'Religious freedom' or 'state-sanctioned bigotry'?

HELENA – The Montana House killed with a 50-50 vote a bill that aimed to put before the voters a constitutional referendum supporters said protected religious freedom and opponents said paved the way for discrimination.

Sponsor Rep. Carl Glimm, R-Kila, said his House Bill 615 echoes the federal Religious Freedom Restoration Act, adopted in 1993. He called his bill an "exclamation point" on religious freedoms already in the national and state constitutions.

Rep. Bryce Bennett, D-Missoula, asked his fellow legislators how many times they have ever had to consider how close they sat next to their significant other out of fear it would change the way people treated them — or even whether they would be served.

"I could be refused service because of who I love or fired from my job if I put a picture of my partner on my desk," he said. "I could be kicked out of my home because of someone's religious views."

Montana would face the same kind of backlash Indiana has seen after its governor signed a similar bill this week, Rep. Ellie Hill, D-Missoula, said.

Likewise, Indiana's bill prohibits state or local governments from substantially burdening a person's ability to exercise their religion, unless the government can show that it has a compelling interest.

"Today the No. 1 tending hashtag on Twitter is #BoycottIndiana. #BoycottMontana I guarantee you is next," she said. "This bill is riddled with unintended consequences ... it's freedom to discriminate."

Indiana's bill may have significant economic impacts as businesses and conventions express their disapproval of the law by pulling out of the state, Hill said. "Bigotry has unintended economic consequence."

The bill would allow public officials to ignore laws based on "sincerely held religious beliefs," which in the past has been used to refuse marriage licenses to mixed-race couples, Hill said. Glimm's bill could be used to refuse gay couples the same thing.

"This is state-sanctioned racism," Hill said.

Hill unsuccessfully introduced an amendment that would have required businesses that wouldn't serve people for religious reasons, such as a shop owner who refuses to sell a gun to a Muslim or baby toys to gay parents, to post a notice of their policy. Hill said her amendment would protect Montanans' dignity.

"Before they deny them act of commerce they should give notice they intend to do that," she said.

Hill's amendment would violate her free speech, said Rep. Theresa Manzella, R-Hamilton. She said she's taught to "love the sinner, hate the sin" and would like to be able to "witness to whoever walks in our door, to speak truth to love," which a sign spelling out policies may prevent.

Manzella said she's faced discrimination as a Christian, including being labeled a "Jesus freak," and is concerned about government overreach into religious freedoms.

In tears, Rep. Carolyn Pease-Lopez, D-Billings, called the bill "cruel." She described border town racism and refusal to serve Natives.

"You sanction their prejudice and bigotry in refusing to serve people like me," she said.

She said Glimm's wording was different enough from the federal bill to raise fears of discrimination, whatever his intent.

"When I pulled out the bill, I pictured Sunday school classrooms, but that's not what's in this bill," she said. "As a Christian, I'm taught God is love. Where is the love in this bill?"

Rep. Seth Berglee, R-Joliet, said the bill wouldn't be used as described by those fearing discrimination.

"It's not for one religion against everyone else," he said.

Religious freedom "doesn't mean members of the most popular church have the right to bully everybody else," said Rep. Jenny Eck, D-Helena. She called the bill a "new Jim Crow law."

"This isn't who we are as Montanans," she said. "It would bring shame on our body to pass this."

Though the Department of Corrections was among the slew of state agencies opposing the bill, prisoners already have federal protection of religious freedom, said Rep. Jerry Bennett, R-Libby. He said the amendment would finally give the non-imprisoned population of Montana the same rights.

Glimm finished debate on the bill by telling the House the Bible "is the word of God, and the First Amendment says I have freedom of religion, not freedom from religion."

Reach Tribune Staff Writer Kristen Inbody at kinbody@greatfallstribune.com. Follow her on Twitter at @GFTrib_KInbody.