Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Civil Rights 14th Amendment topic
No spam. Unsubscribe anytime.
Committee advances bill saying Obergefell binds public actors, not private citizens
Summary
House Bill 1473, which its sponsor described as a clarification that the 14th Amendment and Obergefell v. Hodges apply to state actors and not private citizens, passed out of subcommittee 5–1 after debate over whether it could enable private actors to refuse services.
Representative Balsall told the subcommittee that HB1473 does not change Supreme Court precedent but clarifies that Obergefell applies to public actors—state and political subdivisions—and does not bind private citizens or organizations. He said the bill "simply clarifies" the scope of the 14th Amendment in statutory language.
Representative Harris challenged that framing, asking whether the measure effectively writes discrimination into state law and whether it could be defended in court. "I don't look at this bill as being something that's about religious liberty, but about just figuring out a way to write discrimination into our constitution," Harris said. Balsall replied that federal civil-rights statutes (for example, Title VII and other federal laws) remain in force and that private actors that accept federal funds would still be bound by federal conditions. Following a failed motion to send the bill to summer study (2 ayes, 5 nays), the committee voted to move HB1473 to judiciary full by a recorded count of 5 yeas and 1 nay.
