House bill to allow service denial to same-sex couples tabled

Outright discrimination.

That's what members of the gay community call a bill introduced in the Iowa House Wednesday.  It would have allowed certain groups and small businesses to deny services to married same-sex couples based on religious beliefs.

While the bill didn't pass, this may not be the last of the legislation.

“It's unconstitutional, it's no different than race or ethnicity, gender,” said Thomas O'Shea, a Cedar Rapids native and member of the gay community.

“I'm not asking to be recognized in the religion," he said. "I'm just asking to have the same rights and responsibilities from a legal aspect."

University of Iowa Professor Timothy Hagle says that's why bills like the Religious Conscience Protection Act struggle on the House floor.

“What the supporters seem to suggest is recognizing people still have the right to practice religion as they see fit,” Hagle said.  The professor says the problem is when legislation protecting freedom of religion interferes with legal protection of civil rights.  He tells us a bill like this maybe viewed two ways: as outright discrimination ...

“Or they might say we didn't see it on its face, but clearly this will have a wide varity of unconstitutional applications, and so they strike it down,” said Hagle, adding this makes the bill unlikely to survive both the House and Senate.

Both Hagle and O'Shae said they doubt it's the last we'll see of this kind of legislation, as the debate over gay marriage continues in Iowa.