JEFFERSON CITY, Mo. (AP) – Missouri’s Republican-led Senate March 9 advanced a proposal to add greater religious protections to the state Constitution for business owners and individuals opposed to gay marriage after Democrats stalled a vote for about 37 hours.
The move marked an end to a stalemate emblematic of a national debate over balancing civil rights and religious liberties following last year’s U.S. Supreme Court ruling that legalized same-sex marriage.
The proposed amendment to the Missouri Constitution would prohibit government penalties against those who cite “a sincere religious belief” while declining to provide goods or services of “expressional or artistic creation” for same-sex marriage ceremonies or ensuring celebrations.
Revisions adopted include a provision that businesses are protected if they deny services during a wedding or close before or after a reception.
The measure comes after bakers and florists have faced legal challenges in other states for declining to provide services for same-sex weddings due to their religious beliefs.
“No one should be compelled to make a work with their own hands that’s offensive to their beliefs,” Republican sponsor Sen. Bob Onder said during earlier debate on the measure.
Democrats fought the measure for days, saying it would allow discrimination against same-sex couples and could hurt the state economy.
Republicans used a rare procedural move to force an end to the Democratic filibuster that started March 7. They then gave the measure first-round approval by a 23-9 vote.
“The debate was starting to meander,” Senate President Pro Tem Ron Richard told reporters. “We couldn’t come to a negotiated settlement. … We had to move on.”
A second Senate vote is expected March 10 to send the measure to the House, where Republican leaders also have expressed support. If passed by both chambers, the proposal would appear before voters either on the August primary or November general election ballot.
Senate Minority Leader Joe Keaveny, of St. Louis, said it’s unclear how Democrats will respond to the Republicans’ move. They’ll have another chance to filibuster when the measure is brought up for a final Senate vote.
“Why are we allowing any kind of discrimination?” Keaveny said. “In this case, we’re almost encouraging it.”
Missouri’s largest statewide business organizations have taken no position on the measure, though the St. Louis Regional Chamber has raised concerns.
Some businesses, including St. Louis agricultural giant Monsanto, have opposed it.
Republican lawmakers in various states also have pushed religious protection measures following the Supreme Court decision on gay marriage. Onder said the Missouri measure is more narrowly crafted than some that have faced a backlash – for example, a proposal in Indiana that was criticized by businesses.
“This bill does not in any way create any kind of broad religious exemption or any broad right to deny services,” Onder said. “It’s really only this very limited situation of wedding vendors.”
If approved by voters, critics said the proposal could be subject to court challenges.
“This amendment raises serious constitutional concerns because it singles out same-sex couples for discrimination,” Jeffrey Mittman, executive director of the American Civil Liberties Union of Missouri, said in a statement.
The filibuster marked the longest continuous debate in recent Missouri history. Four Senate Democrats – including current U.S. Rep. William Lacy Clay Jr. – led a 38-hour filibuster spread over five legislative days against an abortion bill in 1999. That bill ultimately passed the Senate.
The last time Republican Senate leaders employed used a procedural move to shut off debate was during the final week of session last year, and Democrats in response stalled action in the chamber for days.
There still are about two months left in this year’s legislative session, which ends in mid-May.
