The Rise of State ‘Religious Freedom’ Bills
Same-sex marriage is now legal in 35 states due to a recent series of victories in the courts, legislatures, and ballot boxes. In response, some state legislatures are trying to come up with ways to push back against this trend.
Most state legislatures don’t come back into session for a few months, yet legislators are already announcing their intent to introduce so-called “religious freedom” bills for 2015. These bills would introduce identical or even broader versions of the federal Religious Freedom Restoration Act (RFRA)—the law that was distorted to allow corporations like Hobby Lobby to use religion to ignore the Affordable Care Act’s contraception mandate. Legislators are advocating for these bills by claiming they will create broad religious exemptions from nondiscrimination laws.
AU strongly believes in religious freedom and appropriately tailored religious accommodations. Despite the fact that these bills claim to protect religious freedom, in reality they are a threat to civil rights. The language in these bills is too broad and unclear, and could open the door for serious and even harmful unintended consequences, including nullifying discrimination, public safety, and health laws.
Several states pushed RFRA bills in 2014, but experienced passionate backlash from civil rights groups and the business community: even the NFL threatened to change the location of the 2015 Super Bowl if the RFRA bill passed in Arizona. The bill still passed the legislature, but Governor Brewer thankfully vetoed it.
At least five states have announced religious freedom bills for the upcoming session: Georgia, Michigan, Texas, North Carolina, and Utah.