What is it with Republicans in Arizona and their racist and now homophobic laws? Arizona Senate Bill 1062 would allow:
“Exercise of religion” means the practice or observance of religion, including the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
So if someone is an LGBTQ, a corporation based upon their “religious belief” can legally discriminate against serving or hiring anyone who happens to be born a lesbian, gay, bisexual or transgender. Question…Why? Because, under federal law, LGBTQs are not a protected class, therefore under the 10th Amendment, Arizona has the right to pass discrimination laws.
In California, it is a state offense to discriminate against people who are LGBTQs and doing so, would mean the corporation can get sued and possibly lose its charter to do business in this state. Currently there are 17 states and D.C. that ban discrimination against LGBTQs:
District of Columbia
Thankfully, there are Arizona Republicans who are against SB1062 and are urging Governor Jan Brewer to veto the bill. One such Arizonan Republican is Arizona Senator John McCain. McCain said that he hopes Brewer vetoes the bill. Why are the so-called God-fearing Republicans in a huff? Because one of their largest political contributors are against the bill…the Log Cabin Republicans.
This bill, as written, leaves the door wide open for discrimination. For example, a Jewish or Muslim store owner can refuse service to a Christian, because it is in conflict with their belief. If a person with a cross walks into their place of business, the Muslim or Jew can say no Christians are allowed.
An atheist can do the same. Though they may not be a part of a religious institution they can also legally discriminate against cross-wearing customers because of the Constitution:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Just because people like me don’t believe in a god, the Constitution states AZ cannot deprive [me] of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws if I were a resident and business owner in Arizona.
These laws apparently are written based upon some phobia or a lust for the religious folks and their desire to remain in office. These Republicans write laws without really thinking about the consequences: legal and/or political, so that they can cater to a society, though a minority, that is extremely vocal. One such bill-turned-law was SB 1070.
The evidence that the Arizona legislature’s bill that was crafted and now law proved that the legislature did not think the bill thoroughly, which was later signed by Brewer. The evidence are Sections 26 to 30. It is a felony at the state level to hire undocumented workers. After the passage of the bill, I’m sure the lawmakers are hoping that the residents of Arizona are asleep. Why?
According to Phoenix New Times reporter Stephen Lemons, Sheriff Joe Arpaio is still arresting undocumented workers, but apparently not arresting CEOs or managers who hire them. This disregard of their own law is in violation of 18 U.S. Code § 4 – Misprision of felony and Arpaio can be arrested.
How? §13-3884 which reads:
13-3884. Arrest by private person
A private person may make an arrest:
1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
So an Arizonan can legally arrest Joe Arpaio for violating SB 1070 sections 26 to 30 for not enforcing Section 31 subsection a&b. Actually, the undocumented worker can have Joe Arpaio arrested, too. Oh, and full disclosure, I am NOT a lawyer nor am I offering anyone legal services, but being a reporter, searching for and reporting on a law like this is perfectly within my Constitutional rights. But I do suggest you see a lawyer.
The backlash to the elected officials in Arizona can bite them in the behind and destroy the very fabric that makes Arizona the great state that it is. When the conservative values, racism, homophobia and right winged Christianity, are foisted upon their people, expect the infrastructure to collapse from their insolence.