Bill to void local LGBTQ protections sparks fight over local control in Idaho

POCATELLO, Idaho — A bill moving through the Idaho Legislature would wipe out local LGBTQ anti-discrimination protections in cities across the state. While supporters argue the bill protects religious freedom and creates a uniform business environment, critics warn that it "opens the door for discrimination" and betrays the state's supposed commitment to local control.

A Challenge to Local Autonomy

House Bill 557 would negate local ordinances in 14 cities and two counties that currently bar discrimination in housing and employment based on sexual orientation and gender identity. Those protections include cities such as Pocatello and Idaho Falls.

Sen. James Ruchti, D-Pocatello, said he opposes the bill and plans to speak against it when it comes before the Senate State Affairs Committee, where he is the lone Democrat.

“This bill confuses me and surprises me in a lot of ways,” Ruchti said. “Its intention seems to be to protect individuals and businesses who want to discriminate, so that they can discriminate against others. And I don’t get that.”

Ruchti said the measure contradicts the Legislature’s own stated support for local control. He pointed to a Senate concurrent resolution passed last year that praised local governments and urged the state to let communities make decisions based on their own needs.

“Out of one side of your mouth, the Idaho Senate can say local governments are important, and we should let them determine what’s best for their communities,” he said. “And then out of the other side say, ‘except in situations we don’t agree with you on.’ That’s not how this should work.”

If HB 557 becomes law, existing local ordinances would become unenforceable, leaving state law as the only standard. Ruchti said that would send a clear and harmful message to LGBTQ residents.

“It sends the message to our communities that they are open for discrimination against a class of people that live there,” he said. “It allows discrimination in housing and employment. These 14 communities have come together and made a conscious decision to say, we don’t want discrimination. It’s gone well for the last 12 years, so there’s no reason to change it.”

Pocatello’s non-discrimination ordinance was adopted in 2013 after a heated local debate. Opponents forced a referendum to try to repeal it, but voters narrowly chose to keep the law. Ruchti co-chaired the campaign to defend the ordinance.

“The community came out to support the ordinance, to make sure we kept it,” he said. “We were able to win when we had the election, and it was a community effort.”

The Case for Religious Freedom

Supporters of HB 557 argue that a patchwork of local rules creates confusion and hurts economic growth by making it harder for businesses to operate uniformly across the state. Ruchti rejects that claim, pointing to Idaho’s strong economy in recent years.

“There’s no evidence that these ordinances have hampered our economic growth,” he said. “Idaho’s economy is vibrant, and I think part of that is because people don’t have to worry about being discriminated against when they look for a job or a place to live.”

Supporters of HB 557 say the issue is about protecting religious freedom and ending what they see as unfair legal exposure for people of faith.

Blaine Conzatti, president of the Idaho Family Policy Center, said most Idahoans want the Legislature to act.

“More than 71% of likely Idaho voters want this legislation, and it’s not hard to understand why,” Conzatti said in a written statement. “SOGI ordinances are frequently weaponized against people of faith, who are often forced by law to participate in same-sex weddings, pride festivals, and other LGBT activities that violate their convictions.”

In Idaho Falls, violations of the local ordinance can bring a $100 fine for a proven discriminatory violation and up to $1,000 for repeated violations. The city in 2020 repealed an earlier misdemeanor penalty that allowed for up to six months in jail.

Conzatti said other Idaho cities still attach potential jail time to their ordinances and pointed to the example of Don and Evelyn Knapp, a Christian couple in Coeur d’Alene who said they were threatened with enforcement action under that city’s law if they refused to perform same-sex ceremonies at their family-owned wedding venue.

“No small business owner should ever have to choose between living out their faith or going to jail (or paying a fine),” Conzatti said. “Religious freedom – including the ability to run our businesses according to the dictates of our conscience – is a fundamental right.”

The Path Forward: The Committee Battleground

Ruchti said communities like Pocatello tend to value practical governance over party labels, focusing on basic services and everyday concerns.

“People are just very practical,” he said. “They want their government officials to make their lives easier: make sure we can get a good education, make sure we can go to work, make sure we’ve got a place to live — then get out of the way and let us do our thing. In my opinion, House Bill 557 works against that principle.”

The bill has already passed the House and is expected to be taken up by the Senate State Affairs Committee in the coming weeks. Ruchti said the committee is likely the key battleground.

“If it makes it to the Senate floor, it’s passing,” he said. “Our best opportunity is at the committee level to kill it.”

“Sometimes I debate, and my debate is not successful in changing anybody’s mind,” he said. “But I’m going to believe that it’s possible.”