The Truth about SB1062Posted: 2014-03-01 3-1-14 (reprinted with permission from Gilbert Watch)
The Truth about SB1062
SB1062 was not a "controversial" bill. Nor did it "affirm the right to discriminate." It was not "broadly worded." As for those "unintended negative consequences" that Governor Brewer stated in her veto, those are the consequences of standing up for religious liberty and the freedom to associate. Are those worth fighting for? Apparently not.
What Governor Brewer, many Republican legislators, and candidates for Governor revealed was their total ignorance about the so-called "economic benefits" of bringing the Super Bowl to Arizona, and their spinelessness when faced with a mob. Some of those candidates for Governor are really ferocious, so they tell me.
As stated by Ilya Shapiro in the Cato Institute article titled For Marriage Equality, Religious Liberty, and the Freedom of Association:
"SB 1062 does nothing more than align state law with the federal Religious Freedom Restoration Act (which passed the House unanimously, the Senate 97-3, and was signed by President Clinton in 1993). That is, no government action can “substantially burden” religious exercise unless the government uses “the least restrictive means” to further a “compelling interest.” This doesn’t mean that people can “do whatever they want” – laws against murder would still trump religious human sacrifice – but it would prevent the government from forcing people to violate their religion if that can at all be avoided. Moreover, there’s no mention of sexual orientation (or any other class or category).
"The prototypical scenario that SB 1062 is meant to prevent is the case of the New Mexico wedding photographer who was fined for declining to work a same-sex commitment ceremony. This photographer doesn’t refuse to provide services to gay clients, but felt that she couldn’t participate in the celebration of a gay wedding. There’s also the Oregon bakery that closed rather than having to provide wedding cakes for same-sex ceremonies. Why should these people be forced to engage in activity that violates their religious beliefs?
"For that matter, gay photographers and bakers shouldn’t be forced to work religious celebrations, Jews shouldn’t be forced to work Nazi rallies, and environmentalists shouldn’t be forced to work job fairs in logging communities. This isn’t the Jim Crow South; there are plenty of wedding photographers – over 100 in Albuquerque – and bakeries who would be willing to do business regardless of sexual orientation, and no state is enforcing segregation laws. I bet plenty of Arizona businesses would and do see more customers if they advertised that they welcomed the LGBT community."
That was it. Three paragraphs of Truth about SB1062.
See also:
SB1062 as Transmitted to Gov. Brewer
Problem Solved: Let Private Businesses Refuse Service to Anyone for Any Reason
In Arizona, GOP Shows how Easily it will Cave on Religious Liberty.
Razing Arizona: Conservatives Succeed at Failing Again.
The Economic Impact of the Super Bow
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