In Religious Freedom Debate, a Retreat by Key Republicans

By Perry Bacon Jr.

The debate over religious freedom laws this week illustrated the growing momentum of gay rights, with some key Republican politicians forced to adjust their policy stances and public comments as they worried about being cast as intolerant.

On Thursday night, Indiana Gov. Mike Pence signed a revised version of the religious freedom provision which touched off a national controversy that both embarrassed some in his state and may have ended his chances of becoming president. Pence backed the new provision, which includes special language that says religious freedom should be not used as a way to discriminate based on race, sexual orientation or gender, only five days after he strongly had defended the original law and said he would be unwilling to change it.

But Pence was not the only Republican who had to reverse himself within a few days. Legislators in Arkansas revised a similar provision in their state amid protests, and they made changes that will make it harder for private individuals or businesses to cite religious freedom as a way to avoid providing services as part of same-sex weddings.

Former Florida governor and leading 2016 candidate Jeb Bush, who on Monday had praised Pence and strongly defended the law, two days later adjusted his position and suggested that Indiana should have followed the model of Utah's religious freedom provision, which had included protections in its original version for people who are gay.

Meanwhile, another Republican, Michigan Gov. Rick Snyder, said he would not sign a religious freedom provision that is being considered in the Michigan state legislature.

The shifts by top Republicans irritated religious conservatives, who are very comfortable asserting the view that businesses should be allowed, based on the religious beliefs of their owners, not to take actions that could be considered as condoning gay marriage.

"We have watched a sad spectacle this week as one Republican elected leader after another retreated on the rights of people of faith to have space to express their religious beliefs and defend their conscience," said Tim Head, executive director of Faith & Freedom Coalition, a national conservative group. "When criticized on the simple issue of the First Amendment right to exercise one's religion, they folded like a cheap suit."

Louisiana Gov. Bobby Jindal, a 2016 presidential candidate, also defended those opposed to same-sex marriage.

"Here in America, we shouldn't force those with sincerely held religious beliefs to participate in ceremonies they don't want to. That's the real discrimination," Jindal said in an interview with a Des Moines radio station that his aides distributed to reporters.

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In Religious Freedom Debate, a Retreat by Key Republicans

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