Missouri AG candidate proposes religious exemption law
Republican Josh Hawley claims exemptions for same-sex marriage are only way to avoid a "culture war"
It’s become the classic “dog bites man” storyline: Another Republican politician is urging state lawmakers to pass legislation that would provide special religious exemptions for ministers, churches and private businesses that do not wish to participate in same-sex marriages.
Missouri Attorney General candidate Josh Hawley wrote earlier this month to lawmakers in Springfield to express his support for legislation that would provide “targeted protections” for people with “sincerely held religious beliefs,” the Columbia Daily Tribune reports. But Hawley also said that his goal is not to create a broad protection that would allow business owners to deny service to same-sex couples. Rather, his ideal legislation would provide protections only for those with religious or moral objections who wish to avoid participating or contributing to a same-sex wedding ceremony.
Hawley, an associate law professor at the University of Missouri, has floated the proposal as he seeks the GOP nomination for attorney general. According to Hawley, providing religious exemptions is the only way to avoid a “culture war” over same-sex marriage and LGBT rights. But his primary opponent, Sen. Kurt Schaefer, says the proposal shows a flawed understanding of Missouri’s current law.
“It’s easy for him to roll these things out,” Schaefer said. “But for somebody who is supposed to be a law professor at the University of Missouri, I don’t think he has a good handle on what that law is.”
LGBT rights advocates — and even some conservative lobbying groups and lawmakers — say that current law already allows businesses to legally discriminate against LGBT people. Furthermore, churches and ministers are already protected from performing actions that violate their conscience by the First Amendment of the U.S. Constitution.
“Unfortunately, Missouri does not protect same-sex couples or transgender people in any public accommodation,” said Steph Perkins, the interim executive director of PROMO, a gay, lesbian and transgender rights group based in St. Louis. “No one should have the right to discriminate based on sexual orientation or identity.”
Even the spokesman for the conservative Catholic Conference admits there’s little need for a law like the one Hawley is proposing.
“I just don’t see Catholic priests being forced to marry people of other faiths,” said Mike Hoey, executive director of the Missouri Catholic Conference. “I just don’t see that as an issue.”
The Missouri General Assembly returns to work on Jan. 6. But it is unclear whether legislators will introduce bills dealing with the religious exemption, which would essentially just make explicit the conscience protections that already exist for religious institutions. According to a list of pre-filed bills for the 2016 legislative session, no such bill has been introduced just yet.
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