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Written by Don Byrd

I posted earlier about the Arizona bill making its way through the legislature that would broaden the free exercise protections in the state’s Religious Freedom Restoration Act. Among other changes, the bill would allow plaintiffs to bring suit for “potential violations.”

Here’s a quick update: yesterday the Senate passed the measure “with little debate” and sent it to the Governor for her signature. While proponents argue the change is not substantive, others are concerned about the unknown.

“I feel like they are being a little bit disingenuous,” said Serah Blain, executive director of the Secular Coalition for Arizona, of reassurances that the bill won’t drastically overhaul current state laws on religious freedom. “Nobody really seems to have a clear sense of what this will do and that in of itself makes this a dangerous bill. It seems irresponsible.”

Democratic Sen. Olivia Cajero Bedford of Tucson said the measure attacks women’s health rights and could allow businesses to deny services to gay couples under the guise of religious liberty. She said the bill was not about religious freedom.

“It’s instead about people trying to use religion to discriminate against gay individuals even when doing so is illegal under the law,” she said.

The impact even of “traditional” RFRAs continues to be a matter of controversy. While the effect of these changes is still completely unknown, I reiterate the question I asked earlier: what is the impetus for change? How has RFRA failed? Advocates of this expansion have yet to address that adequately to justify such a step.