BILL REQ. #:  S-2693.5 

Read first time 04/26/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to the right to engage in commerce free from discrimination; amending RCW 49.60.030; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the United States Constitution is the supreme law of our nation, and this body has full confidence in its ability to endure all tests. Many immigrants came to our nation to escape government-sanctioned persecution of their faith. This body believes that any law which is designed to restrict the liberty of one faith tradition erodes the founding principle of religious liberty and that it is, as James Madison wrote in 1785, proper to "take alarm" at any such "experiment on our liberties." Our state has a history of embracing an individual's right to practice the faith tradition of his or her choice within the law and free of government interference. The legislature also finds that a multiplicity of religious beliefs, traditions, and heritages bring strength to our state. This body believes that it is not the role of the legislature of Washington state to disparage or marginalize any religious tradition. This body finds abhorrent all forms of discrimination, including those forms of discrimination targeting religion or belief. Our state benefits from a number of individuals and institutions whose faith motivates them to provide food to the hungry, shelter to the needy, inexpensive or free health services, and other humanitarian services. Religious leaders who facilitate conflict resolution often achieve results that ease the burdens on our courts.

Sec. 2   RCW 49.60.030 and 2009 c 164 s 1 are each amended to read as follows:
     (1) The right to be free from discrimination because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:
     (a) The right to obtain and hold employment without discrimination;
     (b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
     (c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;
     (d) The right to engage in credit transactions without discrimination;
     (e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph;
     (f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or national origin or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices; and
     (g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.
     (2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
     (3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.
     (4) Nothing in this section may burden a person or religious organization's freedom of religion including, but not limited to, the right of an individual or entity to deny services if providing those goods or services would be contrary to the individual's or entity owner's sincerely held religious beliefs, philosophical beliefs, or matters of conscience. This subsection does not apply to the denial of services to individuals recognized as a protected class under federal law applicable to the state as of the effective date of this section. The right to act or refuse to act in a manner motivated by a sincerely held religious belief, philosophical belief, or matter of conscience may not be burdened unless the government proves that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest.

NEW SECTION.  Sec. 3   This act takes effect August 1, 2013.