AUSTIN, Texas — After an emotional debate, the Texas House of Representatives initially passed the so-called "Save Chick-fil-A Bill" on Monday.
Senate Bill 1978 prohibits the state and local governments from taking adverse action against a person or business based on their affiliation with or donations to religious organizations.
Republican Matt Krause (Fort Worth) sponsored the bill in the House after his identical version was killed in the lower chamber by the LGBTQ Caucus earlier this month.
"The government should not be able to take an action against you for something you do in private, something you donate to, something you affiliate with or are associated with," he said.
While the bill was filed early in the session, it became known as the "Save Chick-fil-A Bill" after the San Antonio City Council blocked the restaurant from opening a location in the airport because of donations it made to organizations that reportedly oppose gay marriage.
Supporters framed the bill as a religious freedom bill, but opponents argued that freedom is already guaranteed in the First Amendment of the U.S. Constitution and the bill instead limits the ability of city leaders to make decisions about their communities and opens the door to discrimination against LGBTQ Texans.
"While I am sure the intent of this bill is to protect individual freedom, in reality, it would provide a segway for individuals looking to circumvent the rules of law in the name of religion," said State Rep. Julie Johnson (D-Carrollton), who is a member of the LGBTQ Caucus. "Private businesses could legally refuse service to families like mine based on the owners' religious belief."
Each member of the caucus spoke, including Austin Representative Celia Israel.
"As a Catholic, as an American, as a Texas legislator who happens to be gay, these days are really weird for me," said Israel. "It's hard to reconcile any anti-gay bill with the good and decent people I know each of you to be."
Israel fought back tears as she told lawmakers what message she believes the bill sends to LGBTQ youth.
"There are young boys and girls out there who are just trying to be kids. There are girls who just want to play basketball and wear high-tops, and they don't want to wear frilly dresses. There are boys who maybe lie about having girlfriends because they really have a crush on the captain of the football team. But they are afraid to be their true selves," said Israel. "I mention these young Texans because they are watching us. I guarantee you they are watching us right now. By allowing this bill onto the House floor, you are giving sanctions to those who would make these kids feel less than or weird or different."
Rep. Krause closed on the bill by telling his colleagues nothing in the bill allows discrimination, but rather it ensures all people and businesses, whether it's Chick-fil-A or Ben and Jerry's, are free to be affiliated with or give money to organizations without fear of retaliation.
The bill passed mainly on party lines, with the exception of Houston Republican Sarah Davis, who voted with the Democrats.
The House will have to vote on the bill once more. After that, it will be sent back to the Senate where the author, Senator Bryan Hughes (R-Mineola), will decide if he wants to accept the amendment that was added by the House. If he accepts it, the bill will be sent to the governor's desk.
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