Nearly 250 gay rights supporters protest SB1062 at the Arizona Capitol, Friday, Feb. 21, 2014, in Phoenix. The protesters gathered demanding Gov. Jan Brewer veto legislation that would allow business owners to refuse to serve gays by citing their religious beliefs. The governor must sign or veto Senate Bill 1062 by the end of this week.
Ross D. Franklin, Associated Press
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WASHINGTON As Arizona Gov. Jan Brewer weighs a decision whether to sign a bill strengthening the state's religious liberty protections for individuals and businesses, her state is one of several wrestling with a balance between religious liberty and anti-discrimination laws.
The bill comes in the wake of a number of cases across the country in which same-sex couples complained that business owners refused service on the grounds of religious belief. In one prominent example, a New Mexico court said last year that the refusal of wedding photographer Elaine Huguenin to take pictures of a same-sex wedding was not protected under that state's version of the 1993 federal Religious Freedom Restoration Act, or RFRA, since the state was not acting to force an action.
That decision has moved legislators in several states to try to pass religious protections for their citizens. While Arizona's bill passed the Legislature, most of the others have failed in various legislative processes for reasons including political pressure, concerns over constitutional challenges and fears of public backlash.
In Kansas, for example, a bill protecting religious beliefs passed the state House of Representatives two weeks ago, but was killed in the state Senate, the Kansas City Star reported, after a flood of protests. The paper cites state Senate Vice President Jeff King, a Republican, as saying a Senate committee will re-examine religious freedom issues in March.
In Idaho, House Bill 426 would prevent state or local agencies from denying licenses to businesses that exercised their conscience. It was sent back to committee, and observers believe it won't return to the floor of the Legislature this year.
South Dakota's Senate Judiciary Committee on Tuesday squashed a bill protecting businesses that refused to serve or hire gays from lawsuits, South Dakota Public Broadcasting reported. In Tennessee, a bill allowing businesses and organizations to refuse service to same-sex couples was withdrawn from the state Senate Judiciary Committee on Tuesday as well, according to WSMV-TV in Nashville.
Liberty vs. liberty
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Liberty vs. liberty: Religious freedom bills trouble gay rights supporters
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