McAuliffe Vetoes 'Religious Freedom' Bill

Virginia Gov. Terry McAuliffe Wednesday vetoed Republican-backed Senate Bill 41, which would shield from civil liability those who actively discriminate against same-sex couples, according to a news release from the Governor's Office.

McAuliffe's veto decision comes at the same time that similar legislation is getting notice in Georgia, where Republican Gov. Nathan Deal rejected a “religious freedom” bill and North Carolina, where Republican Gov. Pat McCrory signed a bill that blocks local governments from expanding laws to protect the LGBT community.

In Virginia, McAuliffe announced the veto Wednesday morning on radio station WTOP. “It’s unconstitutional, it is discriminatory,” he said on the radio station. “It demonizes folks. It brings fear and persecution. We can’t tolerate that.”

“We need Virginia to be open and welcoming to everyone,” he said.

Some conservatives expressed displeasure Wednesday with the Governor's veto. "It is unfortunate that Gov. McAuliffe is so willing to discriminate against people of faith who simply disagree with the secular left's sexual dogma,'' said Victoria Cobb, president of the Family Foundation of Virginia.

Virginia state Sen. Adam Ebbin, the first openly gay state legislator to be elected in Virginia, said in an email to supporters: "We make progress — and someone tries to drag us back. This year, the General Assembly passed SB41, a bill allowing religious groups and businesses to discriminate against LGBT Virginians."

"Governor McAuliffe just vetoed that bill, and Democrats will sustain his veto in the Senate. We’ve stopped a bad law — but our fight isn’t over."

Lt. Gov. Ralph Northam released the following statement in response to the Governor’s action on Senate Bill 41 Wednesday:

“I applaud Governor McAuliffe for vetoing SB41 that would discriminate against thousands of Virginians and send the absolute wrong message to current and prospective employers who want their employees and their families to live in a welcoming and inclusive Commonwealth.

This important veto shows Virginians the difference that having the right Governor makes. Just last week, North Carolina’s Governor signed House Bill 2, one of the most anti-LGBT laws in the country, and an upsetting response to a nondiscrimination law passed in the City of Charlotte. Since Indiana's Governor signed a so-called religious freedom bill into law in 2015, Indianapolis alone has lost $60 million in tourism.

As part of Governor McAuliffe's economic development team and a member of the Virginia Tourism Corporation, I work hard every day to make sure that Virginia is business friendly and welcoming to all. Thanks to Governor McAuliffe's leadership, Virginia will not become the next North Carolina.”

The Governor's full veto statement is below:

March 30, 2016

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 41, which would shield from civil liability those who actively discriminate against same-sex couples.

Although couched as a “religious freedom” bill, this legislation is nothing more than an attempt to stigmatize. Any legitimate protections afforded by Senate Bill 41 are duplicative of the First Amendment to the Constitution of the United States; Article I, Section 11 of the Constitution of Virginia; and the Virginia Religious Freedom Restoration Act. Any additional protections are styled in a manner that prefers one religious viewpoint—that marriage can only validly exist between a man and a woman—over all other viewpoints. Such a dynamic is not only unconstitutional, it equates to discrimination under the guise of religious freedom.

This legislation is also bad for business and creates roadblocks as we try to build the new Virginia economy. Businesses and job creators do not want to locate or do business in states that appear more concerned with demonizing people than with creating a strong business climate. Legislation that immunizes the discriminatory actions of certain people and institutions at the expense of same-sex couples would damage Virginia’s reputation for commonsense, pro-business government. We need only look at the damage these types of laws are doing in other states to understand the harm this bill could bring to our Commonwealth and its economy.

We should be pursuing policies to make Virginia a more vibrant and welcoming place to live, work, and raise a family. Senate Bill 41 would accomplish the opposite by making Virginia unwelcome to same-sex couples, while artificially engendering a sense of fear and persecution among our religious communities.

Accordingly, I veto this bill.

Sincerely,

Terence R. McAuliffe