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

Moscow Cares moscowcares at moscow.com
Wed Oct 22 11:05:48 PDT 2014


I could go on and on . . . reading, quoting, copying, and pasting articles from the Coeur d'Alene Press and/or the Spokesman Review . . .detailing how the initial action in this case was brought forward by the Hitching Post, claiming that they (the Hitching Post), as a non-profit religious organization, are not required to be in compliance with Coeur d'Alene's discrimination code . . . and how the City of Coeur d'Alene has responded claiming the Hitching Post to be a for-profit organization . . . but why?

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 10:48 AM, Sunil <sunilramalingam at hotmail.com> wrote:
> 
> Was that week-long hearing about the Coeur d'Alene ordinance? If not, I won't be needing the CDS.
> 
> Here's what the City of Coeur d'Alene had to say on its facebook page yesterday:
> 
> 'The city of Coeur d’Alene has been contacted by a huge volume of people inquiring about our anti-discrimination ordinance, passed in 2013 by the City Council. These contacts have been a reaction to a lawsuit filed by the owners of a local marriage chapel, the Hitching Post, which claims the city has taken inappropriate action against their business for their decision to not perform same-sex marriages. In fact, the city has received no complaints about the Hitching Post and we have never threatened them. If we did get a complaint we would investigate it like any other complaint to determine if there is a legitimate violation of a city code. If we investigate it and determine that they fall within our exemption for religious corporations, we would not pursue it further because they would be exempt. At this point the city is reviewing the complaint and hopes to more fully respond to the allegations as quickly as possible.' (emphasis added)
> 
> Maybe they need the CDs?
> 
> Sunil
> 
> Subject: Re: [Vision2020] Otter seeks full panel review of gay marriage ruling
> From: thansen at moscow.com
> Date: Wed, 22 Oct 2014 10:22:54 -0700
> CC: vision2020 at moscow.com
> To: sunilramalingam at hotmail.com
> 
> I say again, Mr. Ramalingam (emphasis added) . . . 
> 
> The Hitching Post is a for-profit business.  As such it is not legally eligible for benefits associated with non-profit religious organizations . . . benefits like non-compliance with city code . . . unless it controls the city council (hmmm).
> 
> If you don't believe me, just ask the "management" of New Saint Andrews College.  There was a hearing conducted in July 2004, before the Latah County Board of Commissioners, between local complainants (Rose Huskey and Saundra Lund) and respondents ("management" of Christ Church, New Saint Andrews College, Logos School, etc.) concerning the respondents' tax-exempt/for-profit status.
> 
> I have the nearly-a-week-long hearing online and on a series of CDs.
> 
> 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 9:57 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
>  
> 
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> List services made available by First Step Internet,
> serving the communities of the Palouse since 1994.
>               http://www.fsr.net
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> =======================================================
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> ======================================================= 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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