RICHMOND – Governor Terry McAuliffe today vetoed Senate Bill 41, which would shield from civil liability those who actively discriminate against same-sex couples. The Governor's full veto statement is below:
March 30, 2016
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 41, which would shield from civil liability those who actively discriminate against same-sex couples.
Although couched as a “religious freedom” bill, this legislation is nothing more than an attempt to stigmatize. Any legitimate protections afforded by Senate Bill 41 are duplicative of the First Amendment to the Constitution of the United States; Article I, Section 11 of the Constitution of Virginia; and the Virginia Religious Freedom Restoration Act. Any additional protections are styled in a manner that prefers one religious viewpoint—that marriage can only validly exist between a man and a woman—over all other viewpoints. Such a dynamic is not only unconstitutional, it equates to discrimination under the guise of religious freedom.
This legislation is also bad for business and creates roadblocks as we try to build the new Virginia economy. Businesses and job creators do not want to locate or do business in states that appear more concerned with demonizing people than with creating a strong business climate. Legislation that immunizes the discriminatory actions of certain people and institutions at the expense of same-sex couples would damage Virginia’s reputation for commonsense, pro-business government. We need only look at the damage these types of laws are doing in other states to understand the harm this bill could bring to our Commonwealth and its economy.
We should be pursuing policies to make Virginia a more vibrant and welcoming place to live, work, and raise a family. Senate Bill 41 would accomplish the opposite by making Virginia unwelcome to same-sex couples, while artificially engendering a sense of fear and persecution among our religious communities.
Accordingly, I veto this bill.
Terence R. McAuliffe