• PIERRE, S.D. (AP) -- A measure that sought to prevent lawsuits against businesses that refuse to hire or provide services to gays and lesbians was rejected Tuesday by a South Dakota legislative panel after opponents said the bill was unnecessary and would send a message of hate or fear.
• The Senate Judiciary Committee voted 5-2 to kill the bill, which also sought to protect people from being sued for expressing their beliefs on sexual orientation.
• Sen. Jean Hunhoff, R-Yankton, a member of the committee, said the measure and similar ones introduced during this year's legislative session seem to be focused on trying to divide society.
• "Because what? We fear them? We fear what it's going to lead to?" Hunhoff said. "I have a difficult time as a faith-based person that I'm supposed to be afraid of these people."
• If passed, the bill would have put the South Dakota Legislature on record as finding that the U.S. Constitution does not grant the federal government authority to govern speech on sexual orientation or to control businesses' ability to employ people based on sexual orientation. The measure also said expressing the viewpoint that any sexual orientation is wrong or a sin is constitutionally protected speech.
• Sen. Craig Tieszen, R-Rapid City, said the bill was flawed because it sought to have the South Dakota Legislature interpret the U.S. Constitution, something it has no authority to do.
• It is similar to measures filed in other states that would allow a person or company to assert a religious freedom defense against a lawsuit. Those bills, for example, seek to prevent lawsuits against bakers, florists or others who refuse to provide services for same-sex weddings. Opponents of the South Dakota bill said businesses in the state are already free to deny service to gay or lesbian people.
• The measure's main sponsor, Sen. Phil Jensen, R-Rapid City, said the bill was necessary to protect business owners. He said in general it would protect people who believe homosexuality is wrong from being attacked by groups supporting gay, lesbian, bisexual and transgender people.
• "As a follower of Jesus Christ, I am commanded to love, to love everyone," Jensen said. "That does not mean I must condone the lifestyle choices that certain groups of people choose."
• However, Sen. Mark Kirkeby, R-Rapid City, said the measure is not needed to protect anyone, but is "a mean, nasty, hateful, vindictive bill."

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