From an HRC press releases
WASHINGTON Today, the Human Rights Campaign (HRC), the ACLU of Missouri, and PROMO strongly condemned a vote of 21 to 11 by the Missouri Senate in favor of Senate Joint Resolution (SJR) 39 a measure that could enshrine discrimination against LGBT people and their families into the state constitution.
Similar to so-called "First Amendment Defense Act" legislation introduced in other states, this outrageous and extreme resolution would lead to a ballot measure that proposes to allow individuals, organizations, and businesses to use religion as a valid excuse to discriminate against LGBT people by broadly redefining the definition of religious organizations. The measure must receive one final administrative approval vote before being sent to the House of Representatives.
The vote to pass the outrageous proposal attacking LGBT Missourians and their families came after a historic filibuster effort by Senate Democrats attempting to stop the anti-equality majority. The discriminatory proposal has received widespread condemnation from fair-minded Missourians and businesses throughout the state, including Governor Jay Nixon, the St. Louis Post Dispatch, the St. Louis Regional Chamber, Dow Chemical Company, and Monsanto. The St. Louis Regional Chamber said the proposal is "counter to MO values & will have negative economic consequences." Democratic presidential candidates Hillary Clinton and Bernie Sanders also spoke out against the bill.
"Religious freedom is one of our nation's fundamental values, and that's why it's firmly protected in the First Amendment of the U.S. Constitution," said HRC Legal Director Sarah Warbelow. "This reckless legislation has nothing to do with religious freedom and everything to do with enabling discrimination against LGBT Missourians and their families. Discrimination against LGBT people should never be sanctioned by the state, and we call on the Missouri House of Representatives to resoundingly reject this outrageous resolution."
"Laws that promote discrimination are anti-democratic, harm Missouri families, and as we've learned in Indiana are bad for our economy," said ACLU of Missouri Executive Director Jeffrey Mittman. "That is why so many Missourians, including clergy and business leaders, strongly oppose any effort such as SJR 39 that would seek to enshrine inequality in our Missouri Constitution."
"We agree that religion is a fundamental right, which is why it is protected in the First Amendment of the U.S. Constitution and in our existing Human Rights Act. We are not arguing that clergy and churches should be denied their freedom of religion," said PROMO Executive Director Steph Perkins. "But those same religious beliefs cannot be used as a reason to deny someone the same services that are offered to the rest of the public by private businesses. And that is exactly what SJR 39 aims to do. Businesses and organizations have already been rightly concerned about the consequences of this bill and are outspoken in their opposition."
SJR 39 goes far beyond protecting the right of free exercise of one's religion. While shrouded in language framed as prohibiting the state government from making funding or tax status decisions based on an organization's views on marriage that are driven by religious belief, in reality it opens the door to discrimination against same-sex couples, their families, and those who love them.
The legislation could have reckless intended and unintended consequences. If voted into law, LGBT people and their families could suddenly find themselves at risk of being denied many basic services. Taxpayer-funded foster care providers and adoption agencies could refuse to place children in need of loving homes with same-sex couples. Taxpayer-funded homeless shelters could turn away LGBT couples and their families. Businesses could refuse to provide goods or services to same-sex couples. The measure could also undermine existing LGBT non-discrimination protections passed at the local level, including in cities like Columbia, Kansas City, and St. Louis.
The resolution addresses no real problem in the state as no federal or state law requires religious organizations or clergy to sanction or perform same-sex marriages.
The Human Rights Campaign is America's largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. HRC envisions a world where LGBT people are embraced as full members of society at home, at work and in every community.
The ACLU of Missouri defends civil liberties and the principles of equality and justice in Missouri through its litigation, legislative and public education programs.
PROMO is Missouri's statewide organization advocating for LGBT equality through legislative action, electoral politics, grassroots organizing, and community education.
From an ACLU of Missouri press release:
Jeffrey Mittman, Executive Director of ACLU of Missouri, issued the following statement regarding pro-discrimination legislation being forced out of the Missouri Senate:
"It's an outrage that extremist senators would use a rare procedural move to shut down debate and silence the voices of countless Missourians, including major corporations and the very people these officials represent, who have spoken out against the anti-LGBT SJR 39. This bill would enshrine discrimination in our state constitution by allowing taxpayer-funded organizations like adoption and foster care agencies and homeless shelters to refuse serving LGBT families, in addition to countless other harmful consequences. This amendment raises serious constitutional concerns because it singles out same-sex couples for discrimination, notwithstanding the Supreme Court's decision in Obergefell recognizing that same-sex couples enjoy the same constitutional right to marry as everyone else. In addition, the state cannot constitutionally prefer one set of religious beliefs ( here, those opposed to marriage for same sex couples ) over all other beliefs.
Discrimination has no place in our state and we are resolved to continue to fight this bill in the House. We salute the senators who courageously filibustered this hateful bill for a record-breaking 39 hours, and were willing to keep standing, even as the numbers were against them. The country is watching and we will continue to fight until we've landed on the right side of history."