TWO VIEWS
“These bills rationalize injustice by pretending to defend something many of us hold dear. They go against the very principles our nation was founded on, and they have the potential to undo decades of progress toward greater equality.”
Apple CEO Tim Cook in a Wall Street Journal op-ed
“This is simply allowing people of faith space to be able to express their beliefs, to have, to be able to be people of conscience. I just think once the facts are established, people aren’t going to see this as discriminatory at all.”
Former Florida Gov. and possible Republican presidential candidate Jeb Bush
Indiana Gov. Mike Pence said Tuesday he wants legislation on his desk by the end of the week to clarify that the state’s new religious-freedom law does not allow discrimination against gays and lesbians.
Meanwhile in Arkansas, lawmakers defied criticism and followed Indiana’s lead to pass a similar law. It now goes to Republican Gov. Asa Hutchinson, who has said he will sign it into law.
Pence defended the Indiana measure as a vehicle to protect religious liberty but said he has been meeting with lawmakers “around the clock” to address concerns that it would allow businesses to deny services to gay customers.
The governor said he does not believe “for a minute” that lawmakers intended “to create a license to discriminate.”
“It certainly wasn’t my intent,” said Pence, who signed the law last week.
But, he said, he “can appreciate that that’s become the perception, not just here in Indiana but all across the country. We need to confront that.”
The Indiana statute prohibits any laws that “substantially burden” a person’s ability to follow his or her religious beliefs. The definition of “person” includes religious institutions, businesses and associations.
Although the legal language does not specifically mention gays and lesbians, critics say the law is intended to protect businesses and individuals who do not want to serve gays and lesbians, such as florists or caterers who might be hired for a same-sex wedding.
In Washington, White House spokesman Josh Earnest said Indiana officials appeared to be in “damage-control mode” following an uproar over the law that includes threats by prominent business interests to reconsider their presence in Indiana.
Earnest also took issue with Pence’s claim that Indiana’s law was rooted in a 1993 federal law. He said the Indiana measure marked a “significant expansion” because it applies to private, as well as public, transactions.
The federal Religious Freedom Restoration Act arose from a case related to the use of peyote in a Native American ritual. In 1997, the U.S. Supreme Court ruled that the federal law did not apply to states. So states began enacting their own laws. Twenty now have them on the books.
Businesses and organizations including Apple and the Indianapolis-based NCAA have voiced concern over Indiana’s law, and some states have barred government-funded travel to the state.
Democratic legislative leaders said the proposed clarifications by Pence and Republican lawmakers would not be enough.
“To say anything less than a repeal is going to fix it is incorrect,” House Minority Leader Scott Pelath said.
Republican House Speaker Brian Bosma agreed with the governor’s call for swift action.
“It’s important to take action as quickly as possible. We want to do it this week,” he said.
The Indianapolis Star in a front-page editorial Tuesday urged state lawmakers to address the issue. Headlined “FIX THIS NOW,” it took up the newspaper’s entire front page, calling for lawmakers to enact a law that would prohibit discrimination on the basis of a person’s sexual orientation or gender identity.
The newspaper said the uproar sparked by the law has “done enormous harm” to the state and potentially to its economic future.
The Arkansas proposal approved Tuesday would prohibit state and local governments from infringing on a person’s religious beliefs without a “compelling” reason. But unlike in Indiana, Arkansas lawmakers said they will not modify their measure.
“There’s not really any place to make any changes now,” Republican Rep. Bob Ballinger of Hindsville said about his proposal.
Over the past two days, hundreds of protesters filled Arkansas’ Capitol to oppose the measure, holding signs that read “Discrimination is not a Christian Value” and “Discrimination is a Disease,” and chanting “Shame on You” at Ballinger after the measure was endorsed by a House committee.
Similar proposals have been introduced in more than a dozen states.
In a letter released Tuesday, Little Rock Mayor Mark Stodola urged Hutchinson to veto the proposal, which he said would hurt the state’s economic-development efforts by sending “the message that some members of our community will have fewer protections than others. Our city and our state cannot be limited to only certain segments of society.”
Sexual orientation and gender identity are not included in Arkansas’ anti-discrimination protections. Last month, Hutchinson allowed a measure to become law that prevented local governments from including such protections in their anti-discrimination ordinances.
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