Wednesday, April 13, 2011

Arizona Governor Vetoes Free Exercise Legislation Out of Concern It Could Protect FLDS Members

Arizona Governor Jan Brewer on Monday vetoed SB 1288, a bill that would have prohibited denial or revocation of occupational licenses based on a person's exercise of religion. (See prior posting.) The Verde (AZ) Independent reports that Brewer's veto message stated broadly that: "This bill could protect conduct that harms the public but cannot be readily addressed if the person claims that the conduct is based on religious beliefs."  Apparently her veto was based primarily on her concern that the bill would have  prevented the suspension of certification of police officers who practiced polygamy in the FLDS-controlled town of Colorado City, Arizona. It might well have also protected officers who refused to give information regarding   fugitive FLDS leader Warren Jeffs, claiming that protecting him was a religious practice. Brewer says she will cooperate with the legislature next session to draft a more acceptable version of the law.

UPDATE: Here is the full text of the Governor's veto letter. [Thanks to Volokh Conspiracy.]