Vol. 79/No. 15      April 27, 2015

In 1993 then-President Bill Clinton signed a federal Religious Freedom Restoration Act that said that “governments should not substantially burden religious exercise without compelling justification.” The Supreme Court four years later ruled that the law could not be applied to state governments. Since then 19 state legislatures have passed similar laws.

“This bill is not about discrimination,” Pence claimed when protests against signing it broke out. “If I thought it legalized discrimination I would have vetoed it.”

But these laws have nothing to do with preventing discrimination against the free exercise of the right to worship. Their goal is to legitimatize discrimination against gays and others.

“VICTORY AT THE STATEHOUSE!” conservative group Advance America said in a press release after its leader, Eric Miller, participated in the private ceremony where Pence signed the bill. “Christian bakers, florists and photographers should not be punished for refusing to participate in a homosexual marriage.”

In addition, the Indiana bill broadens the definition of a “person” who can claim the religious exemption to include an individual, an association, a partnership, a limited liability company, a corporation, a church, a religious institution.

The move flies in the face of the dramatic expansion in broad public opposition to discriminatory state marriage laws that perpetuate anti-gay prejudice and bigotry by denying equal protection to individuals on the basis of their gender or sexual orientation.

Widespread protest

Thousands demonstrated in Indianapolis March 28 to denounce the Restoration of Religious Freedom Act.

The American Federation of State, County and Municipal Employees was “the first organization to pull a convention from Indianapolis due to the law,” Carli Stevenson, communications coordinator for AFSCME Indiana-Kentucky Organizing Committee 962, told the Militant. “Our union has a long history of standing up for civil rights. We could not hold an event where our members could be discriminated against.”

Two of the state’s senior Republicans, former Gov. Mitchell Daniels and former Vice President Daniel Quayle, spoke out against the bill.

The National Collegiate Athletic Association, based in Indianapolis, said the law “might affect future events as well as our workforce.” The Disciples of Christ, with some 6,000 annual convention attendees, threatened to boycott the state.

Pence was taken aback. “I’ll call them. I’ll talk to them,” he told a news conference.

Shortly after signing the bill, he began to push for passage of a bill to “clarify” it. The new bill passed the legislature April 2.

Pence refused to propose a state anti-discrimination law. But the “clarification” adopted did include language, for the first time in Indiana, prohibiting discrimination based on sexual orientation and gender identity, as well as race, religion, disability or U.S. military service.

“This has changed somewhat now, so we are taking a look at the new legislation,” Stevenson said.

“Indiana doesn’t have any protections about gender identity or sexual orientation in the state’s civil rights bill,” Mary Byrne, executive director of Indiana Youth Group, an organization that promotes the safety, health and education of gay youth, told the Militant.

“Some local municipalities do,” Byrne said, noting only 11 municipalities have laws barring discrimination based on sexual orientation or gender identification. “The legislation won’t do anything for 90 percent of the state where they don’t have local laws against discrimination.”

“On the other hand,” Byrne said, “it is the first time that these two phrases ‘gender identity’ and ‘sexual orientation’ have been included in statewide legislation in Indiana. We see it as a springboard to get this included in the civil rights bill.”

Anne Parker contributed to this article.  
 
 
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