Wednesday, February 26, 2014

Arizona Businesses Can Already Refuse Gays, Kansas Senate Rejects Similar Bill

Fresh off concerns of anti-gay legislation in Russia during the Sochi Olympics, many gay rights activists are returning their attention back home, and realizing more than ever that the fight for equality is far from won in the United States.

While some states have legalized marriage and advanced gay rights more generally, other states are fighting such measures to the bitter end, apparently.

In Kansas, with the support and blessing of local Tea Party groups, the state House passed House Bill 2453, which essentially cloaked itself as a "religious rights" bill, but contained measures that would have legalized discrimination against homosexuals.

Specifically, House Bill 2453 reads as follows ("Kansas House passes bill to deny same-sex couples services" by Dana Ford, CNN, February 12, 2014: http://www.cnn.com/2014/02/12/us/kansas-bill-same-sex-services/index.html:)

"No individual or religious entity shall be required by any governmental entity to do any of the following, if it would be contrary to the sincerely held religious beliefs of the individual or religious entity regarding sex or gender: 

"Provide any services, accommodations, advantages, facilities, goods, or privileges; provide counseling, adoption, foster care and other social services; or provide employment or employment benefits, related to, or related to the celebration of, any marriage, domestic partnership, civil union or similar arrangement."

The state Senate defeated the bill, though, and it is now DOA.

Not so in Arizona, which is, once again, making waves with controversial legislation that is making some wonder just how far the state has progressed in it's general mindset since the days when Jim Crow laws existed there (yes, there were segregation laws in this state, although it is not usually identified with the "Solid South").

Arizona is no stranger to these kinds of controversies, as it has been mired with similar controversy in the fairly recent past about policies that many believe reinforces bigotry within the state. Arizona was among the last states to recognize Martin Luther King Day as a holiday back in the nineties. More recently, it passed a highly controversial and fiercely contested anti-immigration bill that many felt legalized a new form of discrimination. And now, this anti-gay bill seems to be more of the same. Many people fear that the image of Arizona from the outside will be hurt, that it's reputation as a place where bigotry triumphs is already a reality.

To that end, there is already speculation that the state could lose the Super Bowl, which Arizona is set to host next year. The NFL expressed their opposition to the bill, but refused further comment until Jan Brewer does something - either signing the bill into law, or vetoing it. But Arizona lost a Super Bowl that it had been rewarded already in the past, after the NFL rewarded the 1993 Super Bowl to Pasadena, when as punishment for Arizona still refusing to recognize MLK Day as an official holiday.

More recently, the passage of the anti-immigration bill had many outsiders beginning a campaign to "Boycott Arizona".

Now, this bill, which has once again thrust Arizona into the national spotlight, for all the wrong reasons ("Arizona governor returns home amid furor over bill" by Bob Christie of the Associated press, February 26, 2014: http://news.yahoo.com/arizona-governor-returns-home-amid-furor-over-bill-234729748.html):

"The legislation has caused a national uproar. The chorus of opposition has grown each day, with the business community, the state's Super Bowl Committee and both Republican U.S. senators calling for a veto. Former GOP presidential nominee Mitt Romney was the latest prominent voice to weigh in and urge Brewer to veto the bill."


Strangely, some who voted in favor of it recently are now asking Jan Brewer to veto it, although they also strongly suggest that the bills opponents are exaggerating the effects of the bill ( "Arizona governor returns home amid furor over bill" by Bob Christie of the Associated press, February 26, 2014: http://news.yahoo.com/arizona-governor-returns-home-amid-furor-over-bill-234729748.html):

"Some Republican senators who pushed the bill through the Legislature are now calling for a veto as well, but they cite "inaccurate" information about the measure for igniting a firestorm. They argue the bill is designed only to protect business owners with strong religious beliefs from discrimination lawsuits that have happened in other states. Some blame the media for blowing the law out of proportion."

It remains to be seen what the reaction would be if, indeed, this bill is signed into law by the governor. But the possibility that it would lose the Super Bowl, as well as lose business and face more boycotts of some sort or another, would most assuredly grow.

Yet, for all of the wrangling about this bill, it is interesting to note that it is putting into law something that already essentially exists: the right of businesses to refuse gays. According to a recent article by Paresh Dave

"Legal experts also said SB 1062 is redundant because, under Arizona law, gays have no special protections at businesses and public accommodations. In other words, businesses don't need protection for something they can't be sued for."

So, in effect, the bill is redundant, because it is just making official something that already exists. More symbolic, or perhaps even political posturing, than substantive.

Governor Jan Brewer has until Saturday to sign the bill into law, or veto it, or possibly even to ignore it.

In the meantime, these kinds of bills may begin to gain momentum in other states, flirting with similar style measures to discriminate against gays. Who knows which state is next? Mississippi, maybe, or Alabama? Some other state, perhaps.

Let's see what happens.




These are the articles that I used to write this particular blog entry:


"Arizona businesses already can refuse to serve gays: SB1062 explained" by Paresh Dave of The Los Angeles Times, February 22, 2014:

http://www.latimes.com/nation/nationnow/la-na-nn-arizona-gays-sb-1062-20140222,0,2958198.story#ixzz2uQby0Ud1


"Wary Arizona businesses urge veto of anti-gay bill" by Cindy Carcamo of The Los Angeles Times, February 22, 2014:

http://www.latimes.com/nation/nationnow/la-na-nn-ff-gay-rights-arizona-20140221,0,1812097.story#axzz2uMuzlBRU



"Arizona Congressional Delegation Speaks Out Against Anti-Gay SB 1062" by Amanda Terkel, 24, 2014:

http://www.huffingtonpost.com/2014/02/24/arizona-sb-1062_n_4847415.html




"Arizona worried legislation could cost state Super Bowl XLIX" by Laurie Merrill and Peter Corbett, both of The Arizona Republic, February 25, 2014:

http://www.usatoday.com/story/sports/nfl/super/2014/02/25/arizona-super-bowl-xlix-religious-rights-legislation-jan-brewer/5810755/


"Arizona governor returns home amid furor over bill" by Bob Christie of the Associated press, February 26, 2014:

http://news.yahoo.com/arizona-governor-returns-home-amid-furor-over-bill-234729748.html


"Kansas House passes bill to deny same-sex couples services" by Dana Ford, CNN, February 12, 2014:

http://www.cnn.com/2014/02/12/us/kansas-bill-same-sex-services/index.html


"Kansas goes off the deep end with an anti-gay bill" Op/Ed piece by Michael McGough of The Lost Angeles Times, February 15, 2014:

http://www.latimes.com/opinion/opinion-la/la-ol-kansas-legislation-gay-marriage-religion-20140214,0,6718807.story



"Kansas Tea Party group urges state senators to legalize discrimination against LGBT citizens" by Scott Kaufman of The Raw Story, Monday, February 24, 2014:

http://www.rawstory.com/rs/2014/02/24/kansas-tea-party-group-urges-state-senators-to-legalize-discrimination-against-lgbt-citizens/


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