Report on 2003 Louisiana Legislature: As usual, there were victories and defeats
on moral and social issues
When asked to grade the 2003 session of the Louisiana Legislature in terms
of how it handled moral and social concerns, Ken Ward has to preface his evaluation
with an observation.
When asked to grade the 2003 session of the Louisiana Legislature in terms
of how it handled moral and social concerns, Ken Ward has to preface his evaluation
with an observation.
“You have to remember it is an election, year” said Ward, executive
director of the Louisiana Moral and Civic Foundation. “That moves it up a letter
grade – because for the most part, people tend to be much more sensitive to
expressions of moral and social concerns in election years.”
Having said that, Ward announced his view … C-plus.
“It was better than average,” he said of the session that ended
earlier this summer. “One reason is the election year. But also, I sense a growing
concern among legislators that they may have opened a Pandora’s box with legalized
gambling.
“I also see increasing concern about pornography on the Internet
and alcohol and other issues. And there was responsible action taken on some
issues it just made sense to address, such as passage of a bill outlawing public
sex.”
Of course, it could have been better, Ward acknowledged.
He especially cites his disappointment at how the beverage alcohol
lobby flexed its muscles to defeat a trio of bills that obviously would have
been good – and needed – steps.
“It easily could have been a B if not for that,” Ward said.
As always, the session featured a tidal wave of bills.
Recent reports have focused on a few of the more exotic ones,
such as the measures for naming a state meat pie, a state vegetable, an official
vegetable plant and two state jellies.
For his part, Ward focuses on a range of other areas, all of
which fall under the umbrella of moral and social concerns. It is an annual
practice of the Louisiana Moral and Civic Foundation. Indeed, the organization
entered its 61st year with the 2003 legislative session.
Rather than serve as a lobbying organization, the foundation
seeks to monitor key measures and serve as a channel of communication and analysis
for concerned citizens. It also works to help persons take informed and proactive
stands.
Modern technology also has helped the foundation in its assigned
task, Ward noted. He particularly cited the organization comprehensive Web site
at www.lmcf.org.
“Most people who use the Web site for the first time are literally
amazed to discover that they can view and listen to virtually all of the activities
of the legislature and then communicate directly with those who they have elected
and sent to Baton Rouge to represent them,” he noted.
This year, as in past years, Ward used the Web site and other
tools to monitor a range of bills.
And this year, as in past years, there were victories and defeats.
A look at key areas offers a taste of the session (see accompanying article
for gambling-related bills):
Family
The Baptist Message already has reported on one key measure
related to family. It was signed into law earlier by the governor – and religious
leaders are hoping it will help promote the idea of covenant marriage in the
state.
Louisiana offers two kinds of marriage licenses – a regular
one and a covenant version. The covenant version requires more premarital counseling
and sets much stricter requirements for a couple to divorce.
However, the covenant idea has been slow to gain hold. Some
religious leaders said one problem has been pastors who have shied away from
the covenant version because they were afraid it would open them up to liability
as a counselor should a couple encounter trouble down the road.
In response, the Louisiana Moral and Civic Foundation helped
draft and pass a new law to remove that fear. The law protects a counseling
minister from liability unless it is found their actions or statements were
“maliciously, willfully and deliberately intended to cause harm to, or harass
or intimidate those seeking such counseling.”
However, on a related note, an effort to have the legislature
examine the impact of covenant marriage in Louisiana failed during the recent
session. A House resolution noted a five-year University of Virginia study of
the Louisiana law is nearing completion. It called for a legislative committee
to gather for the purpose of receiving reports on the study. The proposal passed
the House but was not acted on in the Senate.
In addition to those measures, legislators passed a law to allow
for the safe, anonymous relinquishment of a newborn without fear of prosecution.
The purpose is to prevent dangerous abandonment of newborns. The new law sets
out procedures for relinquishment of a child to a care facility, such as a hospital
or police station or crisis pregnancy unit.
Another new law extends some protections offered under domestic
violence law to include victims of dating violence. It defines such violence
as physical or sexual abuse or the commission of a crime against a dating partner.
Meanwhile, a move to address the issue of due process in divorce
proceedings failed. The proposed measure sought to ensure the rights of both
parties in a divorce.
Homosexuality
The issue of homosexuality has gained headline attention in
recent years. In the legislature and courts, this has translated into efforts
to provide protection against discrimination on the grounds of sexual orientation
and to repeal laws against sodomy between consenting adults.
Such was the case this year in the Louisiana Legislature, where
several measures were introduced to prohibit discrimination on the basis of
sexual orientation and gender identity – in general and specifically among students.
Other measures sought to repeal laws that prohibit sodomy. They
would have allowed such activity by consenting adults who act in privacy.
All of the measures failed handily.
Alcohol
When asked if the beverage alcohol lobby flexed its muscles
during the recent legislative session, Ward simply responded, “That’s an understatement.”
One need only consider three issues to confirm the view.
One focuses on a loophole in which persons 18-21 cannot legally
drink but they can enter an establishment that serves alcohol, such as a bar.
Observers say the loophole makes it impossible to impose the no-drinking law.
A second issue relates to a loophole related to the state’s
open-container law. Under current law, drivers of vehicles may not have open
containers of alcohol. However, passengers can – and that makes it difficult
to enforce the law since a driver simply has to hand the container to a passenger.
The third issue addresses driving under the influence laws and
seeks to require persons to take a breathalyzer test if stopped for suspicion
of driving while intoxicated.
All three issues failed – thanks to efforts by the beverage
alcohol lobby, Ward related.
“These are perennial issues, and there is overwhelming support
for these bills,” he noted. “On the surface, anybody can look at those bills
and say: ‘These are no-brainers. You shouldn’t let anyone in a bar if they’re
not allowed to drink. You should be required to take the test, especially since
you have lawyers all over advising people not to submit to it. And when you
can pass a drink to someone else in the car, you know we’re just winking at
the open container law.’
“But the alcohol industry just flexed its muscles on those issues
and got the votes they needed, …” Ward acknowledged. “When you take something
that obvious and are able to defeat it year after year, that’s political strength.”
Even when the alcohol lobby did not seek to use its influence,
the going was tough for reformers.
Ward noted a recent court decision has wreaked havoc on the
longstanding scheme by which areas of the state are considered “wet” (open to
alcohol) or “dry” (closed to alcohol). Essentially, the ruling threatens to
throw open the question in areas all across the state and to render many longtime
“dry” areas suddenly “wet.”
A legislative remedy was proposed to maintain the status quo,
and even the alcohol lobby agreed to it. The proposal easily passed the state
House. However, in the Senate, a lobbyist hired by an outside interest was able
to stop the measure, Ward recounted.
Still, there was one small victory.
Existing law already prohibits establishments that serve alcohol
from being located within 300 feet of a public playground, church, library or
school. A new law extends that prohibition to include full-time daycare centers.
Miscellaneous
A number of other measures addressed issues of concern to many,
Ward noted. These ranged from bills on capital punishment to legislation on
school prayer.
• One measure sought to extend the state ban against human
cloning. The measure failed, which means the ban expired at the end of July.
• A measure to prohibit the state execution of mentally-retarded
persons was approved and signed into law.
• A push for a special election on prayer in public
schools failed. The proposal called for a vote in which Louisianians would be
asked if they favored a national vote on a constitutional amendment allowing
voluntary school prayer.
• A measure outlawing sex “in any public place open to
the public view for the purpose of gaining the attention of the public” was
approved and signed into law.
• A resolution asking the U.S. Congress to ban partial-birth
abortions was approved. The practice relates to a late-term procedure in which
a baby is almost completely delivered before being aborted.
• An effort to establish a moratorium on capital punishment
in the state and study the practice failed.
• Despite a wave of publicity prior to legislative
session, all efforts to establish some sort of school voucher system in Louisiana
failed. Prior to the session, many observers had predicted it was not a question
of if a voucher plan would be established but what kind. However, various concerns
about using public money to allow students to attend private and religious schools
derailed all efforts.
• A measure to expand the obscenity law to include electronic
communications was approved and signed into law. The new law makes it a crime
electronically to communicate pornographic and/or obscene material.
• A move to repeal the law that called for random drug
testing of elected public officials was approved. The testing had come under
fire because of its cost and because many questioned whether it was constitutional.
• A bill to prohibit the sale of video or electronic games
with a “mature” rating to persons under the age of 18 failed.
• A bill to waive the 72-waiting hour period in Orleans
Parish was approved and signed into law. The law is designed to help promote
New Orleans as a sort of Las Vegas in regards to marriage. Ordinarily, persons
cannot be married until 72 hours have elapsed since the issuance of a marriage
license. However, with the waiver, couples can be married immediately in New
Orleans. A business/chapel already has opened on Bourbon Street in the city
to provide quickie marriages.
• A bill that makes ministers mandatory reporters of child
abuse was approved and signed into law. The new law requires clergy, duly-ordained
clerical deacons or ministers, Christian Science practitioners or other similarly-situated
functionaries of a religious organization to report knowledge of child abuse
to authorities. However, it does not require clergy to report when the information
about child abuse is gained during confidential communication that occurs during
the performance of their sacred duties. In those instances, the new law requires
clergy to encourage the confiding person to report the child abuse information
instead.
Some have sounded an alarm regarding the new law, saying it
makes ministers agents of the state. However, Ward counseled patience, noting
the law started out much worse.
In its original form, there was no exception granted for sacred
communication, Ward noted. However, religious leaders worked with legislators
to include such an exception.
He said the bill came as a result of two factors – concern with
child abuse and the sex scandal in the Catholic Church, which has cast suspicion
on all ministers in the eyes of some. He agreed that the impact of the new law
is not fully known and that the key is to monitor it and move to fix any problems.
“If the bill is as threatening as some take it to be, the solution
may be to bring legislation to address those areas as we did with covenant marriage,”
he said. “If there is exposure to the minister, we will bring legislation to
remedy the situation.”
As evaluation of the recent legislative session continues, Ward
also encouraged persons to prepare for upcoming fall elections of state officials
and legislative representatives.
He urged persons to make sure they are registered to vote and
to take steps to make sure they are informed on candidates and on key issues
prior to the elections.
Ward noted that technology now allows individuals to review
voting records on candidates and make informed choices, rather than seek information
from others, who may have a particular bias in how they present a candidate
or issue.
“Literally, for first time ever, you can check every single vote of record
and not depend on some one else with vested interests tell you what a candidate
stands for,” said Ward, adding that the Louisiana Moral and Civic Foundation
stands prepared to help facilitate the search for information.