By Aubree Abril, Brandon Kutzler and Matt Longdon
The Arizona Legislature passed a controversial bill Thursday that would allow businesses to refuse service based on religious principles, upsetting downtown business owners and community members who believe this bill could be used to discriminate against gay people.
“It is a big step in the wrong direction,” said Stacey Champion, a downtown-based advocate for sustainability and social justice. “If businesses are going to choose to discriminate against people, they should do it publicly so that the public has the right to know about it.”
The bill is awaiting action by Arizona Gov. Jan Brewer.
The bill expands the protection of religious rights for individuals and businesses, something supporters say strengthens a person’s right to the free exercise of religion in the state. They said the bill has also been unfairly distorted.
“This bill deals with protecting people’s ability to say ‘I do not, I cannot participate in certain structures or in certain ceremonies, in certain things that go against my religious freedoms,'” said Rep. Steve Montenegro, R-Avondale, during committee. “This isn’t about hatred. This isn’t about going after people.”
The House Committee of the Whole debated the bill for about two hours on Thursday, with Democrats proposing 17 amendments to the bill that all failed.
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The legislation expands and clarifies the definition of exercise of religion to include the practice of religion and the observance of religion. It also applies the state’s freedom of religion protection to not only individuals, but to businesses, churches, corporations, partnerships and associations.
The bill also allows a person to assert their right to free exercise of religion even if the government isn’t involved, but only if they demonstrate that their action (or refusal to act) was motivated by a religious belief, that they really have that religious belief and that their ability to exercise their religious beliefs has been substantially burdened.
“This deals with religious freedom and people exercising their religious beliefs,” said bill sponsor Rep. Eddie Farnsworth, R-Gilbert. “There’s no subjugation. There’s no attacking. There’s no abuse. There’s no persecution. None of that is going to exist because of this bill.”
However, Dan Pochoda, lead attorney for the American Civil Liberties Union of Arizona, said the bill was pushed by the American Legislative Exchange Council, a politically conservative nonprofit organization that has become controversial for its role in public policymaking. In Arizona, it was involved with writing and passing Senate Bill 1070 in 2010.
“We’re very much opposed to this proposal,” Pochoda said. “It is intended to and will encourage discrimination against members of the LGBTQ community. It is a proposal that has been pushed by religious zealots and ALEC throughout the country.”
Crescent Ballroom was among many businesses that opposed the legislation via social media and urged its followers to call Brewer and ask her to veto the bill.
“We’re hoping that the bill is vetoed because I feel our job is to bring art and music to the general public,” Crescent Ballroom owner Charlie Levy said. “I would hate for anyone in any instance to not be able to go see art or music because the owner of the establishment can basically say ‘Because of my belief, I’m not going to let you in for you’re gay.'”
Levy said he thinks Arizona voters aren’t aware of what’s going on with local politics until it’s too late, and legislators are passing bills on the wrong issues.
“Of all the issues and problems that are facing Arizona today, it baffles my mind that officials are passing laws in regard to this,” he said. “I wish they would take the time to focus on real, everyday problems that exist within our communities.”
GreenHaus Gallery and Boutique owner Cole Reed said the legislation is a sign that the state is “going backward.”
“Being a business owner, a woman of color and married to a woman, it makes me sad that the state I pay taxes in and own a property in doesn’t let me be who I am,” she said.
About 75 people gathered at the state Capitol Thursday night to rally against the bill. They held signs, chanted “veto” and waved rainbow flags trying to influence the governor to veto the legislation.
“I’m here because, as a citizen of Arizona and a citizen of Phoenix and a voting member of this society, I don’t want to be treated like a second-class citizen,” protester Michelle Teishner said. “As a Jew, I don’t want to be discriminated against and have it be legal because some numbskull’s religious views are different than mine.”
Rep. Ruben Gallego, D-Phoenix, spoke to the protesters and encouraged them to organize.
“It’s not representative of what the people in Arizona really truly believe,” Gallego said. “It’s just a shame that a level of extremism has taken over our political body that doesn’t quite understand where the history of society and equal justice is going. In the process, they’re dragging down Arizona.”
Organization of the protest began Wednesday night after the passing of SB 1062. Members of Human and Equal Rights Organizers gathered Thursday at Harley’s Italian Bistro on Seventh Avenue north of Indian School Road to discuss how to move forward with the issue.
“You can pay your taxes, but you don’t get equal treatment under the law for those same taxes,” HERO co-chair Lee Walters said.
HERO set an additional protest at the Capitol for today at 4 p.m.
Becky Brisley, Travis Arbon, Sophia Kunthara and Kristy Westgard contributed to this article.
Contact the reporters at aubree.abril@asu.edu, bkutzler@asu.edu, mlongdon@asu.edu
