Another Republican governor is backing off his support for a
controversial “religious freedom” bill that could legalize discrimination
against gays and lesbians.
Arkansas Gov. Asa Hutchinson said Wednesday that he would not sign his
state’s “Religious Freedom Restoration Act” unless it was changed
so it wouldn’t permit discrimination against the gay community.
“My responsibility is to speak out for my own convictions and do what I
can to make sure this bill reflects the values of the people of Arkansas,
protects those of religious conscience, but also minimizes the chances of
discrimination in the workplace and in the public environment,” Hutchinson
said.
“It’s been my intention all along … that the bill be crafted in a way
that mirrors the federal legislation,” he added. “The bill that is on my desk
does not precisely mirror the federal law.”
“Therefore, I ask that changes be made in the legislation,” Hutchinson
said, requesting that his state’s general assembly either recall the current
bill and put forth an amended replacement or propose additional legislation
that would include the necessary changes.
Hutchinson was referring to a 1993 federal law, signed by
President Bill Clinton, that aimed “to maximize the religious freedom of
individuals, provided there's no compelling government interest against it,”
New York Democratic Sen. Charles Schumer, who sponsored the bill then,
explained this week.
The federal bill was written in a response to a Supreme Court ruling
denying unemployment benefits to two Native Americans fired for testing
positive for a hallucinogenic drug they used in religious ceremonies and
included absolutely no language that could be used to justify discrimination
against gays and lesbians.
The Religious Freedom Restoration Acts in Arkansas and Indiana, on the
other hand, broadly bar statutes that "substantially burden" a
person's ability to follow their religious beliefs, leading critics to say that
they would effectively legalize
the refusal of services by business to gays and lesbians on religious
grounds.
Hutchinson attributed the growing controversy over the bills to a
national “split on how to balance the diversity of our culture with the
convictions of our closely held beliefs.”
The freshman governor, who took office four months ago, said there was
a “generational gap” among supporters and detractors of the law and that his
own son had asked him to veto the bill.
Previously, he had repeatedly vowed to sign it when it reached his
desk.
Hutchinson’s backtracking comes just a day after Indiana Gov. Mike Pence himself reversed course on his state’s law, and
as the CEO of Walmart — the world’s largest retailer and one of Arkansas’
biggest employers — implored Hutchinson to veto the bill.
“Every day in our stores, we see firsthand the benefits diversity and
inclusion have on our associates, customers and communities we serve,” Doug
McMillan, the president and CEO of Bentonville, Ark.-based Walmart said in a
statement issued late Tuesday. “It all starts with our core basic belief of
respect for the individual. Today’s passage of HB1228 threatens to undermine
the spirit of inclusion present throughout the state of Arkansas and does not
reflect the values we proudly uphold.”
Pence faced even more resistance to his own bill, which he signed into
law last week, than Hutchinson did, and on Tuesday, ordered the bill rewritten
so it wouldn’t permit discrimination.
His request, however, came only after a growing number of powerful
companies, including Apple, Angie’s List and the NCAA, called on him to clarify or repeal the law.
In addition, lawmakers across the country blasted Pence’s defense of
the legislation, with several Democratic governors, including New York’s Andrew Cuomo and Connecticut’s Dannel Malloy, signing bans on official state business
travel to Indiana.
