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Arkansas governor wants religious freedom bill recalled, won’t sign in present form

Arkansas governor wants religious freedom bill recalled, won’t sign in present form
Arkansas Gov. Asa Hutchinson answers reporters' questions as Sen. Jonathan Dismang, R-Beebe, background, listens at the state Capitol in Little Rock, Ark., Wednesday, April 1, 2015. Hutchinson called for changes to the state's religious objection measure facing a backlash from businesses and gay rights groups, saying it wasn't intended to sanction discrimination based on sexual orientation.
Arkansas Gov. Asa Hutchinson answers reporters’ questions as Sen. Jonathan Dismang, R-Beebe, background, listens at the state Capitol in Little Rock, Ark., Wednesday, April 1, 2015. Hutchinson called for changes to the state’s religious objection measure facing a backlash from businesses and gay rights groups, saying it wasn’t intended to sanction discrimination based on sexual orientation. Danny Johnston, AP

Updated: 10:30 p.m. CDT LITTLE ROCK, Ark. — Arkansas Gov. Asa Hutchinson backed away Wednesday from his promise to sign a controversial religious objections bill, bowing to pressure from critics of the measure, including his own son and some of the state’s biggest employers, who say the legislation is anti-gay. The Republican governor said he wants the Legislature either to recall the bill from his desk to amend it or pass a follow-up measure that would make the proposal more closely mirror a federal religious freedom law. Arkansas lawmakers moved quickly to advance a new version aimed at addressing the governor’s concerns. Hutchinson said his son, Seth, was among those who signed a petition asking him to veto the bill. “This is a bill that in ordinary times would not be controversial,” the governor said. “But these are not ordinary times.” Hutchinson initially supported the bill, and on Tuesday, his office said he planned to sign it into law. Hutchinson said Wednesday he’s still committed to signing a religious freedom measure but wants it consistent with the federal law. “What is important from an Arkansas standpoint is one, we get the right balance. And secondly, we make sure that we communicate we’re not going to be a state that fails to recognize the diversity of our workplace, our economy and our future,” Hutchinson said at a news conference at the state Capitol. He was the second governor in as many days to give ground to opponents of the legislation. After Indiana Gov. Mike Pence signed a similar measure last week, Pence and fellow Republicans endured days of sharp criticism from around the country. The Indiana governor is now seeking follow-up legislation to address concerns that the law could allow businesses to discriminate based on sexual orientation.

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Hutchinson also faced pressure from the state’s top employers, including Bentonville-based Wal-Mart Stores Inc., which has asked for the bill to be vetoed. Little Rock’s mayor, the city’s Chamber of Commerce and Arkansas-based data-services company Acxiom have all urged the governor to reject the bill. Other big names in business, including Apple, Gap and Levi Strauss, have also spoken out against the religious objections measures. 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. Walmart is particularly influential because it is the world’s largest retailer and the nation’s largest private employer. Continue reading
Kristen Hooper, center, and Robert Loyd, right, hold a sign on the steps of the Arkansas state Capitol thanking Arkansas Gov. Asa Hutchinson for calling for changes to a religious objection measure in Little Rock, Ark., Wednesday, April 1, 2015.
Kristen Hooper, center, and Robert Loyd, right, hold a sign on the steps of the Arkansas state Capitol thanking Arkansas Gov. Asa Hutchinson for calling for changes to a religious objection measure in Little Rock, Ark., Wednesday, April 1, 2015. Danny Johnston, AP
[ Previous ] Neither the Indiana nor Arkansas law specifically mentions gays and lesbians, but opponents are concerned that the language contained in them could offer a legal defense 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 this year in more than a dozen states, patterned after the federal Religious Freedom Restoration Act of 1993, with some differences. Indiana and 19 other states have similar laws on the books. Hutchinson did not specifically call for changes that would prohibit the law from being used to deny services, but the governor said he did not believe the bill was intended to do so. “This law that is under consideration does not extend discrimination,” Hutchinson said. Legislators face a short window to act. The governor has five days after the bill is formally delivered to him to take action before it becomes law without his signature.

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By Wednesday night, the Senate had approved a new version of the bill by a 26-6 vote. The Senate moments later approved a separate, identical version of the compromise bill by a 26-0 vote. A House panel was expected to take up the proposal Thursday, with supporters hoping to put it up for a final vote later that day. One of the lawmakers behind the original religious objections bill said he supported the changes, even though he preferred the initial measure. “This is a good opportunity, and I feel like it protects the citizens of the state of Arkansas that they’ll be able to believe what they want to believe without government interference,” Republican Rep. Bob Ballinger of Hindsville said. The revised proposal would only address actions by the government, not by businesses or individuals. Supporters of the amended version said the change means businesses denying services to someone on religious grounds could not use the law as a defense. Continue reading
Demonstrators attend a rally on the steps of the Arkansas state Capitol in Little Rock, Ark., Tuesday, March 31, 2015, in protest of a bill that passed in the state House that critics say will lead to discrimination against gays and lesbians.
Demonstrators attend a rally on the steps of the Arkansas state Capitol in Little Rock, Ark., Tuesday, March 31, 2015, in protest of a bill that passed in the state House that critics say will lead to discrimination against gays and lesbians. Danny Johnston, AP
[ Previous ] Opponents of the law were encouraged by Hutchinson’s comments. “What’s clear is the governor has been listening,” said Chad Griffin, president of the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender rights group. Now opponents have to “keep the pressure on,” he said. Conservative groups that sought the measure questioned the need for any changes. “I’m very puzzled at this point to see why the bill would need to be amended at this late date, considering everybody in the chamber has had a chance to see it,” said Jerry Cox, head of the Arkansas Family Council. “I think it’s been thoroughly vetted, and it’s a good law.” In Indiana, Republican legislative leaders huddled behind closed doors for hours with Pence, business executives and other lawmakers, but did not come to an agreement on how to clarify the law. House Speaker Brian Bosma and Senate President Pro Tem David Long indicated they hope to have language ready for possible votes Thursday. The Indianapolis Star, which obtained a draft of the proposed language, reported that it would specify that the law cannot be used as a legal defense for refusing to provide services, goods or accommodations based on a person’s sexual orientation.

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Also in Indianapolis, the NCAA faced a decision about whether to call for next year’s women’s Final Four to find a new venue. The NCAA was among the first sports organizations to express concern with the law when Pence signed it, and many others have followed, including the NFL, the NBA and NASCAR. The men’s Final Four is in Indianapolis this weekend and could not have been moved on short notice. But officials have made it clear there is enough time to consider relocating future events. Video of Hutchinson’s news conference is here
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Arkansas governor Asa Hutchinson announced Wednesday he will not sign a controversial religious freedom bill in its present form, and has asked the legislature to recall and revise the bill.

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