House Bill 15-1161

First Regular Session
Seventieth General Assembly
STATE OF COLORADO
INTRODUCED
HOUSE BILL 15-1161
LLS NO. 15-0628.01 Esther van Mourik x4215
HOUSE SPONSORSHIP
Klingenschmitt, Neville P., Lundeen, Humphrey, Dore, Van Winkle, Landgraf, Buck,
Everett, Rankin, Saine
SENATE SPONSORSHIP
(None), Crowder, Grantham
House Committees
Senate Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT

101
CONCERNING
THE PROTECTION OF A PERSON'S FIRST AMENDMENT
102
RIGHTS IN THE ENFORCEMENT OF PUBLIC ACCOMMODATIONS
103
LAWS, AND, IN CONNECTION THEREWITH, PROTECTING A
104
PERSON'S RIGHT TO NOT BE INVOLUNTARILY COMPELLED IN
105
SPEECH, ACTS OF ARTISTIC EXPRESSION, OR ACTS OF RELIGIOUS
106
EXPRESSION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://www.leg.state.co.us/billsummaries.)
The bill specifies that neither the civil rights division, the civil
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.
rights commission, nor a court with jurisdiction to hear civil actions

brought under the public accommodations laws may compel involuntary
speech or acts of involuntary artistic expression or involuntary religious
expression by a person when such speech or acts of artistic or religious
expression would lead to that person directly or indirectly participating in,
directly or indirectly supporting, or endorsing or impliedly endorsing an
ideology, ceremony, creed, behavior, or practice with which the person
does not agree.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that the United States supreme court has ruled
on multiple occasions that governments may not compel involuntary
speech:
(a) In 1940, the court announced its 8-1 opinion in Minersville
School District v. Gobitis, 310 U.S. 586 (1940), upholding a Pennsylvania
school district's decision to expel three Jehovah's Witnesses who refused
to salute the flag. The court's decision was criticized by Eleanor
10
Roosevelt and over one hundred seventy newspaper editorialists. Then,
11
just a few years later in West Virginia v. Barnette, 319 U.S. 624 (1943),
12
the court reversed itself and ruled 6-3 that West Virginia's decision to
13
expel students who refused to salute the flag violated the first
14
amendment. Justice Jackson's opinion for the Court saw inconsistency in
15
an interpretation of the first amendment that "guards the individual's right
16
to speak his own mind, but left it open to public authorities to compel him
17
to utter what is not on his mind."
18
(b) In 1976, the United States supreme court considered another
19
compelled speech claim in Wooley, Chief of Police of Lebanon v.
20
Maynard, 430 U.S. 705. This case was brought by a New Hampshire
21
couple who had three times been prosecuted for covering up the motto
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HB15-1161
"Live Free or Die" on their New Hampshire license plate. The Maynards
objected on religious grounds to the ideological message conveyed on the
state license plates. Writing for the court, Chief Justice Burger enjoined
enforcement against the Maynards of New Hampshire's law prohibiting
the obscuring or defacing of license plates because that invaded the
Maynards' first amendment rights.
(2) The general assembly further finds and declares that the
religious freedom section in the Colorado bill of rights, section 4 of
article II of the state constitution, specifies that "[n]o person shall be
10
required to attend or support any ministry or place of worship, religious
11
sect or denomination against his consent."
12
(3) Now, therefore, it is important that the state of Colorado
13
recognize and further implement the rights already granted to people of
14
diverse ideologies, to not be involuntarily compelled by the government
15
to speak or express art or religion against their consent.
16
17
SECTION 2. In Colorado Revised Statutes, 24-34-302, add (3)

as follows:
18
24-34-302. Civil rights division - director - powers and duties.
19
(3)
20
RESPECT TO DISCRIMINATORY PRACTICES DESCRIBED IN PART
21
ARTICLE, THE DIVISION MAY NOT COMPEL INVOLUNTARY SPEECH,
22
INVOLUNTARY ACTS OF ARTISTIC EXPRESSION, OR INVOLUNTARY ACTS OF
23
RELIGIOUS EXPRESSION BY A PERSON WHEN SUCH SPEECH, ACTS OF
24
ARTISTIC EXPRESSION, OR ACTS OF RELIGIOUS EXPRESSION WOULD LEAD
25
TO THAT PERSON DIRECTLY OR INDIRECTLY PARTICIPATING IN, DIRECTLY
26
OR INDIRECTLY SUPPORTING, OR ENDORSING OR IMPLIEDLY ENDORSING AN
27
IDEOLOGY, CEREMONY, CREED, BEHAVIOR, OR PRACTICE WITH WHICH THE
NOTWITHSTANDING
THE DIVISION'S POWERS AND DUTIES WITH
-3-
6 OF THIS
HB15-1161
1
2
3
4
PERSON DOES NOT AGREE.

as follows:
24-34-305.
Powers
and
duties
of
commission.
(5) NOTWITHSTANDING THE COMMISSION'S POWERS AND DUTIES WITH
RESPECT TO DISCRIMINATORY PRACTICES DESCRIBED IN PART
ARTICLE, THE COMMISSION MAY NOT COMPEL INVOLUNTARY SPEECH,
10
11
12
13
14
15
16
6 OF THIS

as follows:
17
24-34-602. Penalty and civil liability. (4) NOTWITHSTANDING
18
THE COURT'S POWER TO FIND A VIOLATION AND ORDER A FINE PURSUANT
19
TO THIS PART
20
21
22
23
24
25
26
27
6, THE
SECTION 5.
COURT MAY NOT COMPEL INVOLUNTARY SPEECH,
Act subject to petition - effective date -
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HB15-1161
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 5, 2015, if adjournment sine die is on May 6,
2015); except that, if a referendum petition is filed pursuant to section 1
(3) of article V of the state constitution against this act or an item, section,
or part of this act within such period, then the act, item, section, or part
will not take effect unless approved by the people at the general election
to be held in November 2016 and, in such case, will take effect on the
date of the official declaration of the vote thereon by the governor.
10
11
(2) This act applies to actions filed on or after the applicable

effective date of this act.
-5-
HB15-1161

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First Regular Session

Seventieth General Assembly

LLS NO. 15-0628.01 Esther van Mourik x4215

State, Veterans, & Military Affairs

A BILL FOR AN ACT

THE PROTECTION OF A PERSON'S FIRST AMENDMENT

RIGHTS IN THE ENFORCEMENT OF PUBLIC ACCOMMODATIONS

LAWS, AND, IN CONNECTION THEREWITH, PROTECTING A

PERSON'S RIGHT TO NOT BE INVOLUNTARILY COMPELLED IN

SPEECH, ACTS OF ARTISTIC EXPRESSION, OR ACTS OF RELIGIOUS

Capital letters indicate new material to be added to existing statute.

rights commission, nor a court with jurisdiction to hear civil actions

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Legislative declaration. (1) The general assembly

on multiple occasions that governments may not compel involuntary

(a) In 1940, the court announced its 8-1 opinion in Minersville

School District v. Gobitis, 310 U.S. 586 (1940), upholding a Pennsylvania

school district's decision to expel three Jehovah's Witnesses who refused

to salute the flag. The court's decision was criticized by Eleanor

Roosevelt and over one hundred seventy newspaper editorialists. Then,

amendment. Justice Jackson's opinion for the Court saw inconsistency in

an interpretation of the first amendment that "guards the individual's right

to utter what is not on his mind."

(b) In 1976, the United States supreme court considered another

compelled speech claim in Wooley, Chief of Police of Lebanon v.

objected on religious grounds to the ideological message conveyed on the

enforcement against the Maynards of New Hampshire's law prohibiting

the obscuring or defacing of license plates because that invaded the

Maynards' first amendment rights.

religious freedom section in the Colorado bill of rights, section 4 of

article II of the state constitution, specifies that "[n]o person shall be

required to attend or support any ministry or place of worship, religious

sect or denomination against his consent."

(3) Now, therefore, it is important that the state of Colorado

recognize and further implement the rights already granted to people of

diverse ideologies, to not be involuntarily compelled by the government

to speak or express art or religion against their consent.

SECTION 2. In Colorado Revised Statutes, 24-34-302, add (3)

24-34-302. Civil rights division - director - powers and duties.

RESPECT TO DISCRIMINATORY PRACTICES DESCRIBED IN PART

ARTICLE, THE DIVISION MAY NOT COMPEL INVOLUNTARY SPEECH,

INVOLUNTARY ACTS OF ARTISTIC EXPRESSION, OR INVOLUNTARY ACTS OF

RELIGIOUS EXPRESSION BY A PERSON WHEN SUCH SPEECH, ACTS OF

ARTISTIC EXPRESSION, OR ACTS OF RELIGIOUS EXPRESSION WOULD LEAD

TO THAT PERSON DIRECTLY OR INDIRECTLY PARTICIPATING IN, DIRECTLY

OR INDIRECTLY SUPPORTING, OR ENDORSING OR IMPLIEDLY ENDORSING AN

IDEOLOGY, CEREMONY, CREED, BEHAVIOR, OR PRACTICE WITH WHICH THE

THE DIVISION'S POWERS AND DUTIES WITH

PERSON DOES NOT AGREE.

SECTION 3. In Colorado Revised Statutes, 24-34-305, add (5)

(5) NOTWITHSTANDING THE COMMISSION'S POWERS AND DUTIES WITH

RESPECT TO DISCRIMINATORY PRACTICES DESCRIBED IN PART

ARTICLE, THE COMMISSION MAY NOT COMPEL INVOLUNTARY SPEECH,

INVOLUNTARY ACTS OF ARTISTIC EXPRESSION, OR INVOLUNTARY ACTS OF

RELIGIOUS EXPRESSION BY A PERSON WHEN SUCH SPEECH, ACTS OF

ARTISTIC EXPRESSION, OR ACTS OF RELIGIOUS EXPRESSION WOULD LEAD

TO THAT PERSON DIRECTLY OR INDIRECTLY PARTICIPATING IN, DIRECTLY

OR INDIRECTLY SUPPORTING, OR ENDORSING OR IMPLIEDLY ENDORSING AN

IDEOLOGY, CEREMONY, CREED, BEHAVIOR, OR PRACTICE WITH WHICH THE

PERSON DOES NOT AGREE.