Question to Pols Backing Religious Freedom: Did You See What Happened in Indiana?

Legislation protecting religious liberty could come before Michigan lawmakers this session. (Photo by Ben McCleod via Flickr/Creative Commons)

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Detroit Free Press columnist Brian Dickerson raises a question that’s likely on the mind of many watching whether the Religious Freedom Restoration Act comes up before the Michigan Legislature:

Are lawmakers supporting its passage paying attention to the furor of threats of economic and tourism boycotts after Indiana lawmakers became the 20th state to give businesses the right to turn away gay customers?

Indiana Gov. Mike Pence has vowed to fix the law, responding to pressure from everyone from advocates from the American Civil Liberties Union and LGBT communities to nine powerful corporate CEOs, who demanded immediate legislation making it clear the law can’t be used to justify discrimination based on sexual orientation or gender identity.

As written, the law taking effect July 1 prohibits laws that “substantially burden” an individual’s freedom of religion, unless the government can prove a compelling interest in imposing the burden.

While calling for “a clarification, but also a fix,” Pence continued to defend the law and said it has been mischaracterized by the media and by “some on the left.”

Some lawmakers in Michigan, which could become the next religious freedom battleground, are also raising that argument to explain some critics characterization of the bill as legalized discrimination against LGBT citizens who, like those in Indiana, aren’t protected by state civil rights laws.

“What happened in Indiana was perfectly predictable,” state Sen. Mike Shirkey, R-Clarklake, the legislation’s sponsor in Michigan, told the Detroit Free Press. “There are people who are misinterpreting the RFRA legislation for their own agenda.”

The path for the RFRA in Michigan was cleared when the legislation sailed through the House during December’s lame-duck session. It has been passed by earlier by the Senate, where the bill was returned for reconsideration.

Related:

• Religious Freedom Bills Back Before Michigan Legislature
• Critics: Religious Freedom Restoration Act Legalizes LGBT Discrimination
• U.S. Supreme Court Will Decide Gay Marriage for All 50 States

The legislation could come up for debate in the Senate yet this spring, before the U.S. Supreme Court decides a Michigan court case expected to finally decide the issue of gay marriage in all 50 states, one of the most contentious civil rights issues of modern times.

Shirkey says the “rhetoric in Indiana is unfortunate,” but that doesn’t mean critics are correct.

“I’m confident that people are vehemently supportive of making sure that government doesn’t infringe on religious freedom,” he said.

What’s Different Now?

Lawmakers in Michigan and other states considering religious freedom bills, including Arkansas and North Carolina, are doing so in a far different atmosphere than most of the other 19 states with similar laws.

In a blog post, Washington Post reporter Philip Bump points out that those laws were “passed well before the recent and dramatic swing toward support for gay marriage – and after a similar bill was vetoed by the Republican governor of Arizona.”

Gov. Jan Brewer vetoed the Arizona bill after business leaders and others warned of fallout similar to that currently raining on Pence.

Tell Us:

• Does the recent backlash in Indiana change your support for the Religious Freedom Restoration Act in Michigan?

Columnist Dickerson said the fierce response to the Indiana law, “and the proliferation of the #boycottindiana hash tag, should give pause to Michigan legislators hoping to pass their own Religious Freedom Restoration Act.”

And he’s not alone. Sandy Baruah, the CEO of the Detroit Regional Chamber, also hopes lawmakers are paying attention. So does a coalition of about 50 businesses and organizations that oppose the RFRA.

“I’m hoping that the news that Indiana is making will make the people pushing this legislation think twice about pushing it further,” Baruah said. “The business community is in a war for talent. We’re desperately trying to find the best and brightest to come and work in Michigan. And we want all talented people to feel welcome and encouraged to make Michigan their home.”

Snyder: LGBT Protection in Elliott-Larsen

The RFRA is a priority for some Republican senators, but isn’t a “top priority” for the GOP caucus, said Amber McCann, a spokeswoman for Senate Majority Leader Arlan Meekhof, R-West Olive.

Whether pro-business governor Rick Snyder would sign on of the three versions of religious freedom legislation before lawmakers is unclear. He said in an earlier interview that he would have been more inclined to support the legislation if it had been tethered to expansion of the Elliott-Larsen Civil Rights Act to include protections based on sexual orientation and gender identity.

“Without accompanying changes to the Elliott Larsen act, he’s indicated some concern about a standalone RFRA bill,” Snyder spokeswoman Sara Wurfel told the Free Press Monday. “I’d reiterate how strongly the governor feels about discrimination being wrong, plain and simple.”