Idaho bill would preempt local nondiscrimination ordinances

BOISE, ID – Under a new bill introduced Wednesday, the Idaho Legislature would ban local policies in more than a dozen cities that prohibit discrimination on the basis of sexual orientation and gender identity.

New Idaho bill would fine cities for flying LGBTQ+ pride flag

The bill, written by the Idaho Family Policy Center, a conservative Christian group, and sponsored by Nampa Republican state Rep. Bruce Skaug, would block local governments in Idaho from having more strict antidiscrimination policies than established in state law.

Skaug argued that the varying local rules hinder economic growth.

“In addition to threatening our religious freedoms, all of these conflicting local antidiscrimination ordinances create a tangled web of red tape that varies from city to city, county to county,” Skaug told lawmakers. “In the business sector, it burdens the entrepreneurs and the employers.”

The bill comes after more than a decade of failed efforts in the Idaho Legislature to add LGBTQ+ discrimination protections to state law.

Since 2011, 13 Idaho cities and towns have passed nondiscrimination ordinances including Sandpoint, Boise, Idaho Falls, Moscow, Lewiston, Meridian, Ketchum, Hailey, Bellevue, Driggs, Victor, Pocatello and Coeur d’Alene. In 2020, Ada County, home to Boise, passed its own, KTVB reported.

Chelsea Gaona-Lincoln, executive director of Add the Words Idaho, a group that has pushed for LGBTQ+ antidiscrimination protections, called the bill embarrassing.

“There are real issues Idaho needs addressed,” she said in a statement. “Lawmakers should move on and find something meaningful and responsible to do with the time and taxpayers’ money. Let queer and trans people live in peace.”

Idaho Family Policy Center, which wrote the bill, echoed Skaug’s arguments

The Idaho House Local Government Committee voted to introduce Skaug’s bill Wednesday, teeing it up for a full committee hearing with public testimony. All 14 Republicans on the committee supported introducing it, and the committee’s two Democrats opposed it.

Rep. Steve Berch, a Boise Democrat, called the bill “an overreach of legislative power or state power over the cities and communities.”

Skaug told the committee that the bill would ban more than just local antidiscrimination policies for LGBTQ+ protections, saying it would also prevent housing-related measures that deal with income and familial status. In an interview after the committee hearing, Skaug couldn’t immediately share which localities have those other nondiscrimination measures.

In preparing the bill, Skaug told the Idaho Capital Sun that he worked with the Idaho Family Policy Center and the Alliance Defending Freedom, a conservative Christian legal group.

In a statement, Idaho Family Policy Center President Blaine Conzatti said local antidiscrimination ordinances “are frequently weaponized against small business owners — especially wedding vendors or those offering creative design services.”

“No small business owner should ever be forced to choose between violating their sincerely held religious beliefs or leaving the marketplace altogether,” he said. “… Government officials have forced bakers, photographers, florists, graphic designers, and wedding venue operators to participate in same-sex wedding ceremonies and pride festivals.”

Planned Parenthood critiques bill as stripping local control

Rep. Marco Erickson, an Idaho Falls Republican, made the motion to introduce the bill in committee.

In 2013, the Idaho Falls City Council first passed an ordinance barring LGBTQ+ discrimination in housing and employment, becoming the seventh Idaho town with such protections at the time, Boise State Public Radio reported. In 2020, the Idaho Falls City Council expanded the discrimination protections to public accommodations, the Post Register reported.

In a statement, Planned Parenthood Alliance Advocates’ Idaho State Director Mistie DelliCarpini-Tolman critiqued the bill as stripping local control.

“In places across Idaho, locally elected officials are ready and willing to stop discrimination, and this bill blocks them from doing exactly that, what voters elected them to do,” Tolman said. “That isn’t small government. It’s a uniform denial of basic protections that tells LGBTQ+ Idahoans and other marginalized residents that their safety and dignity don’t matter.”

Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.

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