Legislature restores exemption allowing religious groups to discriminate based on gender identity

The Minnesota Legislature voted Tuesday to restore an exemption in state law protecting religious organizations and schools against claims of gender identity-based discrimination.

Last year, lawmakers modernized definitions in the Minnesota Human Rights Act prohibiting discrimination based on sexual orientation. But no corresponding religious exemption was added for gender identity, so current law allows a church to discriminate against a gay applicant but not a trans applicant. 

Some Republican lawmakers assumed it was an oversight, and introduced bills and amendments restoring the exemption, but earlier in the session, the majority Democratic-Farmer-Labor Party largely ignored their pleas, leading to passionate, angry debates in committee hearings.

Numerous religious groups pushed for what they said was religious freedom protected by the state and federal constitutions, arguing they should be able to employ people who adhere to their religious beliefs without the threat of civil rights litigation. 

Republicans mobilized, calling it an “unprecedented attack” on religious autonomy.

But Tuesday, the Senate unanimously approved a bill (HF4021/SF4292) reinstating the religious exemption. 

True North Legal, which represents religious groups, had already threatened litigation, noting the U.S. Supreme Court ruled in 2020 that the government cannot control religious schools’ hiring decisions.

Sen. Warren Limmer, R-Maple Grove, released a statement saying the vote was the result of  weeks of negotiations.

“Passing this amendment and the bill today secures in law the right we all have under the Constitution,” Limmer said.

The House followed suit later Tuesday, and now the bill heads to Gov. Tim Walz’s desk. 

It was a stunning turnabout from the DFL reaction earlier this session. 

When Rep. Harry Niska, R-Ramsey, suggested in a late February committee hearing that the DFL inadvertently forgot to include the religious exemption last session, committee chair Rep. Jamie Becker-Finn, DFL-Roseville, corrected him, saying, “It was not an oversight.”

Rep. Brion Curran, DFL-White Bear Lake, was visibly upset by religious leaders’ testimony in support of the exemption, calling it “disgusting,” “infuriating,” “disrespectful” and a direct attack on trans and non-binary people.

“I am appalled that we are having this discussion,” Curran said. “Where’s the dignity in not recognizing our fellow neighbors?”

Minnesota’s first out trans lawmaker, Rep. Leigh Finke, DFL-St. Paul, said during the hearing that the state took big steps toward protecting people’s rights last year — opening its doors as a refuge for transgender people — and said lawmakers weren’t about to allow discrimination against the LGBTQ community.

Niska released a statement saying it’s not the language he originally proposed, but achieves his goal of retaining a broad statutory exemption for both sexual orientation and gender. 

“Both sides had to be flexible in working to resolve this issue and I think the finished product respects all Minnesotans,” Niska said. “It protects institutional autonomy and the rights of association for people of faith.”