“…quite a carve out.”
Requires the name of the real party in interest to be named in civil actions involving the separation of church and state unless the party in interest is a minor
Sponsor: Billington, Hardy (152)
Proposed Effective Date: 8/28/2019
LR Number: 1693H.01P
Last Action: 04/03/2019 – Perfected with Amendments (H)
Bill String: HB 728
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR PERFECTION – INFORMAL
1/29/2019 H 363 Introduced and Read First Time (H)
1/30/2019 H 377 Read Second Time (H)
2/07/2019 H 483 Referred: Judiciary(H)
2/26/2019 Public Hearing Completed (H)
3/05/2019 Executive Session Completed (H)
3/05/2019 Voted Do Pass (H)
3/06/2019 H 860 Reported Do Pass (H) – AYES: 11 NOES: 5 PRESENT: 0
3/06/2019 H 860 Referred: Rules – Administrative Oversight(H)
3/13/2019 Executive Session Completed (H)
3/13/2019 Voted Do Pass (H)
3/14/2019 H 1010 Reported Do Pass (H) – AYES: 5 NOES: 2 PRESENT: 0
4/02/2019 H 1230 Placed on Informal Calendar
4/03/2019 Placed Back on Perfection Calendar
4/03/2019 Taken Up
4/03/2019 Title of Bill – Agreed To
4/03/2019 Perfected with Amendments (H) – HA 1 adopted
This one’s getting a lot of action. Today the Missouri House perfected the bill.
The Committee summary is a piece of work:
PROPONENTS: Supporters say that this would require plaintiffs to be named in cases where people want to sue to remove religious symbols because such plaintiffs currently hide behind unknown names. We need to protect the rights of Missourians and this would make it more fair for religious people because they are currently being singled out. They say they hide behind anonymous names because they fear retaliation from religious people, but religious people in Missouri are not violent. This would treat claimants the same no matter the viewpoint. This will hopefully reduce the number of frivolous lawsuits. Civic leaders have to endure scrutiny so why shouldn’t plaintiffs.
Testifying for the bill were Representative Billington; Concerned Women for America of Missouri; Don Hinkle, Missouri Baptist Convention; Missouri Family Network; and Keith Carnahan, Maranatha Baptist Church.
OPPONENTS: Those who oppose the bill say that people who file these lawsuits often face harassment and threats. This strips judges’ ability to allow plaintiffs to not name themselves. This will put people in danger and it is an attempt to stop only one kind of lawsuit. This would stop people’s ability to bring lawsuits when they think they’ve been wronged. This would also preclude people from exercising their religious rights and filing lawsuits anonymously. The intent is to silence religious minorities, like Atheists.
Testifying against the bill were Ryan Jayne, Freedom From Religion Foundation; James C. McLaurin, Secular Coalition for Missouri; Scott McKellar; American Civil Liberties Union of Missouri; David Rosman; and Eric Wells, American Atheists.
The ultimate in pearl clutching:
“Supporters say that this would require plaintiffs to be named in cases where people want to sue to remove religious symbols because such plaintiffs currently hide behind unknown names…”
Well, yeah, when religious symbols are imposed on others in blatant violation of the Establishment Clause.
“…this would make it more fair for religious people because they are currently being singled out…”
For what? Trying to impose their religious beliefs on everyone else? Just asking. Again, there is the small matter of the Establishment Clause.
“…they fear retaliation from religious people, but religious people in Missouri are not violent.”
Seriously? Someone said that last part with a straight face? It’s just the Agnostics and Atheists then?
HB 728: there’s something about that establishment clause (January 30, 2019)