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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (March 25, 1980)
tuesday, march 25, 1980 jily nebraskan paged Opponents of bills have legislative edge Kelly By Julie Bird Before Grand Island Sen. Ralph Kelly Anally got LB221 passed, much to the con sternation of many UNL freshmen, the bill was subjected to nearly every move allow cd by the rules of the Legislature. TTie result was a watered-down version Church ... Continued from Page 4 The conflict is many-sided, both as a religious and social issue. The property rights of the local congregations, who raised the money to build the church, are pitted against the doctrinal rights of national' synods and associations, who determine the organization of churches. The right of people to believe as they wish, even about church buildings, is pitted against the court's mission to protect pro perty rights and freedom of association. It appears the Court has directly con tradicted an article of faith in a religion, which is a violation of the separation be tween church and state. Besides not encouraging any particular group of be liefs, the government is interdicted from discouraging any. Yet courts have intervened in matters of belief, most notably by issuing an in junction against snake-handling in West Virginia. The line drawn between what people believe and the way they can act on those beliefs is constantly under con tention, since it is the interface between faith and society at large. Almost every church in this country is evangelical, dedicated to bringing new members into the organization. The man ners and methods it uses in pursuit of this belief are a fit subject for governmental rulings, both in the courts and legislatures. The recent ruling by the ASUN Stu dent Court on the Josh McDowell speech in the Nebraska Union is a comment on of Kelly's original plan to raise the legal minimum drinking age to 21. Kelly was, to an extent, at the mercy of his opponents. Part of Kelly's problem was that solid support for his bill wavered just below the 25 votes needed to whisk it through the steps every bill must climb to become law. this interface. University policy forbids the use of university facilities to promote any particular religion. This is no comment on the beliefs themselves, but it states that this government agency .cannot, even indirectly, promote on religious belief. Yet, by denying an evangelical faith the ability to propound and advertise their beliefs is an attempt to gain new members, this policy, like the Supreme Court's ruling, contradicts an article of religious faith. Whether by benign neglect or by direct interference, the state has once again come into conflict with religion and, as usual, religion loses. But the harried balancing act between civil rights goes on. Does the freedom of speech allow a violation of the separation of church and state, part of freedom of religion? Is the freedom from unlawful seizure of property outweighed by free dom of association and the rules of that association? The Supreme Court, like the Student. Court, has ruled that social realities take priority over religious reality. The Stu dent Court ruled that even tacit acceptance of one religion over another is unbecoming to the system of government practiced in this country. The Supreme Court ruled that even tacit acceptance of church doctrine that violates common law property rights is unbecoming to the social system practiced in this nation. Religion has its uses, but freedom has many more. 33 Off Retail on new spring samples featuring dresses, skirts, shorts, tops, and jeans by Jantzen, Collage, Ship n' Shore, Beaujolias, Salant, Chago, and more. !q your enfiro spring mi summer wardrobe W017 find SAVE! Monday, March 24 10:00 am - 8:00 pm Tuesday, March 25 10:00 am - 6:00 pm mim house tOih & 0 St. VISA' CJ I lis opponents, on the other hand, didn't have a firm 25 votes either, and couldn't kill the bill. Those few senators who straddled the fence became the subjects of intense legis lative maneuvering, because they were the ones who ultimately would decide whether Nebraska's 19-year-olds would soon be tak- ing their last legal drink. Amended to death Subsequently, Kelly watched as his bill was amended almost beyond recognition by measures to restrict off-sale liquor pur chases but allow on-site consumption (in bars), as well as several other changes. Last year, the bill was filibustered, and the uni cameral became a circus as senators on both sides pulled every trick they knew to try to move or stall the bill. 0gDskGQflo, Finally, LB221 was passed with a "com promise" of raising the age to 20, and Kelly had to take it or leave it. He took it. Kelly said he feels that the majority of the tools of the Legislature are in the hands of the opponents of a bill, and those peo ple, with minimal support, can effectively paint the introducer into a corner and leave him there until the paint dries. - The problem, Kelly said, is that oppon ents need only a simple majority of those present to amend a bill. Actually, an amendment needs 25 votes, but an amend ment to the amendment needs the majority vote of those present. Confusion Sound confusing? It is, especially when coupled with the other motions legislators can make. And the list is complicated motions to stop debate or overrule the presiding officer or change the agenda. Often, the speaker, Sen. Richard Marvel of Hastings, sends the clerk scurrying for the rules to check on how many votes are needed. Fortunately, clerk Patrick O'Donnell is well-versed in the intricate, winding pass ages of the rules book. At any rate, Kelly says that with the ex ception of the motion to reconsider, the introducer of a bill, and possibly the majority of the members, can be at the mercy of a minority who can conceivably amend a bill all day or even all session. Finally, after all that amending, the re sult is a bill that won't work, so it's killed, he said. Or, if it's not killed but still doesn't advance, it goes to the bottom of he pile, which also means death in a Legis lature that is cramped for time. Legislative tools In other words, use of those tools by a skillful legislator can take time and con tinue to stall a bill until finally, with one last, slow, painful gasp, it dies under the weight of all the other legislation piled on top of it. Speaker Marvel said the rules were de signed to protect the minority, which is a necessary part of the democratic system. Besides, Marvel adds, 60 percent of the bills introduced eventually become law, so the majority is not completely stymied. Sen. Tom Vickers of Farnam, a relative newcomer to the legislature, said he sees the rules as fair because the majority is meant to rule. The majority, he adds, can either oppose or support a bill. Kelly isn't bitter, but frustration is understandable for someone who watched his pet project nearly butchered. The "democratic process" is an exercise in futility for some. ILMEllE'lRIIDeiMiT TMOtllKfiFS LADIES $1 cover FREE DRINKS ALL NIGHT LONG! GUYS only 01 COVES! A If olOIUI noin 026 P. St. 475-7409 open at 8.00