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Arkansas revises religious freedom bill in attempt to prevent anti-LGBT discrimination Arkansas and Indiana approve redrafted religious freedom bills after backlash
(35 minutes later)
A modified “religious freedom” bill was signed into law in Arkansas on Thursday as the state’s governor sought to placate critics who argue that politicians are seeking to discriminate against gay and lesbian people. The governors of Arkansas and Indiana have signed into law hastily passed revisions to two bills that purported to protect the religious freedoms of business owners but were heavily criticized as anti-gay.
Flanked by members of the state legislature, Asa Hutchinson signed the bill into law at a press conference less than an hour after it passed the legislature and a day after he asked them to revise the bill in the hope of making it less inflammatory. The Arkansas revision took place as Indiana passed revisions to its own similar bill, as both states have dealt with a backlash this week to “religious freedom” bills critics call anti-gay. The Arkansas governor, Asa Hutchinson, signed Senate Bill 975 on Thursday afternoon, after it passed the house of representatives in a 76-17 vote. Hours later, Indiana’s Governor Mike Pence followed suit, signing an amended bill written by the legislature, which worked closely with business leaders to craft its language.
“This mirrors the federal law, that was the objective,” he said. He added that he believes the bill also provides a framework for resolving disputes in court and reflects the “diversity of our culture and our workforce”. Both states have been the subject of intense criticism this week, as “religious freedom” bills easily passed and were sent to Hutchinson and Pence. In Indiana, when Pence signed the Religious Freedom Restoration Act into law last week, the backlash was swift and fierce, making the state a subject of international criticism. The Arkansas bill passed the legislature on Tuesday, but Hutchinson ordered changes before he would sign it, amid the backlash in Indiana.
Asked if he understood concerns that the law, which is directed only at government actions, offers no explicit protection from discrimination on the basis of sexual orientation, he said that “the debate goes on”. Companies such as Salesforce.com said they would no longer send employees to Indiana for work and organizations such as the NCAA said they were reconsidering plans to host the Final Four in Indianapolis.
Senate Bill 975 went through the committee stage on Thursday morning and passed the House of Representatives in a 76-17 vote. Just before the vote, representative Camille Bennett, wearing a necklace with a giant cross, addressed the chamber and said she was delighted that the bill would “protect our religious freedoms, just before Easter”. Pence and other Republican leaders initially blamed the reaction on a “mischaracterization” of the law and noted that Indiana is the 20th state to enact such a law, building on the federal RFRA that former president Bill Clinton signed into law in 1993.
Hutchinson, a Republican, had insisted that the bill in its earlier form did not have discriminatory intent. But businesses including Walmart, which is headquartered in Arkansas, voiced opposition, as did Mark Stodola, Little Rock’s mayor, and even Hutchinson’s son, Seth. In Arkansas, Hutchinson, a Republican, had insisted that the bill in its earlier form did not have discriminatory intent. But businesses including Walmart, which is headquartered in Arkansas, voiced opposition, as did Mark Stodola, Little Rock’s mayor, and even Hutchinson’s son, Seth.
A similar controversy erupted in Indiana last week when critics said legislation signed into law by Governor Mike Pence would legally enable businesses to refuse to serve people based on their sexual orientation. Signing the revised bill on Thursday, Hutchinson said he believes the bill also provides a framework for resolving disputes in court and reflects the “diversity of our culture and our workforce”.
“This mirrors the federal law, that was the objective,” he said.
In Arkansas, there are remaining concerns that that law, which is directed only at government actions, offers no explicit protection from discrimination on the basis of sexual orientation. Asked if he understood critics of even the revision, Hutchinson said “the debate goes on”.
In Indiana, the house speaker, Brian Bosma, a Republican, said of the revised bill: “We can unequivocally say that RFRA cannot be used to discriminate against anyone.
Under the existing law, Indiana cannot create legislation that infringes on a person’s religious beliefs – with the definition of person extended to include businesses, associations and other organizations. Because the state does not consider the LGBT community a protected class, the bill was interpreted as a way for businesses and organizations to legally discriminate.
“What was intended as a message of inclusion, inclusion of all religious beliefs, was interpreted as a message of exclusion, especially of the LGBT community,” said Bosma. “Nothing could’ve been further from the truth, but it was clear the perception had to be addressed.”
The amendment clarifies that RFRA does not “authorize a provider to refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service.”
LGBT rights group Freedom Indiana, which has been fighting for RFRA reform, applauded the announcement in a statement.
“While there is still more work to do to ensure that Indiana state law explicitly protects gay and transgender Hoosiers from discrimination, this announcement is progress we couldn’t have imagined just a week ago when Governor Pence signed the law and created immediate national backlash,” Freedom Indiana said.
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Just before the Arkansas vote, representative Camille Bennett, wearing a necklace with a giant cross, addressed the chamber and said she was delighted that the bill would “protect our religious freedoms, just before Easter”.
Anti-discrimination protesters lined up to enter the house chamber in Little Rock for the vote, and more than a hundred rallied outside the statehouse earlier in the day.Anti-discrimination protesters lined up to enter the house chamber in Little Rock for the vote, and more than a hundred rallied outside the statehouse earlier in the day.
“It’s been incredible to see the energy and desire people have,” said Kendra Johnson, of the Human Rights Campaign. “I’m surprised by the numbers and the resilience … There’s lots of LGBT folks here, there are a lot of people who are not and just don’t agree with discrimination.”“It’s been incredible to see the energy and desire people have,” said Kendra Johnson, of the Human Rights Campaign. “I’m surprised by the numbers and the resilience … There’s lots of LGBT folks here, there are a lot of people who are not and just don’t agree with discrimination.”
After the bill was signed Johnson said “nothing much has changed. We’re still left facing discrimination in our day to day lives ... They asked us to choose between the lesser of two evils. We prefer no evil. The ideal scenario would have been a veto.” After the bill was signed Johnson said “nothing much has changed. We’re still left facing discrimination in our day-to-day lives ... They asked us to choose between the lesser of two evils. We prefer no evil. The ideal scenario would have been a veto.”
Ian Park, a gay 27-year-old teacher from Little Rock, said he had been verbally abused because of his sexuality at university in Arkansas nine years ago. He said the law is “a transparent attempt at discrimination. We see through it regardless of how they try to fix it.”Ian Park, a gay 27-year-old teacher from Little Rock, said he had been verbally abused because of his sexuality at university in Arkansas nine years ago. He said the law is “a transparent attempt at discrimination. We see through it regardless of how they try to fix it.”
Though one man walked around with a sign saying “Keep rightwing bigotry in church where it belongs,” several members of the clergy were at the protest rally, which also featured a pause for prayer.Though one man walked around with a sign saying “Keep rightwing bigotry in church where it belongs,” several members of the clergy were at the protest rally, which also featured a pause for prayer.
“I was pleasantly surprised by Governor Hutchinson’s statement yesterday,” said Brooks Cato, a priest at Christ Episcopal Church in Little Rock. As it stood, the bill was “a gross misuse of religion and an extreme disservice to some of the most extraordinary people in our community”.“I was pleasantly surprised by Governor Hutchinson’s statement yesterday,” said Brooks Cato, a priest at Christ Episcopal Church in Little Rock. As it stood, the bill was “a gross misuse of religion and an extreme disservice to some of the most extraordinary people in our community”.
He washed volunteers’ feet on the steps of the capitol building in an allusion to the gospel of John, in which Jesus washes the disciples in what Cato said was an act of love “with no caveat”.He washed volunteers’ feet on the steps of the capitol building in an allusion to the gospel of John, in which Jesus washes the disciples in what Cato said was an act of love “with no caveat”.
He said the bill was rooted in prejudice. “Frankly, if [religious freedom] were truly the heart of it I don’t think we’d need anything different from what the federal law puts forward,” he said. “We have a lot of gay worshippers. Seeing this legislation come out of a state I know and love has been painful.”He said the bill was rooted in prejudice. “Frankly, if [religious freedom] were truly the heart of it I don’t think we’d need anything different from what the federal law puts forward,” he said. “We have a lot of gay worshippers. Seeing this legislation come out of a state I know and love has been painful.”
Standing next to him, Linda Whitworth-Reed, a Presbyterian reverend in Little Rock, agreed. “The way I read scripture … I’m not sure what their values are and why they want to exclude, if we’re called to love one another and even love an enemy,” she said. “If I’m a heretic then I’m proud because the root of the word ‘heretic’ is ‘choice’. I choose to love and be inclusive.”Standing next to him, Linda Whitworth-Reed, a Presbyterian reverend in Little Rock, agreed. “The way I read scripture … I’m not sure what their values are and why they want to exclude, if we’re called to love one another and even love an enemy,” she said. “If I’m a heretic then I’m proud because the root of the word ‘heretic’ is ‘choice’. I choose to love and be inclusive.”