Lawmakers in Arkansas and Indiana passed legislation Thursday that they hoped would quiet the national uproar over new laws that opponents charge are intended to provide a legal defense for discrimination against gays.
The Arkansas House voted 76-17 to pass a revised bill after Republican Gov. Asa Hutchinson asked for changes in the wake of mounting criticism. Hutchinson signed it only moments after the vote, saying the new version recognizes that “we have a diverse workforce and a diverse culture.”
In Indiana, Gov. Mike Pence quickly approved revisions by that state’s House and Senate a law he had signed last week.
“Over the past week, this law has become a subject of great misunderstanding and controversy across our state and nation,” Pence, a Republican, said in a statement. “However we got here, we are where we are, and it is important that our state take action to address the concerns that have been raised and move forward.”
The Arkansas measure is similar to a bill sent to the governor earlier this week, but Hutchinson said he wanted it revised to more closely mirror the narrower provisions of a 1993 federal law. Supporters of the compromise bill said it addresses concerns that the original proposal was discriminatory.
The Indiana amendment prohibits service providers from using the law as a legal defense for refusing to provide goods, services, facilities or accommodations. It also bars discrimination based on race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity or U.S. military service.
The measure exempts churches and affiliated schools, along with nonprofit religious organizations.
Indiana House Speaker Brian Bosma said the law sends a “very strong statement” that the state will not tolerate discrimination.
Business leaders, many of whom had opposed the law, called the amendment a good first step but said more work needs to be done. Gay-rights groups noted that Indiana’s civil-rights law still does not include LGBT people as a protected class.
Democratic leaders said the amendment did not go far enough and repeated their calls to repeal the law.
“I want to hear somebody say we made a grave mistake, and we caused the state tremendous embarrassment that will take months, if not years, to repair,” House Minority Leader Scott Pelath said. “I want to hear one of the proponents ‘fess up.”
In Arkansas, the lawmaker behind the original proposal backed the changes, saying he believed it would still accomplish his goal of protecting religious beliefs.
“We’re going to allow a person to believe what they want to believe without the state coming in and burdening that unless they’ve got a good reason to do so,” Republican Rep. Bob Ballinger told the House Judiciary Committee.
Like Pence, Hutchinson has faced pressure from the state’s largest employers, including retail giant Wal-Mart. Hutchinson noted that his own son, Seth, had signed a petition urging him to veto the bill.
After Hutchinson signed the compromise bill, the House voted to recall the original proposal from his desk. Conservative groups said they would have preferred Hutchinson sign the original bill, but they grudgingly backed the replacement.
The revised Arkansas measure, unlike the original, only addresses actions by the government, not by businesses or individuals. Supporters said that would prevent businesses from using it to deny services to individuals. Opponents said they believed the measure still needs explicit anti-discrimination language like that in the revised Indiana law.
The revised bill also faced opposition from Republicans frustrated over the governor’s request for changes to a proposal he had initially planned to sign.
“I, for one, do not appreciate someone hiding behind this body when they’re unwilling to take a stand one way or the other,” Republican Rep. Josh Miller of Heber Springs said.
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