An Idaho state lawmaker says he’s concerned about cases in other states where people have refused to do business with others on religious grounds.
Rep. Lynn Luker (R-Boise) is quoted by the Spokesman-Review as saying he’s concerned about cases in other states, including a New Mexico wedding photographer who refused to photograph a same-sex marriage and faced penalties.
Luker argues that a “pre-emptive” move is necessary in Idaho. He has introduced a measure in the Idaho House of Representatives that he says will protect licensed professionals from being “legally harassed” for acting upon their religious beliefs.
Luker has introduced House Bill 426. The measure has been referred to a House State Affairs Committee and is pending a hearing.
Luker says the measure applies to dozens of licensed professional/occupational positions – everything from chiropractors and counselors to barbers and buses.
The Idaho Statesman quotes Luker as saying “If you make a decision (to refuse service or not to participate) based on sincerely held religious beliefs, to act or not act, you cannot lose your license.” He adds: “It doesn’t mean you can’t be fired from your job. It doesn’t mean you can’t be sued for discrimination.
The measure is generating support from conservative Christians in the state, including the Cornerstone Family Council.
The organization promotes pro-family values in Idaho and is associated with Focus on the Family, the Family Research Council, the Alliance Defense Fund and 24 other family policy councils across the nation.
Cornerstone Family Council executive director Julie Lynde has been quoted by the Christian Post about what she feels are the purposes of this legislation, should it become law.
“This legislation does cover issues in which participating in an event such as legal work for same sex adoptions, or fertility treatments for [same-sex] couples could be an issue; but it would also cover issues in which a licensed caterer, who for religious reasons, only serves kosher food and is required by a client to serve non-kosher items,” said Lynde.
Lynde stated “H[B]426 covers more religious freedom issues than simply those created by a conflict between homosexual demands and sincerely held religious convictions.”
Lynde has also told the Christian Post she says the bill protects licensed professionals by providing “the First amendment rights of conscience.”
“Our first freedom, the free exercise of religion has been enshrined in our Constitution since the Founders gave their lives, fortune and sacred honors to create a country that allowed citizens to thrive without threat of religious persecution,” said Lynde.
She says she is very concerned about medical professionals and social workers who are “having their very ability to work in the profession for which they have labored, threatened by a politically correct mindset.” She says too many people consider religious convictions a second-class freedom.
“No occupational licensing board or governmental subdivision or entity shall deny, revoke, or suspend a person’s professional or occupational license, certificate or registration for … Declining to provide or participate in providing any service that violates the person’s sincerely held religious beliefs or exercise of religion except where performing emergency response duties for public safety,” the bill reads in part.
The American Civil Liberties Union of Idaho is challenging the legislation.
“Idaho already has a Religious Freedom Restoration Act and laws that allow religious defenses in the professional license and religious land use context,” said Kathy Greismyer, community outreach manager with the Idaho ACLU.
“In the end, it will only create a legal and bureaucratic mess during a time that Idaho businesses need to operate, without a constant threat of litigation, and grow out economy,” she added.
Griesmyer added that HB 426 simply created a “right to discriminate.”
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