Arizona’s leaders and hopeful leaders are speaking out on the controversial legislation, SB0162, which passed through the legislature last week and awaits the Governor’s action. While Brewer is seeing which way the wind blows, others are speaking out for and against the law.
As background, attorney Kory Langhofer presented his analysis of SB1062 in a prepared statement sent to the media on Friday afternoon, in which he made the case that many of the examples of its potential effects could have are “largely unfounded.” For example, claims that the legislation would permit a business to discriminate against someone because of their gender, race or religion aren’t true, because those are federally protected classes and federal law would trump Arizona law in such cases.
“There is one significant caveat, however: The proposed bills likely would, in narrow circumstances, give private parties greater latitude in discriminating on the basis of sexual orientation,” Langhofer wrote. Although state law doesn’t include sexual orientation as a protected class, some municipalities do.
“As discussed above, current Arizona law already gives religious institutions the right to object to such laws if enforced by the government – but the pending bills would allow individuals and non-religious institutions to object to the enforcement of such laws, and would allow religious objections even if a law is being enforced by a private party,” he wrote.
Langhofer concluded there are three possible effects on the business community. First, businesses that are “operated according to religious principles” would have their rights strengthened. Second, the law “would likely expose Arizona businesses to an increased risk of litigation arising from religious beliefs.”
Specifically, businesses attempting to implement a municipal non-discrimination ordinance could be sued by an employee who believes doing so violates his religious belief, though he characterized the effect as “marginally” increasing the risk of such litigation (He noted that, if the bills were amended to require the government to defend the implementation of a local policy, and not the business, financial exposure to businesses would be limited).
However, an amendment to do that – and to permit the court to award either injunctive or declaratory relief, but not mandate both – was rejected by CAP and Yarbrough, Langhofer wrote.
Finally, the bill has and will continue to generate negative publicity if it becomes law. “Although it is not possible to reliably test and quantify the indirect effects of legislation, many leaders in Arizona’s business community have expressed concern that additional negative publicity would materially discourage tourism dollars and out-of-state business from coming to Arizona,” he wrote.
Also chiming in on SB1062 include candidates and community organizations:
Republican gubernatorial candidate Mayor Scott Smith Statement re SB1062:
“As a Christian conservative, I am very troubled that religious rights are being trampled as part of the current debate on changes in our society. But, I am also a member of a church that has experienced severe persecution because of its beliefs. I firmly believe that discrimination or bigotry in any form is unacceptable. I am concerned that SB1062 carries the real potential for unintended legal consequences that could negatively impact our most basic rights, including the freedom of religion. This bill also could have a detrimental impact on Arizona’s business environment at a time when our economy is still fragile. Our state must keep focused on creating jobs and building a strong future for our children.”
Christine Jones, candidate for Governor:
“I support protecting the First Amendment and believe that government must not dictate to private business owners or professionals that they must violate their long-held religious convictions. To the extent SB 1062 strives to affirm that fundamental truth, I agree. However, I strongly urge the state legislature, and its leadership, to focus its time and energy on policy development that will help stimulate Arizona’s economy, lay a foundation for job creation, and improve Arizona’s reputation on the national and international stage. SB 1062 will simply be used to caricature our state and hurt our economic growth and should, for that reason, be withdrawn.”
Fred Duval Candidate for Governor released the following;
“If I were governor, I wouldn’t have waited for this bill to get to my desk. I would have stopped it before it passed. I would have made it very clear to the legislature that they shouldn’t bother sending me this legislation. This bill won’t solve any of the problems facing Arizona families; it won’t create jobs or improve education. In fact, it will be a job killer. It’s going to hurt our businesses and hurt our state’s reputation across the country — it’s just plain wrong.
“I urge Governor Brewer to consider the opinions of Arizonans such as Senator John McCain, who has said he wouldn’t support SB 1062, and organizations such as the Greater Phoenix Economic Council, which called this bill ‘anti-business.’”
“Now is the time for the Republican candidates for Governor – Doug Ducey, Ken Bennett, Scott Smith and Christine Jones – to show some spine: Will they stand up against legalized discrimination or bow down to Cathi Herrod? Anyone who wants to lead the State of Arizona ought to speak clearly and honestly about where they stand on legalized discrimination. November is coming.”
Los Abogados President, Ed Maldonado, released this statement for the Arizona Hispanic Bar Association calling a veto of the legislation.:
“The passage of SB1062 is an attack on Arizona’s gay and lesbian community through the legalization of discrimination. It comes at a time when Arizona’s Hispanic and business communities have yet to recover from the impact of the infamously discriminatory SB1070, legislation that cost the State innumerable economic loss. The message carried by legislation like SB1070 and SB1062 has no valid purpose in our State and only functions to unjustly strip the civil liberties of our citizenry.”
“As this organization did with SB1070, we call on Governor Brewer to reject discriminatory legislation and veto SB1062. Arizona should properly place an eye towards the protection of all people within its borders regardless of their sex, race, or sexual preference. We request that the Hispanic legal community contact Governor Brewer and voice their support for the veto of SB1062.”
Other business groups including the Tucson Hispanic Chamber of Commerce, and The Greater Phoenix Economic Council (GPEC) that sent a letter to the Governor urging her to veto the bill. The Greater Phoenix Chamber of Commerce refused to take a position, while expressing concern for negative business consequences.
At this time, the only people in favor of the bill are it’s authors and the legislators who voted to pass SB1062.
The Governor has declined to comment other than an obtuse comment, while in Washington, that she doesn’t have to decide until next week. Just as in the case of SB1070, Arizona’s immigration law, the Governor will rely on polls rather than her conscience to decide the fate of the bill.