Controversial Idaho religious freedom bills shelved

Rep. Lynn Luker says the legislation was ‘misinterpreted,’ and he wants to ‘find the right language.’

SPOKESMAN-REVIEWFebruary 20, 2014 

Rep. Lynn Luker listens to commenters during a House State Affairs Committee hearing Wednesday, Feb. 5, on a Freedom of Religion bill from Luker.

BY KYLE GREEN — kgreen@idahostatesman.com

The Idaho House unanimously agreed Wednesday to return HB 427 to committee.

“It’s not coming back this session,” said Speaker Scott Bedke, R-Oakley.

The bill’s sponsor, Rep. Lynn Luker, R-Boise, said the proposal was in response to a New Mexico case in which a wedding photographer was penalized after refusing to photograph a same-sex marriage ceremony.

“The intent of the bill was to provide a shield to protect the free exercise of religion under the First Amendment in light of the variety of increasing government mandates,” Luker said in a statement. “However, many misinterpreted the intent to be a sword for discrimination. I respect the concerns that I heard and therefore want to find the right language to balance those concerns.”

More than 500 people filled the Capitol last week to oppose the bill at a committee hearing, with many saying it would undermine local ordinances passed in seven Idaho cities — including Sandpoint, Coeur d’Alene and Boise — to ban discrimination based on sexual orientation.

The House State Affairs Committee sent the bill to the full House for amendments; House members submitted a stack of proposed amendments a quarter-inch high, prompting Bedke to call for a “thoughtful pause.”

Proposed amendments ranged from converting the bill into one to outlaw discrimination based on sexual orientation, to one proposing that businesses be required to post signs to indicate which groups they want to exclude.

“I think if a business is going to engage in such a practice, then it should be made clear,” said Rep. Shirley Ringo, D-Moscow, who submitted the sign amendment. “I don’t consider that a fix that would make the bill attractive. I think the bill in itself is not fair, to make it acceptable to discriminate.”

Luker also proposed a companion measure, HB 426, to prevent the state from revoking or suspending occupational licenses for violations that the license-holder commits for religious reasons; that bill never got a committee hearing, and is not expected to advance.

An Idaho attorney general’s opinion said it likely violated both the Idaho and U.S. constitutions.

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