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Missouri Mulling Religious Liberty Referendum Critics Call Anti-Gay

Two bride figurines adorn the top of a wedding cake during an illegal same-sex wedding ceremony in central Melbourne August 1, 2009. Gay activists staged mock weddings across Australia on Saturday as the governing Labor Party voted against changing its ban on gay marriage.
Two bride figurines adorn the top of a wedding cake during an illegal same-sex wedding ceremony in central Melbourne August 1, 2009. Gay activists staged mock weddings across Australia on Saturday as the governing Labor Party voted against changing its ban on gay marriage. | (Photo: Reuters/Mick Tsikas)

Missourians could not be forced to participate in a same-sex wedding if a proposed referendum is added to the ballot and passed.

Known as Senate Joint Resolution 39, the proposed referendum item passed the Senate in March and is presently being debated in the House.

"That the state shall not impose a penalty on a religious organization on the basis that the organization believes or acts in accordance with a sincere religious belief concerning marriage between two persons of the same sex," reads the proposed amendment in part.

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"That the state shall not impose a penalty on an individual who declines either to personally be a participant in a wedding or marriage or to provide goods or services of expressional or artistic creation, such as a photographer or florist, for a wedding or marriage or a closely preceding or ensuing reception therefore, because of a sincere religious belief concerning marriage between two persons of the same sex."

Jay Nixon, governor of Missouri.
Jay Nixon, governor of Missouri. | (Photo: Office of Governor Jay Nixon)

Republican State Senator Dr. Bob Onder, sponsor of SJR-39, told The Missouri Times in an interview last month that the proposed amendment was "a shield and not a sword."

"In the area of private business, it would protect business people like Melissa Klein in Oregon who was fined $130,000 by the state and sued out of business because she refused to be commandeered into participation in a religious ceremony that violated her conscience informed by her religion," stated Dr. Onder.

"The issues of protecting pastors, religious organizations, and small business people enjoy 70 to 80 percent support among the public. I believe Missourians will do the right thing and pass SJR 39 overwhelmingly."

SJR 39 was referred to the House Committee on Emerging issues, which held a meeting about the bill Tuesday evening but did not vote on it.

"The House Emerging Issues Committee hearing coincided with the launch of Missouri-Competes.org, a nonpartisan website listing more than 100 businesses, chambers of commerce and other entities that oppose the measure," reported Jack Suntrup of the St. Louis Post-Dispatch.

"Businesses and others have panned provisions that grant protections to wedding vendors and other 'religious organizations,' including hospitals, charities and other entities with religious ties. They also worry about more lawsuits, mainly from employees who could be disciplined by managers for not selling goods to gay people."

In March, Democrats in the Missouri Senate launched a 39-hour filibuster against the bill, believed to be the longest filibuster in state history.

"Gov. Jay Nixon has spoken out against SR-39, applauding fellow Democratic lawmakers in his state for fighting the bill. But their opinions may not make a difference," reported Fox 2.

"That's because, just like in Missouri's Senate, there are well more than double the number of Republicans as Democrats in the legislation's next stop — the state House of Representatives."

When asked by the Missouri Times about it being discriminatory, sponsor Onder denounced such an allegation as disregarding religious liberty.

"In making such charges, the opposition is basically saying that they no longer believe in freedom of conscience, freedom of religion, or freedom of association. Remember, in the wedding vendor cases, the plaintiffs are not looking for services, they are looking for lawsuits," said Onder.

"What the opposition is saying to businesspeople like Melissa Klein is: violate your conscience or the iron fist of government will come down on you. That is not tolerance; that is tyranny."

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