A second bill that deals with free speech, religious freedom, and sexual orientation failed in the House State Affairs Committee Wednesday evening. House Bill 1251 comes on the heels of Senate Bill 128 which sparked protest in Rapid City and allegations of discrimination from gay rights activists. The bill says a person cannot be sued for refusing to provide goods or services if doing so violates religious beliefs regarding sexual orientation, and a person cannot be sued for expressing religious beliefs on the subject of sexual orientation. It also says clergy members are not required to perform marriage ceremonies if doing so violates their beliefs. Representative Lance Russell is a prime sponsor of the bill. He says the measure is a response to events happening in other parts of the country. But opponents say the bill is offensive and discriminatory. Tom Barnett is with the State Bar Association. He says the courts have no jurisdiction to enforce religious tenets.
“Our constitutional rights are precious. And the message that is in this bill attempts to wrap our precious constitutional rights around a message of hate. And that’s wrong,” Barnett says.
Committee members unanimously sent the bill to the 41st legislative day.