I don’t usually blog about political issues, but this one is related to my research on prejudice, discrimination, and moral exclusion from the scope of justice.
It has been an interesting week here in Arkansas. The state legislature, not known to be a bastion of acceptance toward difference from a Christian, Western, heterosexist, capitalist worldview, has now passed the law HB 1288, deceptively titled “the religious freedom restoration act,” also known as “Mary’s law.” You can read the (alarmingly brief) bill here.
Here’s what the law says: Any governmental entity in the state (e.g., state, county, city) can’t enforce laws that, even if “neutral” toward religion, “burdens” the exercise of an individual’s religious beliefs (even if those beliefs are not compulsory or central to the religion). Interestingly, prisons are exempted from the law. By “burden” the law means “to prevent, inhibit, or curtail religiously motivated practice consistent with a sincerely held religious belief.” There is an exemption for laws that are “essential” for a “compelling governmental interest” AND are the “least restrictive” to achieve that interest.
So what does this mean to most of us? Likely not much. But, what does it mean to some of us, who are among minority populations? Maybe a lot.
The major issue raised has been that of religions that denegrate and demonize the behavior of alternative sexualities: gay, lesbian, transgender. So, for example, if I was a Christian who owned the only event hall in town, I might be able to refuse to rent the space for a wedding between same-sex people. Similarly, if I was a radical fundamentalist Muslim who owned that event hall, I may prohibit rental to Christians as “infidels.” Either way, that would mean no reception unless I was willing to travel to another town.
A more insidious outcome might be the establishment of separate facilities and businesses that only catered to people who didn’t violate the owners’ “sincerely held religious beliefs” as the law calls them.
On a more practical level, the law moves Arkansas away from the growth economies that we need to supplement agriculture and mining. Companies who need to attract the best and brightest talent from around the country can’t move to a state that codifies laws that are regressive toward civil rights. A good argument about this is made by the former head of the Arkansas Economic Development Commission. Here is a link to a powerful open letter from him about these effects:
His letter is bolstered by the fact that many of the largest corporations in the country, including Apple, have called on Arkansas not to pass the bill. It is telling that even the CEO of Walmart, based here in Arkansas, and the nation’s largest employer, has denounced the bill as it “sends the wrong message about Arkansas.”
Well, we will know in a few hours if the governor will endorse a potentially economically damaging piece of legislation. Not to mention one that further tells people in Arkansas with alternative sexualities that their right to the pursuit of happiness is not worth protecting.
EDIT: The governor just announced that he wants the legistalive branch to recall the legislation and make changes to bring it in line with the widely-accepted federal legislation. That is a good step. He wants us to make clear to the world that Arkansas is a good place to do business. Sadly, I think much of the damage has been done. But, he did not explicitly veto it, perhaps to avoid an override vote. If the legislature thumbs their noses at him, there is not much he can do save for vetoing and risking an override, or not sign it in which case it becomes law 20 days after the legislature adjourns.