Richmond (AP) – Virginia’s Republican-dominated House of Delegates approved a bill that seeks to protect people who oppose same-sex marriage, which critics said would open the door to discrimination and roll back gains the LGBT community has made toward equal treatment.
The measure aims to prohibit state agencies from punishing individuals and businesses for refusing services or taking other actions against same-sex couples, transgender people or someone who has extramarital sex. It would block the state from withholding grants or nixing contracts for individuals or groups that subscribe to those religious beliefs.
Republican Del. Todd Gilbert, the bill’s sponsor, said lawmakers must act to prevent the discrimination of those with strongly held faiths, who are “constantly under attack by the shifting cultural winds.”
“The activists who pursue same sex marriage … are not satisfied with equality and they will not be satisfied until people of faith are driven out of this discourse, are made to cower, are made to be in fear of speaking their minds,” Gilbert said. “They want us driven out.”
Gilbert said his bill, for example, would ensure that the state can’t withhold tuition-assistance grants from private religious universities that prohibit students from living together outside of marriage. It would also prohibit the state from revoking the liquor license of a restaurant that requires transgender people to use the bathroom that corresponds with their biological sex, he said.
Opponents say any effort to grant special protections for individuals with these religious beliefs and groups would violate the Constitution and crumble under a court challenge.
“You can’t get more unconstitutional than that,” said Claire Gastanaga, executive director of the American Civil Liberties Union of Virginia.
House Democrats urged their colleagues to vote down the bill, saying the measure would give taxpayer-funded groups a broad license to discriminate and hurt Virginia’s reputation nationwide.
Democratic Del. Mark Sickles, who is gay, asked lawmakers not to consider the bill a “free vote” because it “has no prayer of passing.” Sickles became emotional during his floor speech and told lawmakers that their children will look back and see how they voted on the measure.
“We need to choose whether we want to treat everyone equally or not. It’s as simple as that. The law is the same for everybody,” Sickles said.
Several Republican delegates joined Democrats to vote against the measure. Among them was Del. Scott Taylor, who is seeking Virginia’s 2nd Congressional District Seat. Taylor said the bill was too broad.
The bill cleared the House with a 53-46 vote after a heated debate as lawmakers worked to pass the final bills before the “crossover deadline” – when most bills that will move forward this year must have made it through at least one chamber.
Gilbert’s measure heads to the Senate, which narrowly approved legislation last week that would allow officials to refuse to conduct same-sex marriages. Both measures face vetoes from Democratic Gov. Terry McAuliffe and don’t appear to have enough votes to survive the governor’s rejection.