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Religion Bill Previews Rifts Governor Faces (Andrew DeMillo Analysis)

3 min read

LITTLE ROCK – The 11th hour chaos surrounding a religious objections measure and widespread criticism that it was anti-gay was the type of fight Gov. Asa Hutchinson had largely avoided over other divisive issues in his first legislative session.

And though Hutchinson found a compromise that managed to soothe some on both sides, the drama surrounding the bill offers a preview of possible rifts to come with Democrats and even fellow Republicans in future years.

A day after he called for changes to a bill that he had promised initially to sign into law, Hutchinson approved a compromise version that would still prohibit state and local government from infringing on someone’s religious beliefs without a compelling reason.

But by modeling the proposal more narrowly to a 1993 federal law, Hutchinson and other supporters of the compromise measure said it addressed concerns from critics who said it would amount to a blank check for businesses to discriminate against gays and lesbians.

“It protects religious freedom. It is a framework for decisions by the courts that have to balance all the issues in our society,” Hutchinson said before signing the measure. “It continues to recognize in Arkansas and across our nation we have a diverse workforce and a diverse culture.”

The governor’s role in the debate frustrated lawmakers on both sides of the issue. Running as someone who wanted to be the “jobs governor,” Hutchinson focused his campaign last year on fiscal issues like his middle class tax cut plan and a promise to expand computer science classes. Social issues like the religious freedom bill didn’t appear to be high on that agenda.

Hutchinson had initially expressed reservations about the bill, but later said he’d sign the measure after it was amended to address his concerns about unintended consequences. But, less than a day after lawmakers gave the bill final approval last week, he asked for it to be recalled and changed to more closely mirror federal law.

“How do we as a state communicate to the world that we are respectful of a diverse workplace and we want to be known as a state that does not discriminate but understands tolerance?” Hutchinson said to reporters at the Capitol Wednesday. “That is the challenge we face.”

The compromise proposal only applies to government action, not businesses or individuals. That move, supporters said, would prevent businesses from using the law to deny services to customers on religious grounds.

“There’s not the cake baker instance with a wedding,” said Republican Sen. Jeremy Hutchinson, the chairman of the committee and the governor’s nephew. “Because the federal (law) has been so tested and courts have examined every aspect of it, I think all sides would agree there’s no risk of any additional discrimination occurring.”

But the move still faced criticism from advocates and some Democratic lawmakers who said it didn’t go far enough to ensure the measure won’t be used to discriminate against the LGBT community.

The original bill “gave us a black eye. This bill ices it,” said Rita Sklar, executive director of the American Civil Liberties Union of Arkansas. “We still need some Tylenol.”

Hutchinson now faces pressure to issue an executive order prohibiting workplace discrimination by state agencies based on sexual orientation. Hutchinson floated the possibility of such an order as he called for changes in the religion law. Groups such as the Human Rights Campaign have said that’s where they’ll shift attention, after showing they can how quickly they can mobilize activists and businesses on the religion law.

While he’s contending with that push, Hutchinson may also have to mend fences within his own party. At least one Republican who voted against the compromise measure vented frustration about the governor calling for changes to a bill he had once embraced.

“I, for one, do not appreciate someone hiding behind this body when they’re unwilling to take a stand one way or the other,” Republican Rep. Josh Miller of Heber Springs said.

The comments are a sign that after approving a bill that he said struck the right balance, Hutchinson’s next challenge may be another balancing act.

Andrew DeMillo has covered Arkansas government and politics for The Associated Press since 2005. Follow him on Twitter at Twitter.com/ademillo.

(Copyright 2015 The Associated Press. All rights reserved. This material may not be published, rewritten, broadcast or distributed.)

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