Monday,  Feb. 17, 2014 • Vol. 16--No. 216 • 24 of 38

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• 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. GOP Gov. Mike Pence urged lawmakers to refer a constitutional ban on gay marriage to the November ballot, but the measure suffered a significant setback last week that could delay a vote until 2016.
• Proposed constitutional amendments must be approved twice by the Indiana Legislature -- unchanged and in consecutive biennial sessions -- before making the ballot. The proposed gay-marriage ban cleared the Republican-led Legislature two years ago but was changed recently to remove a ban on civil unions, thus preventing it from going to the 2014 ballot.

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