Opinion

Important hearings scheduled

Monday, March 11, 2013

This week I would first like to say thank you to all of you who stopped by the Capitol while in Lincoln for the Girls and Boys State Basketball Tournaments. It is always a great opportunity to meet and catch up with people from the district. If you are in Lincoln for any reason, please feel free to stop in my office.

I would like to focus on a few important hearings that will be held in the Judiciary Committee on March 12 and 14. These proposed bills, which I do not support, would impact local control and parental rights; remove the ability for the state to do what is in the best interest of a child who is a ward of the state, interfere with freedom of religion, freedom of speech of employers to make informed decisions on the character of an employee or applicant, create a new protected class which does not meet the court standards of a protected class.

March 12 is the hearing for LB619, which would mandate state curriculum for sexual health education. Currently, sex education curriculum is decided at the local level; I want to keep it that way. These are very personal issues where parents need to have easy access to those deciding the curriculum. A one-size-fits-all approach from the state down is not the best approach for this subject. This bill also adds sexual orientation discrimination language.

On March 14, three other bills will be heard in the Judiciary Committee dealing with discrimination based on sexual orientation; the bill are LB380, LB385, and LB485.

LB380 and LB385 deal with adoption and foster care respectively. LB380 would allow any two persons regardless of their marital status to adopt in Nebraska. In other words, any cohabiting persons, whether they're heterosexual or homosexual. I believe this flips our current policy on its head, let alone going against the overwhelming research in the social sciences concluding that children do best in almost every category when they have a father and a mother who are married. Currently, the policy in the state is what is in the best interest of the child, not what are the desires of the adult(s).

LB385 pertains to placements for foster children. The bill states that when determining the suitability of out-of-home placements in Nebraska, Health and Human Services cannot "discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, disability, marital status, or national origin." Again, this turns our current policy on its head. Instead of "in the best interest of the child," the decision shall be made "based upon the health, safety, and well-being of the child." I believe this also works against the "Through the Eyes of a Child" initiative in our courts to improve outcomes for children that are best for them.

Finally, LB485 would make sexual orientation and marital status protected classes in our employee discrimination statutes. A protected class is required to meet three test according to U.S. Supreme Court; the class is determined by immutable characteristics, political powerlessness, and economic deprivation. None of these are met. Nor is there a long historical and cultural tradition like freedom of religion. This is an attempt to make behavior, homosexuality, normal when it is abnormal to silence those who disagree and have traditional or religious beliefs that treat homosexuality as a character issue.

If you have any questions or comments, contact my office. Mark R. Christensen, PO Box 94604, Lincoln, NE 68509. 402-471-2805 or mchristensen@leg.ne.gov.

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