Before the state Senate added a nondiscrimination amendment to the since-defeated West Virginia Religious Freedom Protection Act, the state Chamber of Commerce told lawmakers it had serious concerns about the bill because of its lack of anti-discrimination language.
In a letter sent last week to Senate Majority Leader Mitch Carmichael, R-Jackson; Senate President Bill Cole, R-Mercer; and Senate Judiciary Chairman Charles Trump, R-Morgan, Chamber President Steve Roberts wrote that "without anti-discrimination protections in the bill, we remain gravely concerned that HB 4012 could result in discriminatory practices towards West Virginians."
"Our Chamber members have voiced their concerns that this legislation will send the wrong message about West Virginia to the outside world," he wrote. "Our members are asking if HB 4012 is a solution in search of a problem and could result in unintended consequences."
After weeks of contentious debate between LGBT rights supporters and social conservatives, the West Virginia Senate rejected the Religious Freedom Protection Act on a 27-7 vote on Wednesday.
The bill, formerly called the West Virginia Religious Freedom Restoration Act, would have established a legal process for courts to follow when people or businesses believed governmental action was violating their religious beliefs. The bill would have established a balancing test for courts to use when determining if someone was being substantially burdened by governmental action, and whether the state had "compelling governmental interest" in ensuring the law was followed.
Civil rights advocates opposed the bill because "governmental action" could have included civil rights laws, including local nondiscrimination ordinances that extend protections to lesbian, gay, bisexual and transgender residents. Some supporters openly said the bill was a reaction to the legality of same-sex marriage.
During second reading Tuesday, senators had amended the bill to say people who feel their religious beliefs are being violated could not use the bill to argue they shouldn't have to abide by nondiscrimination ordinances and laws.
When the bill first started making its way through the Legislature, the Chamber declined to take a position on the bill.
Roberts said at the time his group had asked lawyers to review the language and was keeping in contact with legislators.
He said Friday that reviewing the bill was a lengthy process because his group took an in-depth look at the language before arriving on a position.
He said they looked at other state RFRAs, how courts could interpret the legislation, and the potential message that the bill's passage could send.
"We were very deliberate in weighing both the language and the intent," he said.
Roberts said they had also approached House leadership about concerns while the bill was being considered in the House of Delegates.
He said they supported language that the House Judiciary Committee added that said the legislation could not be used to support a lawsuit against a non-governmental employer.
Roberts said the Chamber viewed the amendment the Senate added as a "reasonable step" but ultimately still had concerns about the message the bill could send.
"If it raises the specter of discrimination, our view is always going to be that we don't need it," he said.
He said that while they didn't question the motives of the bill supporters, it was "being interpreted as sending a message that we as a state do not want to send."
Numerous pro-business groups and companies had opposed the bill, including the Opportunity WV coalition made up of the West Virginia Cable Telecommunications Association, AT&T, Embassy Suites, Charleston Marriott Town Center and Generation West Virginia. The board chairman of the Morgantown Area Chamber of Commerce and the Charleston Area Chamber of Commerce president spoke against the bill. Small businesses are also posting "All Kinds are Welcome Here" stickers in their windows, to show they are welcoming to the LGBT community.
Carmichael, Cole and Trump did not return calls on Friday.
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