Saturday,  Feb. 15, 2014 • Vol. 16--No. 214 • 20 of 49

(Continued from page 19)

• The demand for religious exemptions, meanwhile, is widespread. Gay marriage opponents have fought for strong exemptions in every state where lawmakers have already decided the issue. In New York, for example, gay marriage was recognized only after Gov. Andrew Cuomo and the state's top two legislators struck an 11th-hour compromise on religious accommodations.
• However, the resulting exemptions have generally been limited in scope -- and haven't come anywhere near to what gay marriage opponents sought. In Massachusetts and Iowa, where same-sex marriage won recognition through the courts, there are no religious exemptions related to the rulings.
• In light of this track record, opponents in red states have been proposing pre-emptive bills with broad accommodations for religious objectors. Most of the bills aim to protect individuals or businesses who, for religious reasons, don't want to serve same-sex couples.
• Bills in Ohio, Mississippi, Arizona, Idaho and Oklahoma would allow a person or company to assert a religious freedom defense against a lawsuit from another private party. For example, a baker who refused to make a wedding cake for a gay couple could defend his decision as a legally protected religious right.
• In some states, they have suffered setbacks.
• The Kansas House passed a measure last week providing a faith-based legal shield for people who refuse to provide services to gays and lesbians. It details which services would be exempted -- ranging from bakeries to adoption agencies to government clerks -- and allows faith-based refusal of services to gay couples in any domestic partnership. But the top Republican in the state Senate put a quick stop to the bill's momentum, declaring that a majority of GOP lawmakers in that chamber don't support it.
• "A strong majority of my members support laws that define traditional marriage," said Senate President Susan Wagle. "However, my members also don't condone discrimination."
• In South Dakota, a Republican-led Senate committee narrowly defeated a similar bill that would have barred lawsuits or criminal charges against clergy who refuse to perform same-sex weddings. Critics of the bill said it was unnecessary because the U.S. Constitution already guarantees religious freedom.
• One of the sponsors of that measure was Rep. Steve Hickey, pastor of a Sioux Falls church that opposes gay marriage.
• "I'm saying keep the state out of my church," Hickey said at a committee hearing. "I only promote and perform traditional marriages. ... It's is not because there is any bigotry. It's because I deeply care about people."
• In Indiana, the battle over gay marriage has revealed rifts among Republicans.

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