AZ State Rep. Proposes Broad State RFRA Amendments

Written by Don Byrd
Arizona State Representative Steve Yarborough has proposed legislation (pdf) that would authorize broad rights to discriminate against others based on religious belief by amending the state’s Religious Freedom Restoration Act provision. The law currently prohibits the government from substantially burdening a person’s religious exercise unless it is necessary to achieve a compelling state interest. Yarbrough’s amendments specify that RFRA can be a defense in any “state action,” regardless of whether the government is a party to the proceeding (so, a lawsuit by another individual, for example). It also redefines “person” to include corporations and “any legal entity.”

The move seems to be in response to circumstances in which vendors like photographers, florists and cake-makers have been sued under state anti-discrimination laws after refusing to serve customers’ same-sex weddings.

Arizona Appeals Court Approves Voucher Program Despite Religious Funding Concerns

Written by Don Byrd
In a unanimous ruling yesterday the Arizona Court of Appeals upheld the state’s education funding mechanism that allows parents of students with disabilities to spend public money on private school tuition, including religious education. Plaintiffs challenged the law, citing Arizona’s constitutional prohibition on funding for religion, but the court rejected that argument.The religious element of the education, the court seems to say, is only an incidental feature of the educational choice.

Workplace Harassment Proves Costly for Arizona Corporation

Written by Don Byrd
According to the Phoenix Business Journal, the religious discrimination in the workplace claim against Arizona’s Swift Aviation has settled for $50,000. Supervisors in the company were accused of harassing a Muslim employee in a lawsuit brought by the EEOC.

Arizona Senate Passes Changes to RFRA, Sends to Governor

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.