My home state in West Virginia is struggling. The economy is struggling because two of the state's main industries — coal and natural gas — are facing falling production (coal) and low prices (gas). Severance taxes for the state account for approximately 13% of the budget, and both are down dramatically. Tax revenues for the state were down $9.8 million in January from the prior year and came up $11.5 million short of estimates. For the year-to-date, the state collected $2.29 billion, which is $169.5 million below estimates. Oddly enough, state sales and income taxes for January both exceeded estimates, but not enough to offset other stagnation in the state.
The state has long been known as a coal state, and that industry has dominated the legal and political landscape. West Virginia has been criticized for having a legal system that is "anti-business," with the United States Chamber of Commerce finding stating that West Virginia is the 50th ranked state in terms of the fairness of its litigation. (See PDF here.) CNBC (with input from the National Association of Manufacturers) also ranked West Virginia last in terms of business competitiveness, so the starting point is not good.
Now, the West Virginia legislature is considering the state's Religious Freedom Restoration Act, which many (including me) see as about legalizing specific forms of discrimination, and not promoting or supporting religion. And some religious groups agree. As the Catholic Committee of Appalachia’s West Virginia Chapter explains:
We appreciate the background of 1993 federal act with the same name, and the history leading up to it, with its pertinence to protecting Native American sacred lands and religious practices from governmental infringement. With the U.S. Supreme Court’s decision that RFRA would only be applicable to federal actions, we can recognize, also, the value of an argument for versions of a law to be passed at the local level. However, the primary motivation behind West Virginia’s bill #4012, and others like it, seems not to be the protection of legitimate religious exercises, but securing the ability of religious groups to discriminate against marginalized populations on the basis of religious convictions.
Just as important for purposes of this post, many West Virginia businesses oppose the bill. Local Embassy Suites and Marriott hotels representatives spoke out against the bill, and the Charleston (WV) Regional Chamber of Commerce and Generation West Virginia, along with several city mayors, have opposed the bill, as well. They have good reason. When the state of Indiana passed a similar bill, Indianapolis promptly lost as many as twelve conventions and estimates around $60 million. Ouch. As one mayor said, West Virginia legislators need to "Get out of the way."
Morgantown, home to my institution, was the state’s second city to pass an LGBT non-discrimination ordinance in February 2014. West Virginia University’s faculty senate also unanimously yesterday approved a resolution condemning the bill. And there was a chance to make clear the intent of the bill was not intended to be used as a way to discriminate against someone based sexual orientation through a proposed amendment making that clear. Unfortunately, the amendment was deemed “not germane.”
Beyond coal, natural gas, chemicals, and timber, tourism is one of our state's main industries. It's also a great one. From whitewater rafting to skiing to hiking, the state is a great place for outdoor activities. Craft breweries and a few great local restaurants are helping make the state a destination. Unfortunately, the debate about this bill, especially in the wake of the backlash in Indiana, is hurting the state's ability to make build up it's tourism industry by making many people feel unwelcome.
It's really too bad as a local restaurant, Atomic Grill, made international news for how they responded to comments about their waitresses and has been lauded for their response to other intolerance in their restaurant.
I don't like this bill because, to me, it's either a tautology or an attempt to discriminate through legislation. But beyond that, it's stupid, terrible way to promote business in the state. We spend enough time trying to get people to come visit — and when people do, they almost always like it. It really is a great place in so many ways. At a time when the entire state is looking at 4% budget cuts across the board – when we need to be building bridges to broader audiences – the state's legislature is screwing around with bills that have zero economic upside and reinforce stereotypes about the people of our state.
Being pro-business means being pro-consumer, which really means being pro-people. This bill is none of those. We need to do better, and it's disappointing our time and our money are being wasted like this.