Missoula County strongly opposes SB 458: Define sex in Montana law, scheduled for hearing at 8 a.m. on Thursday, April 13 in the House Judiciary Committee.
SB 458 will have direct and potentially dire consequences for Missoula County by exposing the County to increased costs and liability. This bill would allow for Missoula County employees to challenge the presented gender of members of the public they serve. For example, a clerk in the Clerk of District Court’s office could be requested to issue a marriage license to a couple. If the clerk chose or suspected that one of the applicants was not being what the clerk considered honest in their representation of their sex, the clerk could challenge the resident to prove their sex. The sex of an individual under SB 458 would need to be determined either by an inspection of genitalia or a blood test. Missoula County would be responsible for the costs of staff to conduct these exams or tests. The imposition of this process opens Missoula County up to potential liability, should staff's assertion be wrong or if the citizens were to file a discrimination claim under either the Missoula City ordinance or with the Montana Human Rights Bureau.
In addition, Missoula County is required to allow clerks to defer the issuing of a marriage license based on their religious beliefs. Under this bill that would no longer be based on whether this is a same sex couple, but instead on suspicions by the clerk that one or both of the parties applying for the license are not of the sex they represent. This again opens Missoula County up to liability for violating both the privacy rights of the person applying for the license and for potentially violating the employee's constitutional rights in protected areas of religion.
Missoula County strongly opposes SB 458: Define sex in Montana law, scheduled for second reading on the Senate floor this afternoon.
SB 458 will have direct and potentially dire consequences for Missoula County by exposing the County to increased costs and liability. This bill would allow for Missoula County employees to challenge the presented gender of members of the public they serve. For example, a clerk in the Clerk of District Court’s office could be requested to issue a marriage license to a couple. If the clerk chose or suspected that one of the applicants was not being what the clerk considered honest in their representation of their sex, the clerk could challenge the resident to prove their sex. The sex of an individual under SB 458 would need to be determined either by an inspection of genitalia or a blood test. Missoula County would be responsible for the costs of staff to conduct these exams or tests. The imposition of this process opens Missoula County up to potential liability, should staff's assertion be wrong or if the citizens were to file a discrimination claim under either the Missoula City ordinance or with the Montana Human Rights Bureau.
In addition, Missoula County is required to allow clerks to defer the issuing of a marriage license based on their religious beliefs. Under this bill that would no longer be based on whether this is a same sex couple, but instead on suspicions by the clerk that one or both of the parties applying for the license are not of the sex they represent. This again opens Missoula County up to liability for violating both the privacy rights of the person applying for the license and for potentially violating the employee's constitutional rights in protected areas of religion.
Representatives France, Howell and Zephyr,
ReplyDeleteMissoula County strongly opposes SB 458: Define sex in Montana law, scheduled for hearing at 8 a.m. on Thursday, April 13 in the House Judiciary Committee.
SB 458 will have direct and potentially dire consequences for Missoula County by exposing the County to increased costs and liability. This bill would allow for Missoula County employees to challenge the presented gender of members of the public they serve. For example, a clerk in the Clerk of District Court’s office could be requested to issue a marriage license to a couple. If the clerk chose or suspected that one of the applicants was not being what the clerk considered honest in their representation of their sex, the clerk could challenge the resident to prove their sex. The sex of an individual under SB 458 would need to be determined either by an inspection of genitalia or a blood test. Missoula County would be responsible for the costs of staff to conduct these exams or tests. The imposition of this process opens Missoula County up to potential liability, should staff's assertion be wrong or if the citizens were to file a discrimination claim under either the Missoula City ordinance or with the Montana Human Rights Bureau.
In addition, Missoula County is required to allow clerks to defer the issuing of a marriage license based on their religious beliefs. Under this bill that would no longer be based on whether this is a same sex couple, but instead on suspicions by the clerk that one or both of the parties applying for the license are not of the sex they represent. This again opens Missoula County up to liability for violating both the privacy rights of the person applying for the license and for potentially violating the employee's constitutional rights in protected areas of religion.
Please oppose SB 458.
Senators,
ReplyDeleteMissoula County strongly opposes SB 458: Define sex in Montana law, scheduled for second reading on the Senate floor this afternoon.
SB 458 will have direct and potentially dire consequences for Missoula County by exposing the County to increased costs and liability. This bill would allow for Missoula County employees to challenge the presented gender of members of the public they serve. For example, a clerk in the Clerk of District Court’s office could be requested to issue a marriage license to a couple. If the clerk chose or suspected that one of the applicants was not being what the clerk considered honest in their representation of their sex, the clerk could challenge the resident to prove their sex. The sex of an individual under SB 458 would need to be determined either by an inspection of genitalia or a blood test. Missoula County would be responsible for the costs of staff to conduct these exams or tests. The imposition of this process opens Missoula County up to potential liability, should staff's assertion be wrong or if the citizens were to file a discrimination claim under either the Missoula City ordinance or with the Montana Human Rights Bureau.
In addition, Missoula County is required to allow clerks to defer the issuing of a marriage license based on their religious beliefs. Under this bill that would no longer be based on whether this is a same sex couple, but instead on suspicions by the clerk that one or both of the parties applying for the license are not of the sex they represent. This again opens Missoula County up to liability for violating both the privacy rights of the person applying for the license and for potentially violating the employee's constitutional rights in protected areas of religion.
Please oppose SB 458.