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Civil-rights groups back bill to bar state procurement conditions tied to foreign-country boycotts
Summary
House Bill 1460 would prohibit Maryland agencies from requiring contractors to certify they do not participate in boycotts of foreign countries. Civil-rights and Muslim advocacy groups told the committee the measure protects First Amendment rights; sponsors cited an executive order and Supreme Court precedent.
On March 19 the Health and Government Operations Committee heard testimony on House Bill 1460, a measure to bar the State of Maryland from conditioning procurement on certifications that contractors do not participate in boycotts of foreign countries.
Representatives of the Council on American-Islamic Relations (CAIR) urged the committee to pass the bill. A CAIR speaker said the measure would “prohibit the state of Maryland from unconstitutionally requiring certifications related to boycotts of foreign countries as a condition for procurement contracts.” Robert McCaw, government affairs director for CAIR, told the committee that an existing executive order dating to 2017 requires contractors to certify they are not participating in certain boycotts and that such a requirement conflicts with First Amendment protections. He invoked U.S. Supreme Court precedent, saying the right to boycott is “protected by the Constitution” and cited NAACP v. Claiborne Hardware Co. as support.
CAIR framed the bill as protecting free-speech rights and enabling individuals and businesses to take political positions without losing eligibility for state contracts. Witnesses told the committee many prospective testifiers had scheduling constraints for religious observance and that the committee was accommodating those witnesses.
No lawmakers recorded a committee vote during the testimony. Committee members said they planned to continue consideration of the measure; CAIR indicated it would be available for follow-up as the committee refines language and considers Executive Order 010121725 (referenced by the witnesses) in the record.
