Maine Says No To Discrimination, Arizona (Naturally) Says Yes
February 20th, 2014
In a mostly party-line 89-52 vote, the Maine House defeated a bill that would have created a special exemption for those who wish to claim a right to discrimination based on religious beliefs.
While the exemption was supposedly aimed at allowing discrimination against LGBT people and same-sex couples, the bill itself did not provide such narrow grounds for claiming an exemption. Instead, the bill sought to exempt anyone from anti-discrimination laws or any other law or regulation if it would “Constrain or inhibit conduct or expression mandated by a person’s sincerely held religious tenet or belief.” That would include any kind of act, whether its discrimination against a gay couple or an African-American family or a single woman. Two Democrats, Rep Stan Short (Pittsfield) and Steve Stanley (Medway) voted for the measure. Five Republicans — Reps. Michael G. Beaulieu (Auburn), Richards Campbell (Orrington), Aaron Libby (Waterboro), Sharri MacDonald (Old Orchard Beach), Joyce Maker (Calais) — voted to kill the bill.
While Maine’s lawmakers showed their sanity in turning down the bill, Arizona’s lawmakers are working diligently to preserve their state’s reputation for being among the most hostile and retrograde in the nation. House Bill 2153 would provide a similarly broad exemption for religious people by allowing them to “act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.” As Dan Savage describes it in a post titled “It Could Soon Be Legal For Satanists to Discriminate Against Christians in Arizona“:
That’s not the law’s intent, of course. Arizona’s proposed new law, like the ones in Kansas and Idaho, is about legalizing discrimination against gays and lesbians. But in an effort to hide the anti-gay prejudice behind their “religious liberty” bill, Arizona lawmakers have worded it so vaguely that it empowers anyone of any faith to discriminate against anyone for any reason—provided, of course, that the person doing the discriminating remembers to cite their sincerely held religious beliefs as a justification.
It also adds a new element of discrimination into the law: atheists would have no grounds to claim protection for refusing to serve gay people in a restaurant or rent to Latinos or hire Jews. This law and others like it carve out a special privilege available to religious people only.
An identical bill sailed through Arizona’s Senate last Wednesday in a 17-13 party-line vote. And true to form, the Arizona House passed the measure in another 33-27 vote. Republicans Rep. Kate Broohy McGee (Phoenix), Heather Carter (Cave Creek), and Ethan Orr (Tucson) voted no. It will now land on Republican Gov. Jan Brewer’s desk by nightfall.
Mother Jones reports that these rash of bills are hitting state legislatures in rapid succession:
Republicans lawmakers and a network of conservative religious groups has been pushing similar bills in other states, essentially forging a national campaign that, critics say, would legalize discrimination on the basis of sexual orientation. Republicans in Idaho, Oregon, South Dakota, and Tennessee recently introduced provisions that mimic the Kansas legislation. And Arizona, Hawaii, Ohio, Oklahoma, and Mississippi have introduced broader “religious freedom” bills with a unique provision that would also allow people to deny services or employment to LGBT Americans, legal experts say.
The Arizona and Idaho bills were brought forward by state policy organizations associated with CitizenLink, a Focus On the Family affiliate. Others, like the Kansas bill, were crafted by the American Religious Freedom Program, which is part of the Ethics and Public Policy Center.
The sponsor of the Tennessee bill withdrew it yesterday, while lawmakers in Idaho, Kansas, South Dakota turned back measure in their states. This came on the same day that the Kansas Senate president announced that her chamber would not consider a discrimination exemption bill that had passed the House earlier. The Kansas version was perhaps the broadest bill of all, as it would have covered all government employees including first responders.