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Arizona’s ‘turn away the gay’ bill part of national trend

As other measures defeated, Kansas could see resurrected bill this week

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Jan Brewer, Republican Party, Arizona, gay news, Washington Blade

Gov. Jan Brewer (R-Ariz.) is considering legislation that would legalize LGBT discrimination in Arizona. (Photo by Gage Skidmore; courtesy Wikimedia Commons)

An emerging trend of state legislation allowing businesses to refuse services on religious grounds — most recently in Arizona where a measure has reached the desk of Gov. Jan Brewer (R) — has triggered outrage among advocates who say the bills are intended to enable discrimination against LGBT people.

The bill passed by the legislature in Arizona, SB 1062, has become known as the “turn away the gay” bill after the Republican-controlled Arizona State House approved the measure Thursday by a 33-27 vote.

Despite her reputation as an ultra conservative, Brewer expressed uncertainty over the weekend over what action she’ll take on the bill, saying the measure is “very controversial.” She has five days to sign or veto the measure once it reaches her desk.

“We know that it has failed in a lot of states across the country,” Brewer told reporters. “I have not been in town currently. I’ve been reading about it on the Internet, and I will make my decision probably by next Friday, if I do decide to sign it. But it’s very controversial. So I got to get my hands around it.”

The measure never mentions the words “gay,” “sexual orientation” or “gender identity,” but expands the state’s definition of exercise of religion to allow any person — which under the bill could be an individual, a religious assembly or business — to deny services based on a religious belief.

Under the bill, the exemption could only be used in court if the refusal to act is motivated by a religious belief; the person’s religious belief is sincerely held; and state action “substantially” burdens the exercise of the person’s religious beliefs.

Critics say the legislation is intended to allow businesses to deny services or discriminate against gay people or same-sex couples — even though Arizona state law already permits discrimination in employment and public accommodations.

Eunico Rho, an advocacy and policy counsel for the American Civil Liberties Union who works on state initiatives, said the measure would set “a dangerous precedent” because it would invite individuals and businesses in Arizona to discriminate.

“Arizona already has a law that says the government can’t unnecessarily burden somebody’s religious beliefs, but this takes that into the private sphere and says no private individual can burden somebody’s else religious beliefs,” Rho said. “Given how religiously diverse we are — and the state of Arizona is — it’s just such a dangerous and unprecedented on…the legislature’s part.”

Because certain localities in Arizona bar discrimination on the basis of sexual orientation and gender identity, Rho said the passage of the Arizona bill would complicate the enforcement of these ordinances.

Amid consternation over the legislation and scrutiny from national media, the anti-gay group that drafted the legislation said the concerns are overblown.

Cathi Herrod, president of the Center for Arizona Policy, said in a statement Friday the measure is merely aimed at protecting religious liberties.

“Simply put, the fear-mongering from opponents is unrelated to the language of the bill, and proves that hostility towards people of faith is very real,” Herrod said. “It’s a shame we even need a bill like this in America. But growing hostility against freedom in our nation, and the increasing use of government to threaten and punish its own citizens, has made it necessary.”

Although major national LGBT rights groups were initially silent on the Arizona bill, the Human Rights Campaign and the National Gay & Lesbian Task Force issued statements on Friday after Brewer expressed uncertainty about the bill and gay blogger Joe Jervis criticized them for their silence.

Amid the wait over what action Brewer will take on the legislation, LGBT grassroots advocates have started a campaign to encourage her to reject the measure by asking businesses in Arizona to speak out.

Scott Wooledge, a New York-based LGBT netroots advocate, has set up a website, “Do AZ’s Top Businesses Support Or Oppose SB 1062?” monitoring the positions of Arizona businesses on the legislation.

“Together, the companies I approached employ more than a quarter million people in the state of Arizona,” Wooledge said. “This makes them all significant stakeholders in any business-related legislation, and SB 1062 is a business-related bill.”

Companies headquartered in Arizona identified on the website are US Airways, PetSmart, Apollo Group, GoDaddy, U-Haul, Cold Stone Creamery, Bashas’ Markets, Freeport-McMoran Copper & Gold Inc, Banner Health P.F. Chang’s, Best Western and Circle K. None were listed as having expressed a position as of Monday morning.

[UPDATE: On Monday evening, Apple Inc. and the CEO of American Airlines Group Inc called Brewer to ask her to veto the bill, according to the Associated Press.]

But both members of Arizona’s delegation to the U.S. Senate — Sens. John McCain (R-Ariz.) and Jeff Flake (R-Ariz.) have weighed in via Twitter to urge Brewer to reject the bill. Both were among the Senate Republicans who voted for the Employment Non-Discrimination Act last year (although Flake twice voted against cloture.)

Others who have spoken out via Twitter to urge Brewer to veto the bill are Democrats representing the state in the U.S. House: Rep. Ann Kirkpatrick (D-Ariz.), Ron Barber (D-Ariz.) and bisexual Rep. Kyrsten Sinema (D-Ariz.).

Prior to House passage of the bill last week, Sinema said in a statement that Brewer must consider the negative consequences of the legislation should she sign it.

“The economic hit to our state, if this misguided bill is signed into law, will undoubtedly harm thousands of hardworking Arizonans, and is irresponsible at a time when we are just starting to recover from the economic downturn,” Sinema said. “Arizona is better than this. I call on Governor Brewer to show leadership and veto the bill if it is sent to her.””

In recent weeks, the movement of the legislation to enable discrimination by expanding religious liberties hasn’t been limited to Arizona. As previously reported by the Washington Blade, progress on these bills is apparently a new tactic from anti-gay groups in response to the advancement of marriage equality.

Laura Durso, director of the LGBT project for the Center for American Progress, said the proliferation of these bills puts at risk all Americans, not just LGBT Americans.

“Bills like Arizona’s SB 1062 open the door to all types of discrimination, not only in wedding-related services but among healthcare providers and other licensed professionals,” Durso said. “The first amendment protects our right to practice our religion as we see fit and these types of laws threaten our social contract — that we treat others as we wish to be treated and abide by the same rules in the public marketplace.”

In Kansas, the State House approved legislation allowing businesses to refuse services to same-sex couples. And unlike the Arizona bill, the Kansas measure explicitly mentions same-sex couples, saying no individual should be required to provide a service related to a same-sex wedding or civil union ceremony.

Numerous media outlets, including the Blade, reported last week the legislation, House Bill 2453, was dead in the Senate following public outcry, but one LGBT advocate in the state said he’s not so sure.

Thomas Witt, executive director of the Kansas Equality Coalition, said he expects the legislation to reappear in the Senate — possibly with slightly different language as an insert to a larger bill — as early as Wednesday.

“The radical right in the House is pushing real hard to bring this bill back, not under that number,” Witt said. “The number is dead. The Senate is not going to let that number come back up, but they’re looking for a way to stuff the language in a different bill.”

Similar religious exemption bills that have died have come in Maine, where the House last week defeated a measure by a 89-52 vote, as well as in South Dakota, Tennessee and Idaho, which all died in committee.

Lawmakers pushing the bills are drawing on recent stories of individuals facing penalties for refusing services to same-sex couples, such as a Colorado baker who was found to have violated a couple’s civil rights for refusing to bake a cake for them or the New Mexico photographer who got in trouble after refusing to take a picture of a same-sex wedding ceremony.

ACLU’s Rho noted that lawmakers in Arizona and Kansas have been drawing on these stories to advocate for the enactment of religious exemption bills, but said she doesn’t think the bills are anything new.

“I think in Arizona, they’ve made it quite clear, that that was one of the main reasons for expanding the religious refusal bill into this extraordinary scope,” Rho said. “But as I said, people claiming the right to refuse services is certainly nothing new.”

Despite the proliferation of these bills, no LGBT advocate is calling on President Obama to publicly condemn them — even though they’ve asked for his help for other LGBT rights causes.

White House Press Secretary Jay Carney had little to say Monday when asked about the Arizona bill by CNN.

“I haven’t spoken with the president about that,” Carney said. “I don’t have an official position. It certainly doesn’t sound particularly tolerant, but I don’t have a position at this time.”

But LGBT advocates say Obama’s voice against advancing the bills in these Republican-dominated states will fall on deaf ears — and might even encourage lawmakers to enact the measures.

Rho said she thinks an appropriate response would be passage of the Employment Non-Discrimination Act, which would bar many employers from discriminating against LGBT workers across the country, as opposed to vocal opposition from Obama.

“Unfortunately, I think a lot of the state legislatures and the governors who are endorsing these kind of measures don’t care much for what the president says or thinks, so I don’t know if Sam Brownback cares much for President Obama’s opinion,” Rho said.

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Hungary

New Hungarian government to scrap anti-LGBTQ adoption law

Prime Minister Peter Maygar ousted Viktor Orbán in April

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The Hungarian parliament in Budapest, Hungary, on April 4, 2024. Peter Maygar, the country’s new prime minister, has said his government will amend a law that essentially bans same-sex couples from adopting children. (Washington Blade photo by Michael K. Lavers)

Hungarian Prime Minister Peter Maygar has said his government will amend a law that essentially bans same-sex couples from adopting children.

Lawmakers approved the effective adoption ban in 2020, when then-Prime Minister Viktor Orbán’s government was in power. Maygar announced plans to amend the law on Saturday when he was speaking to supporters in Budapest, the Hungarian capital.

Orbán and his government faced widespread criticism over its anti-LGBTQ crackdown that also included laws banning Pride events.

Maygar in April ousted Orbán in Hungary’s elections.

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Baltimore

Transgender woman killed in Barclay community mourned by friends, advocates

Sophie Lee shot to death on Friday morning

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Sophie Lee, 27, was found shot to death in Baltimore early Friday. (Photo courtesy of Baltimore Safe Haven)

By DARREONNA DAVIS | Denise Johnson imagined spending Sunday with her daughter, Sophie Lee, eating crabs at the park. Instead, she stood on a Barclay street corner Sunday evening surrounded by nearly 100 people who came to remember her daughter, a transgender woman who was fatally shot there Friday.

The 27-year-old woman was found in the 2400 block of North Calvert Street around 1:15 a.m. Friday, Baltimore Police said in a news release.

Lindsey Eldridge, a police department spokesperson, said it’s unclear if her identity had anything to do with her death and the investigation is ongoing.

The rest of this article can be read on the Baltimore Banner’s website.

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Turkey

Dozens detained after Turkish authorities raid LGBTQ groups, businesses

Raids targeted gay bars, activists’ homes

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(Photo by Lora Sutyagina/Bigstock)

Authorities in Turkey over the weekend detained dozens of people during raids they carried out against gay bars and LGBTQ activists’ homes across the country.

The BBC reported the raids were part of the government’s “My Family is Safe” campaign.

A statement from a group of Turkish advocacy groups the Washington Blade received on Sunday noted Justice Minister Akın Gürlek said the operation included “162 individuals, nine associations, and 13 businesses across 15 provinces.” Prosecutors in Istanbul, Ankara, Izmir, Aydın, and Mersin are coordinating the campaign.

Kaos GL, one of the country’s largest advocacy groups, was among the targets.

“The authorities have referred to allegations including ‘obscenity,’ ‘facilitating prostitution or providing premises for prostitution,’ exposure of children to allegedly obscene content, drug-related offenses, and other morality-related offenses,” reads the press release the Blade received. “Information from the field indicates that additional allegations, including forming a criminal organization, may appear in some investigation files.” 

“The reported inclusion of the offense of “establishing an organization for the purpose of committing crimes” under Article 220 of the Turkish Criminal Code is particularly alarming and, if confirmed, would mark a significant escalation in the criminalization of LGBTI+ human rights activism,” it added. “While LGBTI+ activists and organizations have recently faced and continue to face investigations and prosecutions on grounds such as ‘obscenity’ and alleged violations of the Law on Associations, the use of an organized-crime allegation represents a qualitatively more serious threshold, both in terms of the gravity of the accusation and the potential penalties involved.”

Turkish authorities under President Recep Tayyip Erdoğan’s government over the last decade have cracked down on LGBTQ and intersex activists in the country.

Police in 2015 used tear gas and water cannons against people who were about to participate in an Istanbul Pride march. Authorities in 2017 arrested nearly two dozen people who defied a ban on Pride events in the city.

Police in Ankara, the Turkish capital, in 2019, arrested 18 students and an academic who participated in a Pride march at the Middle East Technical University. They faced up to three years in prison, but a court in 2021 acquitted them. Police in 2022 violently broke up a Pride parade at the same Ankara university.

Turkish authorities in July refused to allow a gay cruise ship — the Scarlet Lady, a Virgin Voyage vessel that Atlantis Events chartered — to dock in Kusadasi, a resort town on the Aegean Sea.

Kusadasi is in Aydın Province, one of the provinces in which authorities conducted the raids. Turkish officials also refused to allow the Scarlet Lady to dock in Istanbul.

A Turkish source on Sunday told the Blade the “My Family is Safe” operation began on the 46th anniversary of a military coup that toppled the country’s government in 1980.

“The fact that this operation began on the night of Sept. 12 — the 46th anniversary of the 1980 coup — is highly significant in terms of the foundations of the prohibitive and repressive mindset directed at the LGBTI+ community,” they said. “Moreover, many LGBTI+ organizations had been subject to official inspections last week.”

“Conducting this operation on a Saturday night shortly thereafter also serves the purpose of heightening fear and anxiety within the community,” added the source.

The source asked the Blade not to reveal their identity.

ILGA-Europe in a statement described the raids as “the systematic dismantling of LGBTI civil society.” Paris Mayor Emmanuel Grégoire is among the European officials who have publicly condemned them.

The Blade will update this story with additional details as they become available.

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