May 31, 2008

by Lisa Sinnock 

On Why Senate Bill 200 Cannot be Overturned…Yet! 

          Recently, many of us in the 285 Corridor have been concerned about SB200.  This bill has been dubbed “Bathroom Legislation” by a number of websites that I have viewed.  It raises several questions for those of us who have been posting our thoughts on the 285Homeschoolers e-list.  The first question is one of freedom of association.  This bill defines the basis for choice of association under penalty of law.  This is a direct violation of liberty of conscience.  The second question, since many of us have young children, is one of safety, since public restrooms, including those of churches, will now accommodate, without restraint, the homosexual community and they may use the bathroom of their choice at any time.

          Yesterday, the notice was given that not only had the bill been signed by Governor Ritter, putting it into effect, but that it cannot be overturned by public petition.  In order to understand this, the process of bill enactment must be addressed.  There are three basic ways that a bill can be enacted.  First, a bill may be given ninety days, in which the public may address grievances by petition.  Second, a bill may include a date upon which it will be made law.  Typically these are set for June 1st or January 1st, following the fiscal calendar or the yearly calendar, respectively.  The third manner of enactment is the use of the ‘safety clause.’  In 1910 a safety clause was made available in Colorado, in Article V, Section I of the Colorado Constitution (you may find this link helpful:  http://www.jerrykopel.com/2005/Safety-Clause.htm) so that bills can become law immediately if there is concern for public peace and safety.  This allows for no time for the addressing of public grievances, therefore there is no immediate opportunity to overturn such laws.

          It has come to my attention that this clause is greatly misunderstood.  When asked if a safety clause ought to be included, there is a tendency for the writers of the bill to simply answer affirmatively on this question, without any real understanding of the significance of their decision to the public.  In addition to that, we, the public, do not understand it either.  (Address of grievances was also an issue for the colonists in the 1700’s.)  The trend has been to add a safety clause to most bills.

          These bills CAN be overturned.  But the next opportunity to overturn SB200 will be in the year 2010.  The reason for this is because statutes cannot be overturned in an off-year election, due to the lack of voter turnout.

          So what can we do?  There are a couple of things.  First, we can educate ourselves.  We cannot act on that which we know nothing.  And we cannot know that which we have not studied.  There is no need for us each, as individuals, however, to know everything about our local government.  Nor is there a need for us each, as individuals, to spend hour upon hour reading the bills to determine our stance.  Most of us do not have that kind of time.  We have been given a unique opportunity to hear from a local public servant who is passionate about our liberties and about making government work for the people.  He is offering to come and discuss with us how we can be informed and make a positive difference.  Second, we need serious lobbyists on our side.  We can either tap into those who are already at work, or build a coalition of our own and hire a good one.  This second option may not be as difficult as it seems, on first thought.  285Homeschoolers represents a rather large number of individuals who all have common interest.  We could use that to our advantage and create a voice that is heard.  There may be other things we can do, but I must educate myself on that point.

          It is our duty, as American citizens to know the US Constitution and our state constitution, so that we can speak coherently and effectively on issues that affect us.  To that end, I will organize a session in which we can learn about the process of local government.  It is a good place to start.