Written by Don Byrd
[UPDATE 5/2: SJR has failed to pass out of committee, 6-6.]
A proposed constitutional amendment making its way through the Missouri legislature did not receive a committee vote this week as planned after lawmakers requested additional time to consider legal opinions. SJR 39 allows voters to shield religious organizations and individuals (including closely held businesses) from government penalty for refusing to provide services relating to same-sex marriage ceremonies due to their religious beliefs.
The Kansas City Star reports:
Missouri House Emerging Issues Committee chairman Elijah Haahr, a Springfield Republican, denied that a lack of support motivated him to delay Wednesday night’s vote until Monday. Two committee members approached him asking for more time to consider written testimony and legal opinions that they received this week, he said, so he agreed not to hold a vote Wednesday.
…
Proponents are pushing the measure in response to last year’s U.S. Supreme Court ruling legalizing same-sex marriage nationwide. They say the amendment is needed to prevent those with sincerely held religious beliefs from being punished by government and point to lawsuits in other states faced by florists and bakers who declined to provide services for same-sex weddings.
Critics say clergy and houses of worship are already protected by the federal and state constitution from having to participate in a wedding they disagree with. But because the proposed amendment extends protections to those in the private sector, they say it would allow businesses to legally discriminate against LGBT Missourians.
Missouri’s is just one more in a spate of legislative initiatives attempting to respond to religious objections to the legal recognition of same-sex marriage. As BJC General Counsel Holly Hollman wrote in a column this week, religious exemptions are an important part of our law, but should be crafted carefully and should take into account their impact on others.
A vote is expected on Monday of next week. If passed, SJR39 would head to Missouri voters in November for a referendum to amend the state constitution.
