Arkansas, Indiana Revise Religious Freedom Laws After 'Anti-Gay' Accusations and Widespread Protests
Indiana and Arkansas revised new laws on religious freedom on the same day, Thursday, in an apparent attempt to stem massive protests from various sectors all over the country against what was generally perceived as a new form of discrimination against gays.
Arkansas' Republican Governor Asa Hutchinson signed his state's Religious Freedom Restoration Act into law just minutes after the revised version passed in the statehouse.
Indiana Governor Mike Pence, also a Republican, likewise signed a revised religious freedom law despite the fact that he had already signed the original act last week. That original law sparked a huge backlash from civil rights groups, businesses and at least two states in the Union because it apparently sanctioned denial of services and other discrimination policies against gays.
The law was quickly denounced by companies like Apple Inc., civil liberties groups and individuals from around the country. The states of New York and Connecticut also threatened Indiana with boycotts of official travel. Even some Indiana state officials and the state's biggest newspaper, the Indianapolis Star, called for a quick and thorough revision of the law, fearing it would harm the state's economy and create the perception that Indiana has turned into an anti-gay state.
"In the midst of this furious debate, I have prayed earnestly for wisdom and compassion, and I have felt the prayers of people across this state and across this nation," Pence said in a statement, without making any sexual reference.
In Arkansas, Hutchinson's signing of a similar religious freedom act days earlier was aborted following protests from various sectors including Wal-Mart Stores Inc, the world's largest retailer. Wal-Mart is headquartered in Arkansas.
On Thursday, Hutchinson said the state had crafted an "Arkansas solution" to the issue by making the state's religious freedom law more attuned to the federal version of the law that had been signed by former President Bill Clinton, a Democrat.
"It recognizes the diversity and culture of our workforce and protects religious freedom," Hutchinson said.
The new Arkansas law states that the "government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except that a government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is: 1) In furtherance of a compelling governmental interest; and 2) The least restrictive means of furthering that compelling governmental interest."
The rewritten Indiana law, on the other hand, specifies that it does not authorize a provider to refuse to do business with anyone on the basis of "race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity or United States military service."
However, churches and religious organizations are exempt, which could allow them to use the law as a defense if they were sued by an individual claiming discrimination.
Pundits said the measures taken by Indiana and Arkansas were part of a broader effort in socially conservative states to push back the gains made by gays following a series of U.S. court decisions allowing same-sex marriage. The U.S. Supreme Court is set to take up the issue this month.
Supporters of the new laws in Indiana and Arkansas contend that the religious freedom acts do not actually sanction discrimination against any group of people but are only meant to protect religious freedom.
But according to the Human Rights Campaign, the largest lesbian, gay, bisexual, and transgender civil rights organization in the U.S., the revised religious freedom law "falls short of providing needed non-discrimination protections to all Arkansans."
It said the revised law "can still be used as a weapon to discriminate against LGBT people, people of color, minority faiths, women and other Arkansans at risk."
"Today, LGBT Arkansans are still unequal, and today's battle points toward a broader struggle ahead – a fight where full and complete equality for all Arkansans that cannot be undermined is the only acceptable outcome," said Chad Griffin, an Arkansas native and the president of the Human Rights Campaign.