Anti-discrimination bill gains support

BOISE — A bill banning cities from enacting local protections based on sexual orientation and gender identity passed the House on Thursday, advancing the legislation for Senate consideration. 

House Bill 557, written by the Idaho Family Policy Center and sponsored by Rep. Bruce Skaug, R-Nampa, preempts local governments from enacting anti-discrimination policies that provide protections beyond those in place at the state level. If passed, cities, counties and other municipalities would be unable to maintain their existing non-discrimination ordinances or to modify existing state anti-discrimination laws. 

The bill’s stated intention is to provide businesses and organizations across the state with “consistent and uniform requirements” that don’t subject businesses to choosing between their sincerely held beliefs or the closure of their business.

Skaug said protections already exist at the state and federal levels to protect individuals based on their sexuality or gender identity. What the bill does, he said, is align cities with state law to both protect religious freedom and remove unnecessary red tape for employers. 

Skaug said Thursday the bill was brought forward “in large part” due to testimony he has heard from residents of Sandpoint. 

The city saw its non-discrimination ordinance overturned and replaced in November due to an alleged incident in which a transgender woman used a women’s locker room at a local YMCA. The city’s revised ordinance now references federal and state civil rights law, removing locally defined protected classes that included gender identity, as was reported by the Bonner County Daily Bee.

Despite Skaug’s invocation of Sandpoint, the two representatives for Bonner County were on opposite sides of the bill.

Rep. Cornel Rasor, R-Sagle, said the Sandpoint community stands “wholeheartedly” with the bill and noted several Sandpoint principals contacted him asking him about “the YMCA issue."

“I'm a proponent of reactive government, not government that does things first,” Rasor said. “And this seems to be a good position where government is reacting to what has happened with an appropriate reigning in."

Rep. Mark Sauter, R-Sandpoint, said he viewed the bill as a threat to local governance.

“I see this issue as overreach and a real threat to local control,” Sauter said, adding that he reached out to local constituents who returned a message of being uncomfortable “with men being in women’s bathrooms.”

The Sandpoint City Council has already worked to amend its local non-discrimination ordinance, hosting several hearings and, over the course of a month, retooling it to align with its values, Sauter said. 

“They didn't ask for some state amendment or a state action — they took care of it,” Sauter said. “… Local control works, that’s been proven in Sandpoint.” 

The House’s 53-17 vote sends the bill to the Senate, where it will also receive a public hearing before a debate and a vote on the Senate floor.

    Sauter