Arizona lawmakers passed a law recognizing the freedom of conscience of retailers who refuse to provide services to married gays. A number of other conservative states could follow this controversial example.
In the United States, gay marriage has been gaining ground for many years. Cornered, the Republican right is launching its counterattack. Last week in Arizona, a very conservative Western American state, lawmakers adopted a law that grants freedom of conscience to retailers and local service providers who refuse to serve gay couples. The text, which does not specifically refer to homosexuals, is based on the sacrosanct First Amendment of the Constitution. In the case of judicial proceedings, from now on, the retailer is able to take advantage of freedom of conscience. The state’s governor still has to approve the bill, SB 1062. Jan Brewer, known for her very conservative stances, did not take part in the debate. She made it known that she will make a decision between now and the end of the week. NBC News affirmed that, according to numerous members of her staff, the governor could issue a veto.
SB 1062 actually originated in the neighboring state of New Mexico. In 2013, Elaine Huguenin refused to photograph the union of a homosexual couple. The brides eventually hired another photographer but filed a complaint for the discrimination nonetheless. Huguenin explained that she does not have anything against gay or lesbian couples personally. It is just that her religious beliefs run counter to gay marriage. In court, she invoked a 1993 federal law, the Religious Freedom and Restoration Act. She found a local translation in about 20 American states. The text declares that a law cannot place a “substantial burden” on an individual’s religious conscience. As a last resort, the Supreme Court of New Mexico eventually ruled against the photographer.
“No Wedding Cake for Gays”
In Arizona, it was a very influential, ultraconservative group that called for the law to be clarified in order to avoid this type of sentence. Thus, the vote in Congress made The Center for Arizona Policy happy: “No one should be forced to forfeit their religious beliefs simply because they go to work or start a business.” Chad Campbell, the head of the democratic minority, sharply criticized the text. “The world is upset with how Russia has treated gay rights … I think it’s time for that same anger to be directed toward Arizona.” The law’s opponents renamed the text “No Wedding Cake for Gays.” Several hundred of them protested on Monday in front of the capitol in Phoenix.
The debate has largely gone beyond the borders of the state. The American Civil Liberties Union has called on Jan Brewer to issue a veto on the bill. “This is another example of how the state legislature is on the wrong side of history,” according to this powerful organization. The law even divides the Republican camp. Sen. John McCain and former presidential candidate Mitt Romney are publicly opposed to the law. Conversely, a bill was filed on Monday in Missouri. The Kansas senators retorted with a similar text last week. The same question is being posed in many other states.
Since last week, two elected conservative members of the Arizona Senate have made known that they have changed their minds. At the moment, the law has not been adopted. It remains to be seen whether Gov. Jan Brewer will take this change of mind into account. Attorney General Eric Holder has already warned in The New York Times that if the law were to be adopted, it would face fast legal challenge.
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