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The passage of Indiana’s Religious Freedom Restoration Act caused businesses to speak out against the legislation and some even canceled travel to the state until an amendment was added clarifying the bill. As passed, Senate Bill 101 would prohibit any state laws that “substantially burden” a person’s ability to follow his or her religious beliefs. The bill’s definition of a person included religious institutions, businesses and associations.
Gov. Mike Pence characterized Indiana’s act, which was signed into law March 26, as “simply guidance to the courts.” But the controversy over claims the RFRA was anti-gay led legislators to pass an amendment April 2 meant to prevent providers from refusing service to a person based on sexual orientation or gender identity. Indiana Democrats wanted the legislation repealed.
The signing of the original bill led to an uproar from critics in Indiana and nationally that the bill would lead to discrimination in Indiana.
There was debate in the legal community whether the language of the original bill would have allowed gays, lesbians, bisexuals and transgendered people to be denied service.
Opponents of RFRA have called for Indiana’s Civil Rights Act to be expanded to cover the LGBT community. Indiana Senate Republicans released a proposal on Organization Day Nov. 17 that would extend state civil rights protections to LGBT people while also carving out broad exemptions for religious institutions and some small businesses that object to working with gay people.
Though the bill extends civil rights to LGBT people, it has notable exceptions. It would exempt wedding-related businesses with less than four employees from having to do work for a gay or lesbian couple. It would also exempt faith-based schools, adoption agencies and nonprofits from complying.
One provision would require transgender people to have established their gender identity for at least a year to pursue a discrimination complaint. The bill also explicitly states that it is not “discriminatory” for businesses and organizations to enforce rules and policies related to the use of bathrooms, dressing rooms and showers by transgender people. Democrats said they needed to study the bill to see exactly what it does – or doesn’t – do.
“We’re considering it a roadmap for discrimination and not a set of meaningful protections for LGBT people,” said Jennifer Pizer, a lawyer for Lambda Legal, which supports gay rights.•
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