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Analytical Report

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Submitted By jmthompson984
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Jarrod Thompson
4 March 2014

A Battle for Freedom

Brief Summary

Two of the most debated topics in the U.S. today are those of gay rights and religious freedom. Recently, these two issues clashed head-to-head in the form of a Senate bill in the state of Arizona. This bill would have protected business owners exercising their religious freedom in refusing service to others. The following will describe the facts involving the bill and offer recommendations on why its veto was an adverse decision.

Statement of Facts

Senate Bill 1062 (SB 1062) was introduced in early 2014 by Senator Steve Yarbrough as a means to update Arizona’s Religious Freedom Restoration Act (RFRA). These updates are meant to clarify the protection that individuals would have in exercising their religious freedom. These protections include using religious freedom in conducting business and in dealing with other private citizens with regards to court cases.

Advocates of the bill have cited a case from the New Mexico Supreme Court as a critical need for these changes. In that case, Elane Photography v. Willock, the Court ruled that the state’s RFRA did not apply to the enforcement of a state law. The Center for Arizona Policy, one of the bill’s major proponents, seeks to eliminate the enforcement of state laws that violate religious liberty. The group claims that SB 1062 clarifies and strengthens existing laws protecting religious freedom.

The bill gained national recognition due to the interpretation that it would openly allow discrimination on the basis of religious beliefs. Effectively, this bill would grant protection to those refusing services to anyone on the foundation of sincerely held religious beliefs. Opponents feel that business owners would use the bill as a legal shield to deny service to people who violate their beliefs. Fearing further discrimination, members of the lesbian, gay, bisexual, and transgender community have called the bill oppressive.

In January and February of 2014, the bill passed several Arizona Senate and House committees. Eventually, the bill passed the House third read with a Republican majority vote of 33 to 27. From this point, it was brought before Governor Jan Brewer, who vetoed the bill on February 26, 2014. Due to broad wording and possible unintended negative consequences, Brewer stated that the bill, “could divide Arizona in ways we could not even imagine.”

Recommendations

It is clear that SB 1062 has been a dividing line between two opposing sides in the state of Arizona. Many groups believed that the bill was meant to hide discrimination within the boundaries of religious freedom. However, if one looks closer at the bill and its intentions, it illustrates protection for everyone under the American standard of religious freedom.

Many opponents of the bill believe that it would legalize discrimination against gays and other groups. As the current state law does not provide protections for people based on sexual orientation, this is absolutely untrue. This bill would protect the religious freedom of all sexual orientations under the RFRA while preventing citizens from forcibly going against their beliefs.

For example, under this bill, a gay business owner would be free to refuse service to anyone on the basis of their own religion. This includes people of other religious backgrounds and people of differing or similar sexual orientation. However, many opponents have openly attacked this bill and labeled it as anti-gay in nature.

The main argument against Governor Brewer’s veto is that the SB 1062 does not say a business can discriminate against people for religious reasons. Also, the bill does not say anything regarding who should win any legal cases stemming from its passing. The bill states that the RFRA can be used as a defense in cases where a person needs to prove a “substantial burden on sincere religious practice.” This burden is equal to that of the person suing who needs to provide compelling proof for government interest. This bill was never intended to be a free pass for discrimination against any person or group.

Conclusion

Senate Bill 1062 represents a fine line between discrimination and religious freedom, two decisive topics in today’s culture. Many opponents believed the bill to be a “veiled attempt to legally discriminate against gay people.” On the other hand, proponents of the bill advocated that it was intended to protect the religious freedom of every citizen. In vetoing this bill, Arizona has taken a step backward in protecting citizens from all religious backgrounds and sexual orientations.

Resources

Yarbrough, S. (2014, February 24). Bill 1062. azcentral.com. Retrieved March 1, 2014, from http://www.azcentral.com/ic/pdf/SB-1062-bill.pdf

The Arizona Republic. (2014, February 25). Q&A: An overview of Arizona service-denial bill. USA Today. Retrieved March 1, 2014 from http://www.usatoday.com/story/news/nation/2014/02/25/arizona-anti-gay-bill/5823133/

McLaughlin, Eliott C. (2014, February 26). Freedom or oppression? That’s the question for Arizona’s SB1062. CNN U.S. Retrieved March 1, 2014 from http://www.cnn.com/2014/02/25/us/arizona-brewer-sb1062/

Christie, Bob. (2014, February 26). Arizona governor vetoes anti-gay bill. Chicagosun-times.com. Retrieved March 1, 2014 from https://www.suntimes.com/25856132-761/arizona-governor-vetoes-anti-gay-bill.html

Hendley, Matthew. (2014, February 21). Arizona’s “Religious Freedom” Bill in the Hands of Governor Brewer. Phoenix NewTimes Blogs. Retrieved March 1, 2014 from http://blogs.phoenixnewtimes.com/valleyfever/2014/02/arizonas_religious_freedom_bil.php

Center for Arizona Policy. (2014, February 26). Religious Freedom Restoration Act: SB 1062. Center for Arizona Policy. Retrieved March 1, 2014 from http://www.azpolicy.org/bill-tracker/religious-freedom-restoration-act-sb-1062

Kredit, Josh. (2014, February 25). “All of us believe that many criticisms of the Arizona bill are deeply misleading.” Foundations. Retrieved March 1, 2014 from http://blog.azpolicy.org/religious-liberty/all-of-us-believe-that-many-criticisms-of-the-arizona-bill-are-deeply-misleading/

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References

...sample pretreatment and allows very small amounts of the sample. Directly desorbed solvents from intact pharmaceuticals (ca. 1 mg) in the desorption cup (5 mm x 3.8 mm i.d.) were cryofocused at the head of a capillary column prior to a GC/MS analysis. The desorption temperature was set at a point about 20 degrees C higher than the melting point of each sample individually, and held for 3 min. The analytical results using 7 different pharmaceuticals were in agreement with those obtained by direct injection (DI) of the solution, followed by USP XXIII. This proposed TD-GC/MS method was demonstrated to be very useful for the identification and quantification of residual solvents. Furthermore, this method was simple, allowed rapid analysis and gave good repeatability. 2 J Pharm Biomed Anal. 2011 Jan 25;54(2):417-21. doi: 10.1016/j.jpba.2010.09.006. Epub 2010 Sep 15. A general static-headspace gas chromatographic method for determination of residual benzene in oral liquid pharmaceutical products. Liu H, Tang Q, Markovich RJ, Rustum AM. Source Global Quality Services-Analytical Sciences, Merck & Co., Inc., Union, NJ 07083, USA. hui.liu2@merck.com Abstract Sodium benzoate is used in oral liquid pharmaceutical products for its anti-microbial properties. The benzoate salts present in...

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