By Renee K. Carlson, General Counsel, True North Legal
UPDATE: This bill was pulled from the committee schedule in advance of its expected second hearing (March 7, 2024). The bill may continue to move forward in the Legislature, and no fix to the concerning language threatening religious freedom has yet been adopted.
Last week, the public learned that the statutory exemptions for religious organizations under the Minnesota Human Rights Act are under threat. Many groups from diverse faith communities, including Jewish, Muslim, Mormon, Christian, and Catholic, signed a letter bringing attention to what appeared to be a legislative oversight due to statutory changes–namely, explicitly including “gender identity” as a protected category under the Minnesota Human Rights Act. The letter asked legislators to make clear that the legislature did not intend to eliminate protections for religious organizations, religious schools, and religious nonprofits by omitting explicit statutory language that protects them.
On February 29th, 2024, the legislature heard a bill in the House Judiciary Committee (link to view it here starting at 13:00) amending various sections of the Minnesota Human Rights Act, but the exemption for religious organizations remained in question. Rep. Harry Niska offered an amendment which would have amended the statute to make clear that the legislature indeed intends to honor religious freedom and religious autonomy of religious organizations and nonprofits. Notably, at this hearing, the Commissioner of the Minnesota Department of Human Rights, Commissioner Lucero, also testified about the bill and did not offer to amend or change the language when given an opportunity. The Committee Chair, Rep. Jamie Becker-Finn stated that the omission was in fact intentional.
After hearing from testifiers representing diverse faith groups from across Minnesota, a heated discussion ensued where members of the “Queer Caucus,” including Rep. Leigh Finke and Rep. Brion Curran, expressed feelings of disturbance and “disgust” towards people of faith whose beliefs about gender and human sexuality are driven by their sincerely held religious beliefs. Another legislator, Rep. Frederick, a professing Catholic, stated it was “hard to listen to” some of the testifiers, who were simply asking that the State ensure that protections for religious groups under the Minnesota Human Rights Act are consistent with religious freedom protections afforded by the Minnesota Constitution and the U.S. Constitution.
It was striking to see leaders of the Islamic, Catholic and ACSI (association of Christian Schools) testify in favor of the amendment in a dignified way, ensuring Committee members heard that the amendment was not about exclusion, but about protecting religious freedom. The hostile response from progressive legislators was shocking to witness, and Minnesotans have reacted with astonishment to this professed hostility toward religious freedom. To be clear, the religious exemption isn’t just about protecting one particular religious group; this applies to EVERY RELIGIOUS AND FAITH GROUP IN MINNESOTA!
Late last Friday, the Senate posted its schedule for this week, which included the companion bill in question, to be heard in the Senate Judiciary Committee on March 6th at 12:30 pm. Anyone who wanted to submit written or oral testimony was required to do so by 10:00 am on March 4th. On Monday, an email was sent to all of those who signed up to testify by 10:00 am stating that due to the number of testifiers and interest, a random selection process would determine who gets to testify. So, some people will be precluded from testifying and religious leaders in particular who may have influence in their communities would not be guaranteed the opportunity to have their voice heard. Not to mention there is little to no lead time for discussion or public debate on an issue of significant importance. To ensure religious protections are protected for all religious organizations in Minnesota the religious exemption must be included in legislation moving forward. This is the time to pray!