printer friendly format sponsored by:
The New Media Department of The Post and Courier

SUNDAY, JUNE 05, 2005 12:00 AM

'Sin issues' dominate legislative session

Lawmakers discuss validity of this term's morality proposals

BY BRIAN HICKS
Of The Post and Courier Staff

Seems like all they talked about at the Statehouse this year was drinking, smoking, gambling, cussing and fighting chickens.

And that wasn't just when they were recounting the previous night's party.

Time was, lawmakers spent most of their time divvying up the state budget and finding new and creative ways to punish criminals. This session, they were consumed by "sin issues."

While many lawmakers said they were giving the people what they want, others said they were trying to legislate morality. A few Republicans said their party, which stands on a platform of limiting government, is as much to blame as anyone.

"I call them the Social Republicans. They join with the Social Democrats to dictate people's conduct," said Senate President Pro Tem Glenn McConnell. "They want limited government until someone's conduct is not what they like -- and then they are all for Big Nanny government."

McConnell said the General Assembly this year took a dangerous step onto the slippery slope of eroding personal freedom. He argued that a primary seat-belt law amounted to micromanaging people's lives, while proponents said they only wanted to save lives. The Charleston Republican said if something doesn't endanger other people, the government should stay out of it.

He also fought to kill a bill that would force teenagers caught with tobacco to appear in magistrate court. Such a law would only clog already overtaxed courtrooms, he said.

In many ways, South Carolina reflects the nation. Moral issues dominate national politics; they're a factor in the judicial filibuster fight in Congress. The gay marriage ban that took up hours of debate this year has been a hot-button issue across the country, on the ballot in a dozen states last year alone.

Outgoing House Speaker David Wilkins said there were no more morality issues debated in the Legislature in the just-ended session than in years past, but there is a greater focus on them."I don't think you can separate moral issues from the political system," said Wilkins, R-Greenville. "Those are issues that people care about. You can call them moral, but they are mainstream issues today."

Indeed, some of these bills were direct reactions from the public. Several communities asked for a law to curb casino boat gambling. And just last year, the public gave the General Assembly the power to toss mini-bottles in favor of free-pour liquor in bars and restaurants.

State Rep. Ralph Davenport sponsored a right-to-life bill that would have given rights to a fetus at the moment of conception. Davenport said the bill was born from an incident in which a pregnant crime victim lost her baby, yet no criminal charges were filed in the death of the child.

Critics said Davenport is trying to chip away at abortion rights, but he said he is only doing the will of his constituents.

"In my district, it's middle-class, black and white, and pretty religious," said Davenport, R-Boiling Springs. "They are in church every time the doors are open. They are interested in kids, schools and the right to life. We wanted to grant personhood rights at conception. South Carolina is a pro-life state. If there wasn't support for it in the community, it wouldn't get to the floor."

Davenport's bill passed the House, but remained tucked away in a Senate committee. That's because some lawmakers think such issues are only meant to stir up conservatives.

The gay marriage ban is the proof for these critics, who note that the Legislature spent hours debating a law against something that is already illegal in the state.

"That's the strategy of Republicans -- keep the natives restless on silly issues so they can do what they want to do on the important stuff," said Sen. Robert Ford, D-Charleston. "You can always get people upset on moral issues."

Ford said there's nothing wrong with trying to legislate etiquette, however. He sponsored a bill to outlaw profanity in public places, an attempt to make sure Charleston remains the most polite city in America.

That's where the line lies, some say, somewhere on the slope between private lives and public behavior. State Rep. John Graham Altman said there is no way to legislate morality, "but you can legislate conduct."

"The Legislature has not gone out and dreamed up these issues, in any case -- a lot of them are thrust on us," said Altman, R-Charleston. "People always want to push the envelope on ethical issues, and sometimes the law has to stand sentinel and make sure things don't get too far out of hand."

Many lawmakers believe the General Assembly is struggling to find its way on moral issues, and sometimes overreaches.

Sen. Clementa Pinckney, a minister, believes there should be more separation of church and state.

"I believe teaching morality and ethics should be done in the churches, synagogues and mosques," said Pinckney, D-Ridgeland. "I think government and the church intersect on some moral issues. I think poverty is a moral issue, and so is education. But I don't think posting the Ten Commandments will make people obey them. They should be posted in our hearts."

But then, many legislators concede such issues are meant to grab headlines more than change public policy. Why else would a bill to strengthen penalties against cockfighting get more attention than a proposal to more stringently punish domestic violence?

And why would lawmakers push so hard for a primary seat belt law for safety's sake in a state that doesn't even require motorcyclists to wear helmets.

"We're walking a fine line of being overly intrusive," said House Majority Leader James Merrill, R-Daniel Island. "So many people up here get legislation-happy."


This article was printed via the web on 6/6/2005 10:17:32 AM . This article
appeared in The Post and Courier and updated online at Charleston.net on Sunday, June 05, 2005.