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Arizona May Be First State to Allow Businesses to Turn Away Gay People

Gov. Jan Brewer is going to get the last word on whether Arizona business owners can cite their religion as a reason to turn away gays — and maybe others.

Gov. Jan Brewer is going to get the last word on whether Arizona business owners can cite their religion as a reason to turn away gays — and maybe others.

On a largely party-line vote, the state House late Thursday gave final approval to legislation providing a legal shield to individuals and businesses who face claims of discrimination, essentially saying a “sincerely held” religious belief can immunize that person or firm against lawsuits.

The Senate already has approved SB 1062.

Brewer has generally sided with groups such as the Center for Arizona Policy, which supports the legislation on the grounds that it keeps people from having to act against their religious beliefs.

But foes hope to convince business groups, which have so far stayed out of the fray, to convince the governor that having Arizona be the first — and potentially only — state to adopt this law is bad for attracting business.

Gubernatorial press aide Andrew Wilder would not comment, saying only that his boss will review it when she returns from Washington, D.C., where she is attending the National Governors Association conference.

Three Republicans joined the 24 Democrats in opposition: Ethan Orr from Tucson, Kate Brophy McGee from Phoenix and Heather Carter from Cave Creek.

Several hours of debate showed a sharp division remains on exactly what the measure would do.

Existing state and federal laws already say people can use their religious beliefs to avoid government regulations if they can show those rules or laws substantially burden the ability to exercise those beliefs. But they also say those beliefs do not trump regulations where there is a “compelling government interest” and where those rules are the least restrictive means of furthering that interest.

Proponents contend SB 1062 just extends those same rights in situations when the government is not involved, such as what happened in New Mexico, where a gay couple successfully sued a photographer who refused to take pictures at their wedding.

Caroline Cournoyer is GOVERNING's senior web editor.