Republican Arkansas Governor Asa Hutchinson on Wednesday rejected a religion bill he had said he would sign into law, reversing course after a firestorm of criticism assailing such legislation as discriminating against gays and lesbians.
In a news conference at the Capitol in Little Rock, Mr. Hutchinson said he was sending the Religious Freedom Restoration Act (RFRA) back to the Republican-controlled legislature to be rewritten to better balance tolerance for diversity and protections of religious freedom. The Governor said his own son had asked him to veto it, adding a personal element to the intense pressure to reject the bill he had already faced from businesses such as Arkansas-based Wal-Mart Stores Inc, the world’s biggest retailer.
While Mr. Hutchinson spoke, scores of protesters outside waved the rainbow flag of the gay rights movement.
Mr. Hutchinson’s reversal came a day after Indiana Governor Mike Pence, also a Republican, said he was sending his State’s new RFRA back for the same reason. Mr. Pence faced national outrage after he signed Indiana’s bill into law last week.
On Wednesday, Republican lawmakers in his State met with leaders of the lesbian, gay, bisexual and transgender (LGBT) community to see how they could modify the law to protect their community from potential discrimination.
The rewritten law could be ready as early as Thursday, said Tory Flynn, spokeswoman for Indiana House Speaker Brian Bosma.
Twenty U.S. States and the federal government have RFRAs, which allow individuals to sue the government if they believe their First Amendment religious rights have been violated. But those in Indiana and Arkansas go further, allowing lawsuits between private parties. That raised the possibility that businesses such as florists or photographers could use the law as a defence if they are sued for refusing to provide services for same-sex weddings. Texas is the only other State with a similar provision.
Mr. Hutchinson said he was asking lawmakers to bring the Arkansas RFRA in line with the federal one, which does not include the language on lawsuits between private parties.
Critics see the crafting of the bills in Arkansas and Indiana as a pushback against the expansion of gay-marriage acts to most States last year.
Earlier story by our Washington correspondent Narayan Lakshman:
Arkansas becomes second State to pass ‘religious freedom law’
The U.S. State of Arkansas has followed closely on the heels of Indiana to pass a “religious freedom” law despite criticism that it effectively legalises anti-LGBT discrimination by commercial businesses and other organisations.
This week Arkansas’ Republican-led House passed Bill 1228, which prohibits government officials from infringing on a person’s religious beliefs without a “compelling” interest.
Although at least 19 U.S. States and the federal government have religious freedom laws, anti-discrimination laws in either State do not cover sexual orientation.
After Indiana’s Republican Governor Mike Pence signed the religious freedom bill into law last week critics hit out at the legislation saying it could allow a company to deny any individual a service, based on a religious belief, and these circumstances could be used as a viable legal defence.
A frequently invoked example highlighting the potentially discriminatory outcomes of the laws in the two States is of a baker refusing a wedding cake order from a gay couple.
Even as Arkansas’ bill awaits approval by Republican Governor Asa Hutchinson, who has thus far indicated that he is of mind to sign it into law, a backlash against the law in Indiana garnered support from industry heavyweights such as Apple CEO Tim Cook and Walmart CEO Doug McMillon. Mr. Cook tweeted about the bills in both States, “Apple is open for everyone. We are deeply disappointed in Indiana’s new law and calling on Arkansas Gov. to veto the similar #HB1228.”
In a statement, Mr. McMillon urged Governor Hutchinson to “veto this legislation,” adding that the law would “undermine the spirit of inclusion” in the State and “does not reflect the values we proudly uphold.”
Following the outcry regarding Indiana’s law, including criticism from the White House that it “flies in the face of [American] values,” Governor Pence and his colleagues in the legislature argued the bill was similar to a 1993 federal law signed by former President Bill Clinton.
White House Press Secretary Josh Earnest refuted this claim, arguing, “Governor Pence falsely tried to suggest the law is the same as the 1993 law. That is not true.”
