5688-S2.E AMH SHEA TANG 105

E2SSB 5688 - H AMD 673

By Representative Shea

FAILED 4/15/2009

    On page 4, after line 22, insert the following:

"NEW SECTION. Sec. 1.  A new section is added to chapter 26.60 RCW to read as follows:

    (1) The legislature recognizes that the First Amendment to the United States Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." and Article I, section 11 of the Washington state Constitution provides that "Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual...." 

    (2) The legislature further recognizes that there is a substantial and distinct difference between a person's discriminating decisions or acts based on one’s view of another person’s sexual orientation versus a person's discriminating decisions or acts based on one's view of marriage, including marriage as a civil union only between one man and one woman.  The legislature further finds that such decisions or acts are not one and the same since one decision or act is based on a person’s view of sexual orientation and the other decision or act is based on a person’s view of marriage, regardless of a person’s sexual orientation.

NEW SECTION.  Sec. 2.  A new section is added to chapter 26.60 RCW to read as follows:

    Pursuant to the United States and Washington state Constitutions, every person enjoys freedom of religion, therefore, any private individual, organization, including any religious sect, denomination, or society, or any other entity, lawfully acting consistent with a sincerely held religious belief regarding what constitutes marriage, including marriage as a civil union only between one man and one woman, shall be immune from civil and criminal liability for any refusal to participate in, endorse, facilitate, or otherwise assist, any marriage or marriage ceremony, reception, or other activity related to marriage, or any domestic partnership or domestic partnership ceremony, reception, or other activity related to such domestic partnership, that conflicts with those sincerely held religious beliefs.

NEW SECTION.  Sec. 3.  A new section is added to chapter 26.60 RCW to read as follows:

    (1) The legislature recognizes that the First Amendment to the United States Constitution provides that "Congress shall make no law...abridging the freedom of speech...." and Article I, section 5 of the Washington state Constitution provides that "Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right."

    (2) The legislature further recognizes that there is a substantial and distinct difference between lawfully expressing one’s belief or opinion for or against domestic partnerships based on one’s view of a person’s sexual orientation versus lawfully expressing one’s beliefs or opinions for or against domestic partnerships based on one’s view of marriage, including marriage as a civil union only between one man and one woman.  The legislature further finds that such expressions of belief are not one and the same since one form of speech is based on the person's view of a person’s sexual orientation and the other form of speech is based on the person’s view of marriage, regardless of a person’s sexual orientation.

NEW SECTION.  Sec. 4.  A new section is added to chapter 26.60 RCW to read as follows:

Pursuant to the United States and Washington state Constitutions, every person enjoys freedom of speech, and therefore any private individual, organization, including any religious sect, denomination, or society, or any other entity, is immune from civil and criminal liability for any lawful speech expressing its beliefs or opinions regarding domestic partnerships or other types of civil unions and for any lawful speech expressing its beliefs or opinions regarding marriage, including marriage as a civil union only between one man and one woman."

    Renumber the remaining sections consecutively and correct any internal references accordingly.  Correct the title.

EFFECT:   Recognizes the provisions on freedom of speech and freedom of religion granted by the U.S. and state Constitutions.

           Provides that the Legislature recognizes that there is a difference between a discriminating decision or act, or the lawful expression of one's belief, based on one's view of a person's sexual orientation versus a discriminating decision or act, or the lawful expression of one's belief, based on one's view of what constitutes marriage. 

Provides that a person, organization, or religious entity is immune from civil and criminal liability for: (1)lawful speech  expressing its beliefs about domestic partnerships and civil unions and its beliefs about marriage; and (2) lawfully acting consistently with its sincerely held religious beliefs by refusing to participate in, endorse, facilitate, or otherwise assist any marriage, marriage ceremony, reception or other activity, or any domestic partnership, domestic partnership ceremony, reception, or other activity.

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