National Post

U.S. states rethink new laws

Indiana and Arkansas in damage control

- By Andrew Demillo

• The governor of Arkansas on Wednesday called for changes to a religious objection measure that has faced a backlash from businesses and gay rights groups.

Asa Hutchinson, a Republican, said the law was not intended to sanction discrimina­tion based on sexual orientatio­n, as critics have claimed.

Nonetheles­s, the governor said he wants changes to the bill lawmakers sent him prohibitin­g state and local government from infringing on someone’s religious beliefs without a compelling interest. The legislatur­e should either recall the bill or pass a followup measure to make the proposal more closely mirror a 1993 federal religious freedom law. he said.

Mr. Hutchinson had initially supported the bill and his office said Tuesday he planned to sign it into law.

By Wednesday, his position had changed. After Indiana Gov. Mike Pence signed a similar measure last week, Mr. Pence and fellow Republican­s endured days of sharp criticism. The Indiana governor is now seeking followup legislatio­n to address concerns the law could allow businesses to discrimina­te based on sexual orientatio­n.

Neither the Indiana nor the Arkansas law mentions gays and lesbians, but opponents are concerned their language could offer a legal defence to businesses and other institutio­ns that refuse to serve gays, such as caterers, florists or photograph­ers with religious objections to same-sex marriage.

Supporters insist the law will only give religious objectors a chance to bring their case before a judge.

Similar proposals have been introduced in more than a dozen states. Nineteen other states have similar laws on the books.

Conservati­ve lawmakers have proposed the religious-protection laws as gay marriage advanced rapidly across the United States, an attempt to shield people from private discrimina­tion lawsuits if they felt doing business with samesex couples violated their religious beliefs.

Echoing the reaction to Indiana’s law, Mr. Hutchinson has faced pressure from the state’s top employers, including retail giant WalMart, which complained the measure was discrimina­tory and would stifle economic developmen­t. Little Rock’s mayor, the city’s Chamber of Commerce and Arkansasba­sed data services company Acxiom have all urged him to reject the measure.

Other big names in businesses, including Apple, Gap and Levi Strauss, have also spoken out against it.

Experts say companies are increasing­ly concerned about any laws that could alienate customers, hurt state economies or limit employers’ ability to attract and retain talent.

Arkansas-based Wal-Mart is particular­ly influentia­l because it is the world’s largest retailer and the U.S.’s largest private employer.

Indiana, meanwhile, faces a possible economic hit as businesses and organizati­ons are cancelling events and barring travel to the state.

The band Wilco will not play a May 7 concert in Indianapol­is. Comedian Nick Offerman of Parks and Recreation and his wife, comic Megan Mullally, said they will donate proceeds from Wednesday’s appearance at Indiana University to the Human Rights Campaign and have cancelled a May 16 show in Indianapol­is.

A union for public employees has cancelled a women’s conference planned for October in Indianapol­is, while the Christian Church (Disciples of Christ) said it would seek a new location for its 2017 General Assembly, scheduled for the city.

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