Oregon’s anti-discrimination laws discussed

Should a business be able to refuse service to someone based on their sexual orientation? It’s a question being debated nationwide following a controversial law passed in Indiana.

On Tuesday, Indiana’s Governor Mike Pence said he will change the Religious Freedom Restoration Act.

“We’ve got a perception problem here, because some people have a different view,” Pence said.

In a statement issued Tuesday, Oregon Gov. Kate Brown denounced law: “Indiana’s new law offends me. No individual, regardless of where they live or whom they love, should suffer discrimination.”

The law was meant to allow a person’s free exercise of religion and protect it from being “substantially burdened” by the government.

In other words, if a business owner feels the sexual orientation of his customer collides with his own religious beliefs, he can refuse service.

“Some states have no laws at all regarding sexual orientation,” said Deschutes County District Attorney John Hummel said Tuesday. “Which means people are free to discriminate, based on someone’s sexual orientation.”

That is not the case in Oregon. In 2008, the state specifically included sexual orientation in its anti-discrimination law. Bend had passed a similar equal rights ordinance in 2004, when Hummel was a city councilor and a leading proponent of the move.

“A business is allowed to discriminate against somebody as long as the person is not part of a protected class,” Hummel said.

In most states, protected classes include race, gender, religion or veteran status. Hummel said Indiana’s law is actually unnecessary, because in that state, sexual orientation is already not a protected class. Indiana’s governor expressed surprise on Tuesday about the backlash, noting similar laws are already in effect in 19 other states.

The federal Religious Freedom Act passed in 1993.

“This law has been in peaceful effect for generations,” said Bishop Liam Cary of Diocese of Baker, based in Bend.

But Hummel said, “I think what’s happened with Indiana is that this is the first law that’s been passed since there has been a change in public sentiment.”

Bishop Cary said he is in favor of laws that seek to protect religious freedom.

“In the United States, we take great care not to force the conscience of citizens,” Cary said. “We try to give way so that people can live in peace, so that people do not have to violate their religious beliefs or philosophical beliefs.”

The American Civil Liberties Union of Oregon’s executive director, David Fidanque, said he is worried about legalizing discrimination.

“Many of these same arguments were made to justify discrimination based on race and color back in the 1960s and 70s,” he said. “and today, the hot issue ism same-sex marriage discrimination is wrong, and we shouldn’t have laws protecting discrimination.”