Minnesota Republicans ask for exemptions from gender identity section of Human Rights Act

ST. PAUL, Minn. (GRAY) – Minnesota Republicans want a religious exemption added to the state’s Human Rights Act. Last year, gender identity was added to the state’s HRA, a statute that protects against housing, employment, and education discrimination. A new bill introduced by State Rep. Harry Niska (R-Ramsey) aims to exempt all religious organizations and institutions from following the policy as it relates to gender identity.

“I’m moving for an urgency because we have an urgent need to restore the consensus in our state in favor of religious freedom,” said Niska, calling to suspend the House rules for an immediate vote on his bill during Monday’s floor session.

On a party-line vote, members of the house motioned to table the bill so it could go through the proper committees, something that’s unlikely in a DFL legislature.

Currently, the state’s HRA contains exemptions for religious groups on the basis of sexual orientation. Last year’s legislation separated gender identity from sexual orientation under the law, officially codifying protections for the transgender community in the HRA. The new legislation did not, however, add gender identity to the existing exemptions. Niska hopes it was an oversight.

“Until last year, everyone agreed that the government should not dictate religious doctrine to faith communities. But the changes to the Minnesota Human Rights Act last year, hopefully inadvertently, changed that,” said Niska.

Niska and other Republicans gathered in the capitol ahead of the House floor session Monday, highlighting Niska’s bill. They were surrounded by religious leaders from around the state.

In his bill, Niska proposes the state add the words “or gender identity” to the HRA’s exemption clause.

“No matter what we have in our anti-discrimination laws, no matter what we say in terms of protecting folks on the basis of sexual orientation or other issues of human sexuality [we need to be] hands off with the faith communities,” he said.

DFLers see the push as an attempt to allow further discrimination of the transgender community and haven’t given the bill a hearing.

On February 29th, a bill to issue technical corrections to the HRA went before the House Judiciary Committee. Niska introduced an amendment that would’ve added the exemptions to that technical bill.

The amendment was shot down on a party-line vote, as DFL members on the committee expressed concerns.

“If you can’t understand identity, whether it’s sexual identity or gender identity, perhaps just perhaps, you might want to look people in the eye who do exist and are telling you that we are here as nonbinary or trans,” said Rep. Brion Curran (DFL-Vadnais Heights), a member of the state’s queer caucus.

The bill is unlikely to move forward. The DFL holds a majority and the party appears strongly against the bill.

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