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Arkansas Senate approves updated religious-objections bill

Arkansas' governor backed away Wednesday from his promise to sign a controversial religious-objections bill, bowing to pressure from critics that included his own son and some of the state's biggest employers, who say the legislation is anti-gay

Andrew Demillo (The Jakarta Post)
Little Rock, Arkansas
Thu, April 2, 2015

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Arkansas Senate approves updated religious-objections bill

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rkansas' governor backed away Wednesday from his promise to sign a controversial religious-objections bill, bowing to pressure from critics that included his own son and some of the state's biggest employers, who say the legislation is anti-gay.

Republican Gov. Asa Hutchinson said he wants the Legislature either to recall the bill from his desk or pass a follow-up measure that would make the proposal more closely mirror a federal religious-freedom law. Arkansas lawmakers moved quickly to advance a new version aimed at addressing the governor's concerns.

Critics of the bill say it could be used to discriminate against gay people because it gives business owners the ability to mount a legal defense based on their religious faith.

Hutchinson said his son, Seth, was among those who signed a petition asking him to veto the bill.

"This is a bill that in ordinary times would not be controversial," the governor said. "But these are not ordinary times."

Hutchinson initially supported the bill, and on Tuesday, his office said he planned to sign it into law. But a day later, his position had changed.

"What is important from an Arkansas standpoint is one, we get the right balance. And secondly, we make sure that we communicate we're not going to be a state that fails to recognize the diversity of our workplace, our economy and our future," Hutchinson said at a news conference at the state Capitol.

He was the second governor in as many days to give ground to opponents of the legislation.

After Indiana Gov. Mike Pence signed a similar measure last week, Pence and fellow Republicans endured days of sharp criticism from around the country. The Indiana governor is now seeking follow-up legislation to address concerns that the law could allow businesses to discriminate based on sexual orientation.

Hutchinson also faced pressure from the state's top employers, including Bentonville-based Wal-Mart Stores Inc., which has asked for the bill to be vetoed. Little Rock's mayor, the city's Chamber of Commerce and Arkansas-based data-services company Acxiom have all urged the governor to reject the bill.

Experts say companies are increasingly concerned about any laws that could alienate customers, hurt state economies or limit employers' ability to attract and retain talent.

Neither the Indiana nor Arkansas law specifically mentions gays and lesbians, but opponents are concerned that the language contained in them could offer a legal defense to businesses and other institutions that refuse to serve gays, such as caterers, florists or photographers with religious objections to same-sex marriage.

Supporters insist the law will only give religious objectors a chance to bring their case before a judge.

Similar proposals have been introduced this year in more than a dozen states, patterned after the federal Religious Freedom Restoration Act of 1993, with some differences. Indiana and 19 other states have similar laws on the books.

Legislators face a short window to act. The governor has five days after the bill is formally delivered to him to take action before it becomes law without his signature.

By Wednesday night, the Senate had approved a new version of the bill by a 26-6 vote. The bill now heads to the House for a vote.

The revised proposal would only address actions by the government, not by businesses or individuals. Supporters of the amended version said the change means businesses denying services to someone on religious grounds could not use the law as a defense.

Opponents of the law were encouraged by Hutchinson's comments.

"What's clear is the governor has been listening," said Chad Griffin, president of the Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender rights group. Now opponents have to "keep the pressure on."

In Indiana, Republican legislative leaders huddled behind closed doors for hours with Pence, business executives and other lawmakers, but did not come to an agreement on how to clarify the law.

Republican House Speaker Brian Bosma said Wednesday night that House Republican members were "very closely united" on a proposal and that he hoped details would be released Thursday.

The Indianapolis Star, which obtained a draft of the proposed language, reported that it would specify that the law cannot be used as a legal defense for refusing to provide services, goods or accommodations based on a person's sexual orientation.

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Associated Press writers Allen Reed and Tom Davies in Indianapolis contributed to this report.

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Follow Andrew DeMillo on Twitter at www.twitter.com/ademillo. (***)

 

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