preserving political and

_5  cultural diversity and in shielding dissident expression from

_6  suppression by the majority.

_7      Government actions that may unconstitutionally burden this

_8  freedom may take many forms, one of which is discrimination

_9  against private entities by government through the use of public

10  policies designed to force such entities to accept memberships or

11  associations they do not desire or, in the alternative, forfeit

12  opportunities for obtaining various government benefits generally

13  available to the public at large.  Forcing private entities to

14  accept certain memberships or associations in order to enjoy

15  public benefits shared by others unduly impairs and impermissibly

16  burdens the ability of such entities to express the views, and

17  only those views, they intend to express.  Thus, the freedom of

18  association plainly presupposes a freedom not to associate.

19      The legislature finds, therefore, that private entities have a

20  constitutionally protected right to establish their own particular

21  values, standards, or criteria for determining membership or

22  association and that government shall not discriminate against

23  private entities as a result of policies such entities may adopt

24  or pursue that qualify membership in or association with the

25  entity based on the sexual preference or orientation of any

26  person.

27      NEW SECTION. Sec. 3.  A new section is added to chapter 49.60

28  RCW to read as follows:

29      The state of Washington, and its political subdivisions,

30  including counties, cities, towns, school districts, and

31  institutions of higher education, and any agency or officer

32  thereof, shall not enact or enforce any policy that discriminates,

33  directly or indirectly, against any private entity in contracting

34  with public entities, receiving public funds, obtaining access to

35  public facilities, participating in public programs, or receiving

36  any other public benefit, privilege, advantage, opportunity, or

37  entitlement based, in whole or in part, on any policy, purpose, or

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_1  practice of the entity to exclude, limit, or qualify membership in

_2  or association with the entity because of the sexual preference or

_3  orientation of any person.

_4      NEW SECTION. Sec. 4.  The provisions of this act are to be

_5  liberally construed to effectuate the policies and purposes of

_6  this act.  In the event of conflict between this act and any other

_7  provision of state law, the provisions of this act shall govern.

_8      NEW SECTION. Sec. 5.  If any provision of this act or its

_9  application to any person or circumstance is held invalid, the

10  remainder of the act or the application of the provision to other

11  persons or circumstances is not affected.

12      NEW SECTION. Sec. 6.  This act is necessary for the immediate

13  preservation of the public peace, health, morals, or safety, or

14  support of the state government and its existing public

15  institutions, and takes effect immediately.

‑‑‑ END ‑‑‑

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