Loose Liberties: Texas Bill Would Guarantee Right to Discriminate
Or how to parlay religious freedom into the right to discriminate against LGBT people.
Less than two weeks after the midterm elections, victorious social conservatives have already begun to fight for a dangerously expanded definition of religious liberty. Texas State Sen. Donna Campbell (R-New Braunfels) may have beaten them all to the punch: She has proposed a bill that would grant business owners the right to discriminate against LGBT customers.
Senate Joint Resolution 10, filed Monday, has been written expressly to allow anti-gay discrimination.
“No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship,” it reads, and adds, “Government may not burden an individual’s or religious organization’s freedom of religion or right to act or refuse to act in a manner motivated by a sincerely held religious belief unless the government proves that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.”
If passed, the bill would even prohibit the government from creating “indirect burdens” by “withholding benefits, assessing penalties, and denying access to facilities or programs” to individuals or groups that engage in discriminatory practices.
The Advocate reports that Texas already has a state version of the federal Religious Freedom Restoration Act (RFRA). Campbell’s bill would expand that law, which critics (including some in the Religious Right) have already condemned for its broad language. It’s evident that despite that generous RFRA, Campbell isn’t confident that it guarantees the right to discriminate, and seeks to ensure that Texas fundamentalists have free reign to turn away anyone they please.
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