February 9, 2011 Iowa should not encourage discrimination The Register's editorial

There is no shortage of bad ideas that would harm others. Unfortunately, some of those ideas are coming from people elected to public office. Rep. Richard Anderson, for example, is sponsoring a bill called the Religious Conscience Protection Act. A better title would be: The Right to Legally Discriminate Against Minorities Act. Anderson (R-Clarinda) is the same lawmaker who opposes gay marriage and stood on the floor of the Iowa House last week talking about driving state policy toward "responsible procreation." Anderson's proposed legislation would give legal cover to some businesses, individuals and organizations to cite religious beliefs to deny housing, goods and services to persons involved in a marriage they find objectionable. This would allow discrimination without fear of a civil claim or penalty. Anderson tries to disguise his legislation as having to do with religious freedom protected by the First Amendment. He can put all the lipstick he wants on Senate Study Bill 50. Underneath, it's still the same pig. And it would pave the way - and even encourage - denying equal protection to gay Iowans who exercise their constitutional right to marry. Covered persons or groups with "sincerely held religious beliefs" are given the green light to do what they want in providing goods and services. That opens the door for broad interpretation and unlimited discrimination against gay Iowans. And gay couples might not be the only ones affected by this proposed law: What if a landlord sincerely believes the Christian who wants to rent an apartment shouldn't be married to a Jew? Or a white to a black? It seems this is a bipartisan notion: State Rep. Kurt Swaim (D-Bloomfield) filed a similar bill last session. Fortunately, there are 148 other lawmakers in the Iowa Legislature, and we can only hope that a majority of them would reject this latest effort if it goes any further. It should go no further. A House subcommittee is scheduled to consider the bill today. The members should kill it on the spot. There is no place in this state for laws that seek to deny equal treatment to certain groups of people, whether it is based on their race, their religion or their sexual orientation. The Iowa Legislature just four years ago passed a law prohibiting discrimination on the basis of sexual orientation in employment, housing, education and public accommodation. This bill would create a religious-based exemption to that law. That would be wrong. It's one thing to cite the First Amendment to say the government can't tell churches what they can or cannot do; it is an entirely different matter to use it as an excuse to deny equal treatment of people in the public realm of employment, housing and commercial establishments. The proposal likely violates federal law. Housing discrimination, for example, based on race, color, national origin, religion, sex, family status or disability is illegal. Anderson did acknowledge Monday some details in the legislation need to be resolved. "The bill is not finished," he said. "There may be other concerns that we need to address." The bill should be finished. It should be gone. The concern that needs to be addressed: The thinking behind such an effort. How would Iowa be a better place by denying people rights? It wouldn't. And just the proposal is an embarrassment.