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Republicans will push pro-discrimination bills

I have three things to say about this.

RedEquality

Two days after the Plano City Council approved an ordinance prohibiting discrimination against LGBT people, a Texas legislator filed a proposed constitutional amendment that would limit the ability of cities to enforce such laws.

On Wednesday, Rep. Jason Villalba (R-Dallas) filed House Joint Resolution 55, which is similar but not identical to Senate Joint Resolution 10, filed last month by Sen. Donna Campbell (R-New Braunfels).

Rep. Jeff Leach (R-Plano), one of several lawmakers who sent a letter to the Plano City Council opposing the nondiscrimination ordinance, also announced on Twitter Tuesday that he’s drafting a bill “to protect Texas business owners from unconstitutional infringements on their religious liberty.” As of Thursday morning, Leach’s bill hadn’t been filed, and he didn’t return a phone call seeking comment.

Nevertheless, a month before the session begins, the flurry of legislation suggests that, thanks in part to the legalization of same-sex marriage across much of the nation, conservatives will challenge gays rights in the name of religious freedom in the 84th Texas Legislature.

The resolutions from Campbell and Villalba would amend the Texas Constitution to state that government “may not burden” someone’s “sincerely held religious belief” unless there is a “compelling governmental interest” and it is the “least restrictive means of furthering that interest.”

Experts say such an amendment would effectively prevent cities that have passed LGBT-inclusive nondiscrimination ordinances from enforcing them. In addition to Plano, those cities include Austin, Dallas, Fort Worth, Houston and San Antonio.

That’s because business owners could claim exemptions from the ordinances if they have sincerely held religious beliefs—such as opposition to same-sex marriage—making it legal for them to fire employees for being gay or refuse service to LGBT customers.

“It blows a hole in your nondiscrimination protections if people can ignore them for religious reasons,” said Jenny Pizer, senior counsel at the LGBT civil rights group Lambda Legal.

But Pizer and others said an even bigger problem could be the amendments’ unintended consequences.

Daniel Williams, legislative specialist for Equality Texas, said in addition to the First Amendment, the state already has a statute that provides strong protections for religious freedom—known as the Religious Freedom Restoration Act, or RFRA. But Williams said the proposed constitutional amendments would supplant RFRA and go further, overriding exceptions in the statute for things like zoning regulations and civil rights laws.

[…]

Williams noted that similar resolutions from Campbell have failed in previous sessions. Amending the state Constitution requires two-thirds support in both chambers as well as a majority public vote.

“That’s a very high bar, and the Legislature’s a deliberative body,” Williams said.

But Williams said the key to defeating the legislation this go-round will be economic arguments.

“This would have a detrimental affect on businesses that are looking to relocate to Texas,” he said. “Businesses that want to relocate to Texas will think that their LGBT employees and the family members of their LGBT employees are not going to be welcome.”

1. Between equality ordinances, plastic bag bans, payday lender regulations, and anti-fracking measures, the obsession that Republican legislators may have this session with nullifying municipal laws may overtake their obsession with nullifying federal laws. I continue to be perplexed by this obsession.

2. We are all clear that these “freedom to discriminate” bills are, intentionally or not, also about the freedom to discriminate against Jews or blacks or whoever else you don’t like, right? I mean, every time they get pinned down on it, proponents of such bills admit as much. I don’t suppose it has ever occurred to the Donna Campbells of the world that one of these days they themselves could be on the receiving end of such treatment, if someone else’s sincerely held religious beliefs hold that antipathy towards LGBT folks is an abomination before God. I’m just saying.

3. Assuming Speaker Straus maintains the tradition of not voting, the magic number is fifty, as in fifty votes in the House are needed to prevent any of these travesties from making it to your 2015 ballot. There are 52 Democrats in the House, plus one officially LGBT-approved Republican, so there are three votes to spare, assuming no other Republicans can be persuaded to vote against these. We know that there are four current House Dems that voted for the anti-gay marriage amendment of 2005. One of them, Rep. Richard Raymond, has since stated his support for marriage equality. Another, Rep. Ryan Guillen, may be persuadable. The current position of the others, Reps. Joe Pickett and Tracy King, are unknown. Barring any absences or scheduling shenanigans, we can handle three defections without needing to get another R on board. This is the key.

(Yes, eleven votes in the Senate can also stop the madness. Unfortunately, one of those votes belongs to Eddie Lucio. I’d rather take my chances in the House.)

Unfair Park and Hair Balls have more.

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2 Comments

  1. Katy Anders says:

    I don’t think we have to worry about discrimination against Jews or divorced people or anything as a result of this bill because – so far as I can tell – homosexuality is pretty much the ONLY thing that Christianity concerns itself with. The Bible must be exclusively a collection of books dealing with man-on-man sex.

  2. Ross says:

    If this passes, I will have one of my Muslim friends open a halal butcher that refuses to serve Christians because they are apostate. It would also allow Muslim cab drivers to refuse service to drunks or anyone with slcohol.