SPEAKING OUT: The Human Rights Campaign.
The legislature is to complete its work Monday and Tuesday and one piece of unfinished business is the adoption of a third constitutional amendment for the 2022 election ballot.
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A proposal to kill initiated acts by the people and another to further increase legislative power over the governor have already been approved for the ballot. Heading to completion of a troika of terrible amendments is a proposal by Sen. Jason Rapert, the “Religious Freedom Amendment.”
it is nothing more than an effort to enshrine in the Constitution (where if the legislature is successful it couldn’t be changed except by a 60 percent vote and then only if organizers could overcome the impossible new ballot canvassing law) what is already statutory law in Arkansas. That is: You may cite your religion to justify discrimination against anyone. But this is particularly a product of the effort to protect discrimination in employment, housing and business services against people based on sexual orientation and gender identity.
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It is a cookie-cutter product of the so-called Christians still trying to rid the country of LGBT people. It is the same movement that prevented the passage of meaningful hate crime legislation in Arkansas. A key moving part of the amendment:
(a) Except as provided in subsection (b) of this section, government shall not burden a person’s freedom of religion even if the burden results from a rule of general applicability. (b) Government may burden a person’s freedom of religion only if the government demonstrates that application of the burden to the person: (1) Is in furtherance of a compelling government interest; and (2) Is the least restrictive means of furthering that compelling government interest.
A person whose religious freedom has been burdened in violation of this section may assert that violation as a claim or defense in a judicial, administrative, or other appropriate proceeding and obtain appropriate relief against a government.
Doubt this is cookie-cutter stuff? See a law just signed in Montana, described as protecting the free exercise of religion (it is exercised as freely in the Montana capitol as it is in the Arkansas capitol, at least if you are of the proper religion.) The Montana law contains the same language about burdens and compelling government interest and a cause of action.
As I said, we already have such a law on the books thanks to an earlier legislative session and the acquiescence of the governor. A constitutional amendment takes it to a new level of invincibility in Arkansas courts.
The Human Rights Campaign, in taking note of the Montana law, could easily have added the Rapert amendment to its basket of deplorables. Its news release described the Montana bill as you could describe Rapert’s work –“an expansive religious refusal bill that could grant a license to discriminate against Montanans and visitors, including LGBTQ people, people of faith, and women, across a wide range of goods and services in the state.”
HRC President Alphonso David commented:
“SB 215 will have a significant impact on vulnerable communities in Montana — including people of faith, women, and LGBTQ people. It will also jeopardize Montana businesses that voted for Governor Gianforte with the hopes of getting the state’s economy back on track.”
The HRC notes economic backlash against Indiana for similar legislation. It’s been seen elsewhere, too. And note that it is not only about LGBT discrimination, though that’s a prime motivating force. The religion Rapert and allies follow doesn’t hold much, for example, with women in church leadership or even women working outside the home. They come from a tradition that once argued that racial segregation was Biblically based. Other religions are doomed. They have a verse for everything to which they object, though most of them seem OK with synthetic fabrics and shellfish despite the Old Testament.
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I admit Arkansas hasn’t seen much economic backlash to its discrimination to date, at least until they got the attention of the Walton-backed bicycling world. We are merely living up to a historic reputation. And proud of it.
