Senator Cedric Hayden (R-Fall Creek) files religious discrimination complaints on sixth day of Oregon Senate walkout. Senator Hayden, aka Pastor Hayden is an occasional preacher and member of the Seventh Day Adventist, which meets for worship on Saturdays.

Senate President Rob Wagner (D-Lake Oswego) denied Hayden’s request to be absent for church on Saturday where he was scheduled to preach, as well as requests to be off the next seven Saturdays of the legislative session for “duties scheduled as elder of my church.”

“Other Senate absences have been excused, absences unrelated to religious reasons,” Hayden wrote in his complaint to the bureau. Hayden also complained he was denied Sunday off to take care of his disabled daughter, a request that was “flatly denied.”

Hayden noted, “Meanwhile, other legislators have been treated like employees and ‘excused’ from floor sessions by Wagner for apparent medical reasons.”

His complaint to the Bureau of Labor and Industries and to the Legislative Equity Office claims President Rob Wagner violated his religious freedom by denying his requests to be excused to attend a church service on Saturday. Wagner denied the request without any written explanation. Hayden has previously been granted Saturday absences throughout his legislative career.

Hayden wrote, “The receipt did not indicate the rationale for being denied the fundamental right to attend and lead the worship services of my church as Saturday is my known day of faith. Notice was given by my staff twice earlier in April that it is my practice that, absent an emergent need to be away from my church duties on a Saturday, my faith is a sincerely held religious belief, and my attendance of worship and time off for such is a valid reason for an excused absence.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

The walkout is a protest over the lack of following rules, laws and the constitution. Wagner’s spokesman, Connor Radnovich told Oregon Capital Chronicle that the First Amendment doesn’t hold weight in a walkout. “This isn’t about religion, this is about this being a walkout. If we were able to get the work done on Wednesday and Thursday and Friday, we would not have to be here on Saturday.”

Is Senate President Wagner using Measure 113 as an excuse to break the law? Oregon Constitution Article IV, Section 15. Punishment and expulsion of members. Either house may punish its members for disorderly behavior, and may with the concurrence of two thirds, expel a member; but not a second time for the same cause. Failure to attend, without permission or excuse, ten or more legislative floor sessions called to transact business during a regular or special legislative session shall be deemed disorderly behavior and shall disqualify the member from holding office as a Senator or Representative for the term following the election after the member’s current term is completed.

The requirement of “permission or excuse” is one or the other. One is aimed at permission from legislative authority. But the other seems self regulation by the person. An “excuse” option is the legislator’s reason or justification for the absence that doesn’t need preauthorization, just grounds for the absences. Certainly a constitutional religious right would be justification needing no authorization. Perhaps challenging illegal procedures is also justification for absences needing no authorization.


--Donna Bleiler

Post Date: 2023-05-13 00:00:58

Last Update: 2023-05-13 00:18:40