I have been struck by the intensity of the blowback against both bills, but particularly the reaction to the Arizona bill. I think there are several possible rationales for the power of the reaction.
The breadth of the bill is one factor. Another factor is that the business community is increasingly viewing these kinds of laws as having a significant downside and no upside. Economic forces may do more to advance marriage equality in red states than anything else. I think a final factor is that legislation providing some accommodations for religious objectors to same-sex marriage can be justified by its supporters as a “live and let live” solution to conflicting views when these accommodations are proposed at the same time the legislature is considering recognizing same-sex marriages. The Kansas and Arizona bills are more like “live and let die” laws. These states have made it clear that they do not respect the liberty and equality interests of same-sex couples. In this context, the laws cannot be justified under a broader principle of attempting to reconcile conflicting interests. The laws seem to suggest that only certain people count in these states and deserve respect for their autonomy rights. For many people, that is a problematic message. Alan From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Conkle, Daniel O. Sent: Wednesday, February 26, 2014 9:35 AM To: Law & Religion issues for Law Academics Subject: RE: Subject: Re: Kansas/Arizona statutes protecting for-profit businesses Whether or not the bills are similar in political motivation or in potential impact, the media coverage of the Arizona bill – at least what I’ve seen – has been woeful. Until reading the actual Kansas bill, I certainly thought that it was a specific accommodation for religious objectors to sexual-orientation discrimination claims and that its protection was absolute, not subject to balancing. Dan Conkle ************************************************ Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu<mailto:con...@indiana.edu> ************************************************
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