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Texas House LGBTQ Caucus kills 'Save Chick-fil-A' bill it says would be discriminatory

The newly formed Texas House LGBTQ Caucus effectively killed a House bill that they argued would be discriminatory against the LGBTQ community, but supporters of the bill said would protect religious liberties.

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Veronica Stracqualursi
, CNN
CNN — The newly formed Texas House LGBTQ Caucus effectively killed a House bill that they argued would be discriminatory against the LGBTQ community, but supporters of the bill said would protect religious liberties.

House Bill 3172, also called the "Save Chick-fil-A" bill, would have prohibited government from taking "adverse action" against any individuals or businesses based on membership, support or donations to religious groups.

The bill authored by Texas state Rep. Michael Krause was in response to the San Antonio's decision to exclude the fast food chain from the San Antonio International Airport.

On Thursday, Democratic House Rep. Julie Johnson, one of the caucus' five members, used a parliamentary action to delay the bill and ultimately kill the legislation.

Midnight on Thursday was the deadline for the House to consider legislation out of the chamber. Johnson had raised a "point of order" on the bill twice -- with her second attempt successful, arguing that the bill's analysis was inaccurate.

"Bills like this are hurtful. They cause pain. And we can't allow religion to be a cover for discrimination," Johnson told CNN in an interview Friday.

When it was first introduced in March by Krause, the bill would have restricted any governmental entity from "adverse action" against person or business "based wholly or partly on a person's belief or action in accordance with the person's sincerely held religious belief or moral conviction, including beliefs or convictions regarding marriage."

"It protects Ben & Jerry's as much as it protect Chick-fil-A. ...The government should not be penalizing, should not taking adverse action against you for your belief on a marriage," Krause said in April during a committee public hearing.

The bill was voted out of committee last Wednesday, 9-2.

"Proud of (Johnson) and the (Texas LGBQT caucus) for stopping the anti-LGBTQ bill that would have legalized discrimination and cost Texas billions of dollars in business. Once again, Texas does not stand for hate," the Texas Democratic Party said on Twitter.

CNN has reached out to Krause for comment.

"Texas Democrats have stifled religious liberty and the freedom to support any organization or belief they do not agree with," Texas GOP Chairman James Dickey said in a statement, arguing that HB 3172 "sought to defend Texans from government persecution based on their beliefs - which everyone should be in favor of."

"Instead, Texas Democrats continue to show their true colors by denying Texans their Constitutionally guaranteed freedoms," Dickey added.

The House will now hear Senate bills before the legislative session is over on May 27.

"We still have to be vigilant but hopefully given the resounding joy that went though the House chamber when we were successful, on both Democrats and Republicans, hopefully this is over for this session and we can focus on the important things like the education bill," Johnson said.

Republican Sen. Bryan Hughes has introduced a companion bill, which has been referred to the Senate State Affairs committee.

Conservative religious rights' group Texas Values, who was confident HB 3172 would pass, argued the bill "fell on a technicality despite overwhelming and bipartisan support."

Jonathan Saenz, the president of Texas Values' legislative action arm, said in a statement, that the group is "prepared to get (the Senate bill) moving immediately."

"This common-sense religious freedom effort is far from over. We will not allow the clear will of the majority of Texans and a bipartisan majority of the Texas Legislature to be thwarted by a few," Saenz said.

In March, San Antonio's city council approved a new concessions contract for the San Antonio International Airport -- on the condition that Chick-fil-A be excluded.

The Texas attorney general's office opened an investigation into whether the city of San Antonio violated Chick-fil-A's religious liberty over its decision.

The fast food chain has been criticized by supporters of same-sex marriage in recent years after its president, Dan Cathy, said the company supported "the biblical definition of the family unit."