AZ SB-1062 Opponents: Wrong for the Right Reasons

At Elephant We Ignore, we have been closely watching the debate involving the recent passage of Arizona Senate Bill 1062 which addresses religious liberty and refusal of service. Proponents argue the legislation allows for refusal of service as a religious liberty protected by the 1st Amendment. Opponents argue that this refusal of service based on "religious belief" may lead to the legalized discrimination against gay people. As ardent supporters of LGBT rights, we have come to the following conclusion: Many of those who have opposed AZ SB-1062 because it "legalizes discrimination against the LGBT community" have NO IDEA WHAT THEY'RE TALKING ABOUT...

Pro-gay advocates have gained a lot of press and support as they urge Arizona Governor Jan Brewer (R) to veto the bill. In what the Human Rights Campaign describes as a "License to Discriminate", they fail to explain that AZ SB-1062 has nothing to do with legalizing discrimination. The reason is actually quite simple. Private citizens currently have the right to refuse service for any reason EXCEPT for the following:

• Race
• Color
• Religion
• National Origin
• Age (40+)
• Sex
• Pregnancy
• Citizenship
• Family status
• Disability
• Veteran status

AZ SB-1062 merely enumerates the current status. Nothing more. Further, it does not single out any group for targeted discrimination. Any business can refuse service for reasons beyond religion (with exception of those listed above). Nightclubs can discriminate entrance based on customer attractiveness. Restaurants and theaters can ban young children. People without shirts and shoes can be barred from private establishments. Refusal of service is a fundamental right of the private business owner (within the boundaries of the law). To label this bill as "anti-gay" is simply inaccurate and understates who it may affect. That said, the urge to protect our fellow Americans from discrimination is decent in nature. The problem is pro-gay opponents think the Arizona bill is the cause of potential discrimination rather than the lack of protected status at the federal level.

To be clear, we do not support this law. Not because of what it "allows", but because it unnecessarily restates the current reality. The solution to this problem is to attack it at the source: Adding LGBT to the federal protected class registry. With LGBT as a protected status, no state law could allow discrimination on use of public services because a person is gay.

Forget about the Arizona bill and focus on federal law. Perhaps the lack of federal protection designation is the issue. Further, the people engaged in political discourse must use reality in their arguments. It's a problem to not understand the real problem. Otherwise we run the risk of being right for the wrong reason and wrong for the right reason. It's time to start the honest debate.