Commentary: Conservatives meet resistance even as power grows in states

Conservatives meet resistance even as power grows in states

For months, attention has been focused on the gridlock that grips our national legislative body in Washington.

However, in recent days it is state legislatures that have received major attention, particularly the legislatures in Indiana and Arkansas. It was the passage of so-called "religious freedom restoration act" legislation (RFRA) in those two states that propelled them into the spotlight. The national uproar over whether the legislation countenanced discrimination against gays, lesbians, and transgender individuals led to amendments to the originally approved legislation in both states.

There is still argument about the effect of the provisions in the legislation, although the rapid-fire series of events clearly demonstrated how dramatically attitudes about the rights of LGBT individuals, including same-sex marriage, have shifted in the nation in recent years -- even though fierce opposition remains.

There are two additional and highly significant developments that were on display in this flurry of activity. First is the dominance that Republicans now exercise in state legislatures, not just in Indiana and Arkansas. Since 2008, Democrats have lost control of 30 state legislative chambers, totaling 910 seats. Today, Republicans control 69 of the nation's 99 state legislative bodies.

The GOP and conservative interest groups have made a concerted push to strengthen their position in state governments. Part of the motivation for this resulted from their inability to advance their agenda at the federal level. Now, even with Republican majorities in both the House and Senate in Washington, they are finding it very difficult to attain their legislative goals in Gridlock City.

More and more money has been poured into state campaigns, much of it coming from national and out-of-state groups. And, although Republicans have chalked up major electoral success at the state level, that success has benefited from support from an informal coalition that has included not just social-issue conservatives and libertarians, but major business interest groups as well.

The controversy over the "religious freedom" issue and concerns about discrimination against gays not only drew the protests of civil rights activists but from prominent and potent components of the business sector, heretofore an important element of that informal Republican coalition.

Indiana's legislation brought quick and significant criticism from the NCAA, which has headquarters in Indianapolis. Other organizations and businesses, including chambers of commerce in various cities, followed suit. In Indiana these included two major companies: Cummins, the world's largest diesel engine manufacturer, and pharmaceutical giant Eli Lilly. That state's leading newspaper, the Indianapolis Star, ran a huge front-page editorial headline: "Fix This Now."

Perhaps most significant of all was the position taken by Wal-mart, the Arkansas-based retail behemoth. CEO Doug McMillon said the original bill passed by the Arkansas Legislature "threatens to undermine the spirit of inclusion present throughout the state of Arkansas and does not reflect the values we proudly uphold." McMillon, who heads the state's and nation's largest private employer, asked Gov. Asa Hutchinson to veto the bill. That didn't happen, but the Republican governor convinced legislators to revise the bill to make it more acceptable. The legislators complied and Hutchinson signed the revision.

Other major Arkansas-based businesses such as Acxiom, the data company, had also strongly opposed the original legislation, with a top official calling it a "disgrace upon us all."

Arkansas should be particularly sensitive to the effects of discriminatory actions, considering what happened in the state in 1957 and thereafter, beginning with the efforts by Gov. Orval Faubus to block desegregation of Central High in Little Rock and including a series of pro-segregation bills passed by the legislature of that era. The state's image was badly besmirched and it was very damaging for the state's economic development. In the days following passage of the original Indiana and Arkansas bills, a number of major businesses were heard from, ranging from Gap to Levi Strauss. In Georgia, where comparable legislation was being considered, Atlanta-based Coca-Cola warned against any discriminatory legislation, and the legislature adjourned without voting on a bill. Apple CEO Tim Cook said Apple "is open to everyone," and expressed strong opposition to such legislation, although he was skewered by former Hewlett-Packard chief Carly Fiorina, a possible GOP presidential aspirant, who called it a "ginned-up controversy by people who play identity politics."

Undoubtedly, many political skirmishes are ahead on these issues. However, those in state legislatures who thought they were going to get a free ride on social issues and conservative causes are finding that the Republican/conservative dominance in those bodies may have its limitations.

Religious liberty is a fundamental American right. However, our pluralistic democracy, with diverse religions and beliefs, should operate on the principle that freedom for all is only attained when that liberty is not used to abridge the rights of others.

Hoyt Purvis is a journalism and international relations professor. Email him at [email protected].

Commentary on 04/08/2015

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