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Town Officials Add Sexual Orientation Clause via 'Sleight of Hand' Maneuver

By Allie Martin and Jody Brown
March 21, 2003

(AgapePress) - Three residents of one Florida town have filed a lawsuit challenging the validity of a recently adopted town charter which added sexual orientation as a protected category.

Last year, the town council of Montverde, a suburb of Orlando, placed on the ballot for a November election a measure to change the town's charter. The measure asked the following question: "Should the Town of Montverde, Florida, amend its Charter to delete antiquated, outdated clauses, and delete clauses superseded by state law adopted after the 1925 Charter and provide for the mayor to chair Town Council meetings in a nonvoting capacity?"

The measure passed, and the charter was replaced with one that included many changes -- among them, a sexual-orientation nondiscrimination clause.

 
Mat Staver
Mat Staver of Liberty Counsel says several concerned residents realized city officials adopted the new charter illegally. "This is just another method that certain [civic] officials have used or will use, and that is a 'sleight of hand' -- actually trying to slip into place a sexual orientation provision without the citizenry's knowledge," Staver says.

The attorney explains that citizens must receive timely notification of their town's intent to change its charter, and must be sufficiently aware of the changes so they can offer public comment. Staver maintains Montverde's citizens were deceived -- and consequently, three residents have taken legal action, with the assistance of Staver's law firm.

"We're asking the court to issue a ruling which voids this new charter because it was passed improperly," he says. "You can't ask the citizens a question about [deleting] 'outdated and antiquated clauses,' and then put into [the new charter a provision] that adds sexual orientation. It's just simply not permissible under any state law to trick the citizens in that manner."

Staver says when the citizens first raised their concerns to the council, they were met by threats of retaliation from certain council members.

© 2003 AgapePress all rights reserved.

 

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