Idaho bill would protect businesses refusing service on religious grounds

Proposed legislation would prevent professional licenses from being revoked for religiously motivated conduct.

Storified by AJAMStream· Wed, Jan 29 2014 14:18:07

Luker explained the motivation for introducing the legislation in a blog post

With government mandates of all types forcing religiously faithful people to violate the tenants of their faith, including the forced subsidizing of contraceptives and termination of life, interference with faith based counseling, and compelled participation in same gender weddings, concern about refusing such mandates prompted the bill to protect the right to earn a living while staying true to a person’s faith.lynnmluker.com

Luker was unaware of any current challenges to professional licenses in Idaho that would benefit from such a law, but the representative called the legislation "pre-emptive," according to the Associated Press.



The state representative cited legal battles in Oregon and New Mexico after businesses refused services to same-sex couples, and said the issue would be coming to Idaho as well. Unlike those states, Idaho's Human Rights Act has no protections based on sexual orientation, though some cities have adopted ordinances explicitly banning discrimination on those grounds.

Some of Luker's fellow legislators felt the implications would be too far-reaching. Rep. Holli Woodings questioned the application of the potential law, Some of Luker's fellow legislators felt the implications would be too far-reaching. Rep. Holli Woodings questioned the application of the potential law, asking what would happen if the only driver's education business in an area was run by someone who believed that women shouldn't drive. Another pointed out that doctors who received state funding for their education could refuse service based on sexual orientation.

Idahoans shared their thoughts online, with some who were very critical of the proposed legislation.

Will Hay - Will Hay's Photos | Facebookfacebook.com

So, since a business will not serve someone who they consider is a sinner, we should all NOT do business there because we are ALL sinners! Sounds like a deal to me!Robbie Quintana

#Idleg Luker & christian homophobes want 2 legalize faith based hate using Govt legisltion as a tool 2 force extremist beliefs on #IdahoWild West

Others felt that businesses should have the right to refuse service if they so choose.

I'm gay. But I'm also a business owner. I do believe in constitutional rights. Personally, and I know some will disapprove of me saying this, I think they have the right. It is THEIR business. I feel sad that we can't all just accept one another though. I, as a business owner am open to ALL people. But is it the owner's right? Yes I believe it is.Rod Taylor

Heidi--you are missing the point. Without this bill or a similar bill, any business owner could be fined, jailed or put out of business if they disagree with something they see as immoral. I guess you are OK with this.Jeannine Howard

Withholding your patronage is a perfectly legitimate way to express your convictions. Using state power to compel them to offer goods or services is not.William N. Grigg

The full text of House Bill 426 is below:

What do you think about the proposed bill? Leave a comment below.