http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=70413

Christian group sues governor over discrimination order
 
By BETH DeFALCO
Associated Press Writer
07/30/2003
 
PHOENIX (AP) -- Three Republican legislators and a Christian group
challenged an executive order barring employment discrimination based on
sexual orientation in some state agencies. 
The group that filed the challenge in the Arizona Supreme Court argues
Democratic Gov. Janet Napolitano overstepped her authority and is
legislating through executive order. 

"The governor has demonstrated that her style of leadership is not by
example, but by legislation," said Rep. John Allen, a Scottsdale
Republican and one of three state legislators involved in the suit, filed
by the Scottsdale-based Alliance Defense Fund. 

Napolitano announced the executive order last month at an event held by
the Arizona Human Rights Fund, a gay and lesbian advocacy group. 

The order applies only to state agencies under her control. It does not
apply to private employers, state universities or state agencies under
the control of the Legislature or the courts. 

The group argues the governor reached into legislative authority by
setting employment policy and, in effect, made new law. 

 

Tim Nelson, Napolitano's general counsel, says the executive order does
not make new law because it only applies to those agencies under the
governor's authority. 

"Going back almost 30 years, the governor has issued orders related to
employment in the executive branch," he said. 

Paul Eckstein, a constitutional attorney in Phoenix who isn't involved in
the case, called the lawsuit "frivolous" and said Napolitano is likely to
win. 

"She's perfectly justified," he said. "She has control over hiring in
executive departments." 

The Alliance Defense Fund describes itself on its Web site as a "unique
Christian legal organization that works to protect and defend traditional
family values, religious freedom and the sanctity of life." 

Rep. Andy Biggs and Sen. Thayer Verschoor, both R-Gilbert, also are
plaintiffs in the lawsuit. 

Kathie Gummere, spokeswoman for the Arizona Human Rights Fund, said it
was no surprise that the Alliance Defense Fund filed the case. 

"They file these suits everywhere, they're anti-gay," Gummere said. 

In addition to fighting the executive order, the group filed a brief last
week to intervene with a state Court of Appeals case by two Phoenix men
trying to get a marriage license. Arizona laws ban homosexual marriages. 

Last year, the Alliance Defense Fund helped overturn a Philadelphia law
that recognized same-sex "life partnerships," granting benefits to
same-sex partners of city employees. A state court ruled that the 1998
city ordinance usurped the power of the state to regulate marriage. 

Arizona lawmakers have defeated legislation several times that would have
included sexual orientation in anti-discrimination laws, including three
bills in 2001 and another proposal that died in the House last year. 

"If you eliminate the executive order," Gummere said, "you're saying you
do want people to be discriminated against based on sexual orientation." 

------

Just like what Nazi Germany did to the Jews, so liberal America is now
doing to the evangelical Christians. It's no different. It is the same
thing. It is happening all over again. It is the Democratic Congress, the
liberal-based media and the homosexuals who want to destroy the
Christians. Wholesale abuse and discrimination and the worst bigotry
directed toward any group in America today. More terrible than anything
suffered by any minority in history.
-- Pat Robertson
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