State lawmakers consider bills allowing businesses to refuse to serve gay couples
Anticipating a Supreme Court decision establishing a right to same-sex marriages, lawmakers in several states are considering bills that would allow businesses to refuse to serve gay couples.
Many of the bills are modeled after the federal Religious Freedom Restoration Act, the New York Times reports. The legislation typically says government can’t burden the practice of religion absent a compelling interest, using the least restrictive means.
Nineteen states already have such laws, passed after the U.S. Supreme Court effectively limited application of RFRA to the federal government. But gay-rights advocates are concerned because lawmakers supporting bills say their intent is to protect businesses that refuse to serve gays.
Law professor Thomas Berg of the University of St. Thomas School of Law in Minneapolis says businesses won’t necessarily win suits over refusal to serve gays in states with the religious freedom laws. But the laws will give objectors a chance to argue they are protected, he said.
