http://www.nytimes.com/2015/03/06/us/anticipating-nationwide-right-to-same-sex-marriage-states-weigh-religious-exemption-bills.html?hp&action=click&pgtype=Homepage&module=first-column-region®ion=top-news&WT.nav=top-news&_r=0
Some of these quotes though.
Some of these quotes though.
ATLANTA As it looks increasingly likely that the Supreme Court will establish a nationwide right to same-sex marriage later this year, state legislatures across the country are taking up bills that would make it easier for businesses and individuals to opt out of serving gay couples on religious grounds.
Many states are now reliving a version of events that embroiled Arizona in February 2014, when Jan Brewer, then the Republican governor, vetoed a bill that would have allowed businesses to use their religious beliefs as a legal justification for refusing to serve gay customers.
The resurgent controversy is fueled in part by a deep anxiety among many evangelicals and other conservatives that the Supreme Court will make same-sex marriage legal in all 50 states after it takes up the matter in April.
The L.G.B.T. movement is the main thing, the primary thing thats going to be challenging religious liberties and the freedom to live out religious convictions, said State Senator Joseph Silk, an Oklahoma Republican and the sponsor of a bill in that state. And I say that sensitively, because I have homosexual friends.
As in Arizona last year, some of the new bills are already experiencing pushback from businesses and prominent conservatives who are concerned that they might lead to boycotts or harm their states reputations. And gay-rights groups say the bills would enshrine discrimination.
In Arkansas, a so-called conscience protection bill was scuttled in the Judiciary Committee of the State Senate on Feb. 25, a day after homegrown retail giant Walmart released a statement arguing that the bill would send the wrong message about Arkansas, as well as the diverse environment which exists in the state.
Supporters of the proposal, which the State House of Representatives overwhelmingly approved, said they might introduce a new version this session.
In Georgia, powerful business interests helped kill similar legislation last year. Opposition to two similar bills remains strong among a portion of the states elite, who are sensitive to the perceptions that Southern states, in particular, can be havens of intolerance.
What you have to be careful about is making sure you dont conform to those perceptions, said former Gov. Roy Barnes, a Democrat. Thats the reason this bill is so dangerous.
Similar bills have been introduced in Colorado, Hawaii, Indiana, Michigan, Utah, West Virginia and Wyoming, according to the Human Rights Campaign.
Bills in South Dakota and Wyoming recently failed. In Texas, which already has such a law, lawmakers are considering a constitutional amendment that would make it even easier for religious people who feel aggrieved by government policy to win their cases in court.
Same-sex marriage is now legal in 36 states and the District of Columbia. Its status in a 37th state, Alabama, is unclear because of conflicting state and federal court orders.
Concern over the expansion, which has accelerated in the last year with a flurry of federal court decisions, is driving a good deal of support for the bills.
They dont have a right to be served in every single store, said Mr. Silk, the Oklahoma state senator, referring to gay people. People need to have the ability to refuse service if its violates their religious convictions.
In general, the bills would make it easier to win court cases brought by individuals who claim their exercise of religion was infringed by government policy.
Many of the bills contain language that the government may not burden, or in some states substantially burden, the practice of religion, and may do so only if it can both demonstrate a compelling interest, and show that it is doing so by the least restrictive means.
Their model is the federal Religious Freedom Restoration Act, or R.F.R.A., which was signed into law in 1993 by President Bill Clinton, and which enjoyed overwhelming support from both liberal and conservative members of Congress.
The act was an effort to restore the rights of religious practitioners that had been curtailed by the Supreme Courts 1990 decision in the case Employment Division v. Smith. In that case, the court upheld Oregons denial of unemployment benefits to employees fired for using peyote in a religious ritual.
In 1997, however, a Supreme Court ruling effectively limited the laws application to the federal government. In response, a number of states began passing and putting together their own laws similar to the Religious Freedom Restoration Act. Today, the laws exist in 19 states, and courts in a number of other states apply the acts legal standards in determining relevant cases.
Supporters of the bills say such fears are overblown, noting that in many states that already have Religious Freedom Restoration Act laws, judges have taken care to balance the religious liberty claims of aggrieved believers against existing nondiscrimination laws, or the general principle that discrimination is harmful to society.
R.F.R.A. doesnt guarantee the result in any case, said Thomas Berg, a professor at the University of St. Thomas School of Law in Minneapolis. Instead, he said, it merely establishes the standard that must be met, and gives an individual the right to require that the government prove a compelling interest.
That doesnt mean that R.F.R.A. claims are always going to prevail over gay rights statutes, he said. It gives the objector the chance to make the argument.
Christopher Lund, an associate law professor at Wayne State University in Detroit, has compiled a number of instances in which state Religious Freedom Restoration Act laws have protected religious minorities, including a Native-American student who won the right to wear his hair long at a Texas school, and Santeria practitioners who were allowed to continue sacrificing animals in religious rituals.
Sarah Warbelow, the legal director of the Human Rights Campaign, said that her group fully supported the idea of protecting religious rights. But she said she would like to see even the existing laws amended to clarify that they should not be used to undermine nondiscrimination principles, or to engage in harm against others.