SB 1062

‘Right to Discriminate’ Bills, Meet Hobby Lobby

Last month, as Arizona governor Jan Brewer deliberated whether to sign or veto a law that would have allowed businesses to discriminate against LGBT customers, the public outcry was immense. Senators Jeff Flake and John McCain shared their opposition via Twitter. Companies including American Airlines, Apple, and AT&T urged a veto. Multiple state senators who had voted for SB 1062 asked Gov. Brewer to veto it. When she did, advocacy groups praised the decision and many in Arizona and across the country breathed a well-deserved sigh of relief.

But it turns out that sigh may have been premature.

This morning the Supreme Court will hear arguments in Sebelius v. Hobby Lobby Stores, Inc., a case that, on its face, appears to be dealing with a different issue – women’s access to contraception – but in fact grapples with some of the same core issues in play with “right to discriminate” bills like Arizona’s. In the Hobby Lobby case, as in its companion case Conestoga Wood Specialities v. Sebelius, corporations are trying to avoid complying with the contraception mandate of the Affordable Care Act. But both the Supreme Court cases and the “right to discriminate” bills address the question of whether for-profit corporations have religious rights and can use those “rights” in a way that brings harm to others. 

Comparing the vetoed Arizona bill to efforts to let companies deny covering contraception, National Women’s Law Center vice president Emily Martin put it like this: “What you’re seeing in both cases are corporations asserting the right to break the law in the name of religion, even if it results in harm and discrimination for third parties.” And The New Yorker’s Jeffrey Toobin noted,

Indeed, a victory for Hobby Lobby might bring in an Arizona-style rule through the back door….The Arizona law and the Hobby Lobby case represent two sides of the same coin. Both assert that the invocation of a religious belief allows a company to opt out of a government requirement that applies to everyone else.

But corporations have never had religious rights, and as affiliate PFAW Foundation senior fellow Jamie Raskin wrote in a recent report, that concept is simply “absurd.”

[I]t is time for the Court to restore some reality to the conversation.  Business corporations do not belong to religions and they do not worship God.  We do not protect anyone’s religious free exercise rights by denying millions of women workers access to contraception.

PFAW

Mississippi Tries to Redefine Southern Hospitality With Proposed 'Right to Discriminate' Bill

The following is a guest blog from Zane Ballard, a Fellow in affiliate People For the American Way Foundation’s Young People For program.

In spite of the nationwide outcry over Arizona’s SB 1062, the “Turn Away the Gays” bill vetoed by Arizona Governor Jan Brewer last month, some far-right legislators across the country have continued to claim that gay rights present a threat to their religious freedom. In my state of Mississippi, conservative legislators have pushed the Religious Freedom Restoration Act (SB 2681), which is similar to the vetoed Arizona law. When the Mississippi State Senate passed SB 2681 on January 31, some senators said they did not even realize its implications. Mississippi Sen. David Blount, for example, said he “was not aware…of this intention or possible result” when he voted – that is, the result of legalizing discrimination.

The version of the bill passed by the Senate would have allowed businesses to deny service to individuals based upon the belief that “state action or an action by any person based on state action shall not burden a person's right to exercise of religion.” It would have allowed broad, almost unchecked discrimination by any business that claimed its “exercise of religion has been burdened or is likely to be burdened” by serving a customer. This could have included refusal to serve LGBT persons, people of color, or those of non-Christian or no faith, all on the basis of an individual exercising their religion.

Yesterday the discriminatory bill faced a major setback when the House voted to replace most of the text of the bill with language establishing a committee to study the issue. The study committee will be examining the bill closely in search of any possible way that the language could be usable without promoting discrimination.  But according to the Mississippi ACLU, “Senate Bill 2681 remains a looming threat. The results of the study committee that was established by the amendment that passed the House today may go to conference. If the conference committee reaches an agreement, its report must be approved by both houses by April 2nd.”

In the meantime, advocates on the ground in Mississippi will continue to watch closely as the process unfolds. Last week, I joined students from Mississippi State University and Millsaps College, representatives from Equality Mississippi, and other concerned Mississippians on the steps of the state capitol to demonstrate against the bill. Protestors had also planned to be present during a House Judiciary Committee meeting that day, in hopes that they would be duly represented by those they had elected. However, these concerned Mississippians were unable to sit in on the committee meeting, which ended seven minutes before it was even scheduled to even begin. 

Even though the bill has been stalled, the work to keep this discriminatory law off the books continues. The Gulf Coast Lesbian & Gay Community Center in Mississippi has organized an action on the steps of the state capitol for March 26 at 12 pm, to once again draw attention to the bill and to highlight the general lack of protections for LGBT people in our state. In the wake of momentum generated in response to SB 2681, it would not be surprising to see the pro-equality energy of those in the state carrying over into other channels. This could include support for non-discrimination ordinances in cities across Mississippi, or even a statewide piece of legislation preventing discrimination and preserving the real ideal of southern hospitality.
 

PFAW