Ask Ken Ward to evaluate the latest legislative session as far as moral and
social issues are concerned, and he will offer a reality lesson in politics.
Ask Ken Ward to evaluate the latest legislative session as far as moral and
social issues are concerned, and he will offer a reality lesson in politics.
“You have to remember this was the second year of a four-year
term for this group of legislators,” noted Ward, executive director of
the Louisiana Moral and Civic Foundation. “And to be honest, moral and
social concerns usually take a beating in the second year of a term.
“The legislators do not have to run for re-election for
another couple of years, and they figure people will have short memories by
that time in terms of what they do.
“So, we usually face a tough time.”
However, that was not the case this year.
Indeed, set within the context of such political reality, the
recent session of the Louisiana Legislature does not look so bad, Ward suggested.
“We won a few, and we lost a few,” he acknowledged.
“Some good things passed – and some things that did not pass has to
be considered with the good.”
A review of key areas affirms the assessment.
For instance, two key measures were approved that impact abortion.
Both were signed into law.
One of them places abortion facilities under the control of
the state Department of Health and Hospitals. This means that abortion facilities
will have to undergo on-site inspections before they receive a license and are
subject to additional inspections upon renewal of those licenses.
Previously, the facilities were not subject to such rules.
A second abortion bill tightens existing law. It requires that
every infant born alive – even those that survive an abortion – shall
be given immediate medical care.
It also stipulates that when an abortion is medically necessary
after a fetus has reached the point of viability outside the womb, the technique
most likely to preserve the life of the unborn child shall be used. It also
requires a second doctor to be present in such cases in order to provide immediate
care for an infant if necessary.
Of course, when it comes to abortion, the key is whether the
new laws can withstand court challenges, Ward acknowledged. “On this issue,
you have to ask – Did they pass something that will withstand constitutional
muster? As far as these two bills are concerned, I think they did.”
When it comes to alcohol, Ward admitted the only victory is
a delayed one that will lower the blood-alcohol content required for legal intoxication
from 0.1 to 0.08. The move toughens the driving while intoxicated law, but it
does not go into effect until 2003. In addition, it only was passed because
the state stood to lose federal highway monies if it did not tighten the existing
law.
On other alcohol issues, defeats were notable.
Legislators declined to close a loophole on underage drinking.
Current law does not allow persons under 21 to purchase alcohol – but they
can visit places where alcohol is sold, including bars. That makes it impossible
to enforce the law against sale of alcohol to minors, observers say.
Still, legislators rejected a measure that would have prohibited
persons under 21 from visiting such facilities.
Legislators also declined to close a loophole related to the
states open container law. Currently, drivers of vehicles are prohibited
from having an open container of alcohol – but passengers can. Observers
say the problem is a driver simply can hand his container to a passenger if
stopped for a possible violation.
A proposed measure would have prohibited passengers in vehicles
from possessing open containers of alcohol as well. However, legislators declined
to pass it.
“Were sort of fooling ourselves if we even think
we have an open container prohibition when everybody else in the vehicle can
have alcohol except the driver,” Ward said.
Compared to alcohol matters, the issue of family fared better
during the most-recent session.
One new law gives elementary schools the power to develop prevention
and intervention strategies to address violence in schools. The law requires
involvement of parents in the implemented programs as well.
“The legislature recognizes that the introduction of violence
prevention strategies in the early elementary grades may reduce the incidence
of delinquent behaviors in later grades, especially when such programs include
parental involvement,” the approved measure explains.
Another approved measure seeks to establish a program of care
for young children. And yet another requires state officials to explain to marrying
couples the nature and availability of a covenant marriage license, which requires
premarital counseling and makes divorce more difficult.
On a related front, several measures that some observers warned
were part of a homosexual agenda were defeated. These included efforts to decriminalize
oral and anal sex and to ban workplace discrimination based on sexual orientation.
Only one bill passed that some say touches on the homosexual
issue. The approved measure grants “dating partners” the same benefits
given to family and household members under the Protection from Family Violence
Act.
The new law says that “dating partner” refers to
“any person who is or has been in a social relationship of a romantic or
intimate nature with the victim.” The existence of such a relationship
will be determined by its length, type and frequency of interaction between
persons.
Meanwhile, a measure that would have authorized the development
of a booklet to help educate and prepare Louisiana students for marriage was
defeated.
In another key area, Ward noted that anti-gambling advocates
can be relatively pleased with the regular session. Measures that would have
expanded gambling to horse racing facilities and allowed video poker machines
to accept higher denominations of bills all were defeated.
Other measures favorable to gambling also were turned back
during the session, Ward pointed out. And one favorable measure that did pass
was vetoed by Gov. Mike Foster.
The approved bill would have allowed the granting of provisional
licenses for video poker, even before investigation of an application had been
completed.
However, Foster rejected the measure, warning it would “increase
the possibility that unsuitable persons, including convicted felons, could be
operating gaming establishments for some period of time.”
Meanwhile, the state Senate passed a resolution, urging that
the sentiments of a local community be taken into consideration when granting
permission to Indian tribes to open gambling facilities. Currently, the matter
is handled at the federal level, which allows tribes to open facilities as long
as a state has approved some form of gambling.
The process allows tribes to purchase prime land, have it registered
with the federal government and approved for gambling. The resulting facilities
then contract with the state but operate independent of state or federal control.
Two Indian casinos currently operate in Louisiana.
“If were concerned about gambling at all, we cant
continue to allow Indian gambling to go unchecked,” Ward said. “Its
going the wrong way instead of being reeled in.”
Despite the relative inactivity on the gambling front during
the regular session, Ward acknowledged that the industry remains a powerful
one in the state. He cited the preceding special session when legislator approved
a new – and reduced – deal for the land-based casino in New Orleans.
“They flexed their muscles during the special session,”
Ward recounted. “No doubt about it.”
They have plenty of muscles to flex, he added. Indeed, as Louisiana
has become more dependent on gambling revenue, the industry has come to hold
increased influence in the state.
“Thats a real concern,” Ward concluded. “We
dont want to come to the day when were turning to the gambling lobby
on matters of concern in other areas, such as education.
“But theres no denying the gambling industry has
increased in strength and influence. Thats very evident.”
On a final note, legislators also approved a concurrent resolution
that encourages the study of the Bible as an elective in Louisiana public and
private schools – in a manner consistent with federal and state constitutions
and approved academic guidelines.
The resolution notes that the study of the Bible can provide
insight into various fields and “can demonstrate the world views of Americas
founding fathers and the biblical influences on their beliefs about human rights.”
The approved statement also points out that “without imposing the doctrines
of any particular religious sect, such studies can be used to inform the students
of Louisiana of the importance of religion in world and national history.”