ACLU-Vermont E-update 2-9-09

Statehouse wags are already calling the 2009 legislative session the “sex and money” session -- the money aspect is obvious, given economic conditions. The sex aspect is due to S. 13, the 60+-page bill that proposes sweeping changes to the state’s sex offender laws.

“You know, for four weeks we’ve been doing nothing but sex. I love this job!” said one member irreverently last week.

Indeed, numerous House committees have spent long days reviewing the bill. They’re doing the fine-tooth-comb work the Senate didn’t do, inviting testimony to learn the consequences of some of the far-reaching proposals in the bill.

It’s unclear what final shape the bill will have leaving the House. A Senate-House deal is rumored. If the House makes few substantive changes to the Senate bill, the Senate will begin work on a same-sex marriage bill. What is clear is that the legislative leadership wants a sex bill passed and on the governor’s desk before the Town Meeting break (which begins March 2).

Testimony we’ve presented to the House Judiciary Committee on S. 13 is on our Web site (Memo 1 and Memo 2).

Support for a same-sex marriage bill was strong Friday during “Visibility Day” at the Statehouse. Lobbying began early in the morning and led to a packed rally mid-day in the Cedar Creek Room.

The speakers addressing the crowd were eloquent, speaking from the heart and noting the broad support (60 sponsors) of a House same-sex marriage bill.

A meeting with the governor was less than conclusive. But increasingly it’s felt that although Douglas may not sign a marriage bill, he won’t veto one, either. His political base may be urging a veto, but a respectable majority of Vermonters feel it’s time to move from civil unions to marriage. The governor has to calculate the risk of coming down on the wrong side of the issue.

Now is the time to contact your representatives and senators to urge movement on gay marriage. Were the Legislature to pass a bill that survived gubernatorial review, Vermont would become the first state in the country to enact same-sex marriage without a court order. We could once again lead on a crucial civil rights issue at a time when marriage equality efforts need a boost.

Contact information for legislators can be found at the legislative home page on the Web.

Between these e-updates, watch the Civil Liberties Journal feature on the ACLU-VT home page for civil liberties news, including legislative actions.

ACLU Sues Over Teaching Of Religion In Irasburg School

The American Civil Liberties Union Foundation of Vermont has filed a lawsuit against the Irasburg School District for a teacher’s religious proselytizing and retaliation against students who complained of his actions.

The suit was filed in U.S. District Court on behalf of Irasburg parents Robin and Robert Voitle and Melvin and Anne Downs, and their children.

Named as defendants are the teacher who subjected the students to the religious indoctrination, Wally Rogers; as well as the Irasburg Village School principal, Paul Simmons; the Irasburg School District, and the Orleans Central Supervisory Union.

The officials supervising Rogers failed to correct the teacher’s behavior when asked to do so by the plaintiffs, despite abundant notice of Rogers’ longtime practice of proselytizing in the classroom.

The lawsuit asks the court to declare that the defendants’ actions violated the plaintiffs’ First Amendment right against the establishment of religion and the Fourteenth Amendment right of parents to direct the religious upbringing of their children.

The suit asks the court for injunctive relief, barring the defendants from teaching religion in a public school or spending public money on religious items. Damages are being sought to cover the costs the plaintiffs have borne as a result of the defendants’ failure to stop the illegal activities at the school.

Representing the plaintiffs are ACLU Foundation of Vermont cooperating attorneys A. Jeffry Taylor of Abatiell Associates, P.C. in Rutland, and Antonio Pyle of Antonio Pyle, P.C. in Stowe, as well as ACLU Foundation of Vermont staff attorney Dan Barrett. The lawsuit is captioned Voitle v. Rogers, docket number 09-cv-32; access a copy of the complaint here.