Will Virginia follow Indiana with its own religious freedom bill?

As Indiana moves forward with implementing the Religious Freedom Restoration Act (RFRA), Virginia may follow suit in the upcoming legislative session, which could have an impact on the state’s business climate.

The RFRA in Indiana will allow private companies to have legal cover and an option not to serve those whose sexual orientation or lifestyle does not align with a business owner’s religious beliefs.

There has been controversy over the legislation, and businesses like Angie’s List decided not to open offices in Indiana following its passage.

Religious freedom legislation is already on the books in Virginia. Delegate Scott Lingamfelter (Fauquier/Prince William) passed a religious freedom bill with bi-partisan support back in 2007. Lingamfelter’s bill made allowances for individual’s religious beliefs as it relates to state government – for example – a person that wears a head garment for religious reasons would not be required to remove the garment in a government building, even though there is a rule that head garments are to be removed in these buildings.

In this past legislative session, Delegate Bob Marshall sought to expand the terms of this religious freedom bill to include private businesses. The bill was killed in a sub-committee voice vote.

“It specifically dealt with the area of state licensing…I’ve got clinical psychologists coming to me, telling me they’ve got contracts with the defense department, and that they’re being told that they have to affirmatively counsel that sodomy-based marriage is a good thing and that people who are in such a union need to be counseled to stay together,” said Marshall.

According to Marshall, the bill he put forth was meant only to protect First Amendment rights.

“The First Amendment…the goal [of the legislation] was to protect your freedom of association rights, and your rights of religious liberty, as established by the First Amendment,” Marshall commented.

Marshall stated that the bill would not have had any negative impact on business in Virginia, which he also reportedly stated in a letter to the Indianapolis Star.

“Angie’s List can’t go to 20 states if they’re really serious [about the Indiana legislation]… nine other states have adopted this [law] through court litigation…This is simply fake – what the homosexual lobby and their liberal allies are doing. Nobody goes to a hamburger stand, and is asked the question, ‘Are you a homosexual?’”

Additionally, Marshall commented that he might reintroduce his bill in the next legislative session if re-elected this November.

Don Shaw, a candidate running for Marshall’s seat in this election cycle, disagreed with Marshall’s view that the bill would have no economic impact.

“The text of that [bill] actually says in it that you can deny service to someone, based on their sexual orientation…it is most definitely an economic issue. I want to live in a place that has a robust and thriving economy – that’s Virginia. [Marshall] is doing everything he can to prevent that. He’s making this an unwelcome place, and businesses are going to reconsider whether or not they want to move to Virginia,” Shaw commented.

Area business owners are curious about what the economic impact could be if a version of Indiana’s RFRA legislation were to come to Virginia.

“As a small business owner, I think the [legislation] would be very detrimental to the public. I don’t think that we need to revert back to…when we used to refuse service to people. I think it would effect the [business] climate…I think it would influence attendance in our universities, I think it would impact small business, I just think it would be a terrible situation,” said Dr. Elizabeth Murphee, a chiropractor and Manassas resident.

According to Bob Witeck, president of Witeck Communications, the legislation would prevent job creation and economic development in Virginia.

“If Virginia adopted a law such as that proposed in Indiana, it would have a serious economic blowback on jobs and business growth in the Commonwealth because it would encourage many forms of discrimination. As a business owner and as a gay citizen, I belong to the Virginia Gay & Lesbian Chamber of Commerce for a reason: To open doors of commerce, to spawn more entrepreneurs, to create jobs and to be a community and marketplace that welcomes all, no matter who they are, what they believe or whom they love. It’s that basic,” Witeck said.