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'''Indiana Senate Bill 101''', titled the '''Religious Freedom Restoration Act''',<ref>{{cite web|author=Indiana General Assembly |url=https://iga.in.gov/legislative/2015/bills/senate/101#document-92bab197 |title=Indiana General Assembly, 2015 Session |publisher=Iga.in.gov |date= |accessdate=2015-03-29}}</ref> is a proposed law that mandates that religious liberty of individuals and corporations can only be limited by the “least restrictive means of furthering a compelling government interest.”<ref>{{cite web|url=http://money.cnn.com/2015/03/27/news/companies/businesses-fight-indiana-gay-discrimination/|title=Apple's Tim Cook 'deeply disappointed' in Indiana's anti-gay law|work=CNN Money|date=27 March 2015}}</ref> The bill has been controversial. Opponents of the law claim that is targeted against LGBT people and other groups. The bill is similar to the controversial ] vetoed by Governor ] in 2014, which expanded Arizona's existing RFRA to include corporations.<ref>{{cite web|url=http://edition.cnn.com/2014/02/26/politics/arizona-brewer-bill/|title=Arizona Gov. Jan Brewer vetoes controversial anti-gay bill, SB 1062|publisher=CNN|date=27 Feb 2015|author=Catherine E. Shoichet}}</ref><ref>{{cite web|url=http://america.aljazeera.com/articles/2014/2/26/brewer-gay-law.html|title=Arizona gov. vetoes controversial ‘religious freedom’ bill|date=26 Feb 2015|publisher=Aljazeera}}</ref> '''Indiana Senate Bill 101''', titled the '''Religious Freedom Restoration Act''',<ref>{{cite web|author=Indiana General Assembly |url=https://iga.in.gov/legislative/2015/bills/senate/101#document-92bab197 |title=Indiana General Assembly, 2015 Session |publisher=Iga.in.gov |date= |accessdate=2015-03-29}}</ref> is a law that mandates that religious liberty of individuals and corporations can only be limited by the “least restrictive means of furthering a compelling government interest.”<ref>{{cite web|url=http://money.cnn.com/2015/03/27/news/companies/businesses-fight-indiana-gay-discrimination/|title=Apple's Tim Cook 'deeply disappointed' in Indiana's anti-gay law|work=CNN Money|date=27 March 2015}}</ref> The bill has been controversial. Opponents of the law claim that is targeted against LGBT people and other groups. The bill is similar to the controversial ] vetoed by Governor ] in 2014, which expanded Arizona's existing RFRA to include corporations.<ref>{{cite web|url=http://edition.cnn.com/2014/02/26/politics/arizona-brewer-bill/|title=Arizona Gov. Jan Brewer vetoes controversial anti-gay bill, SB 1062|publisher=CNN|date=27 Feb 2015|author=Catherine E. Shoichet}}</ref><ref>{{cite web|url=http://america.aljazeera.com/articles/2014/2/26/brewer-gay-law.html|title=Arizona gov. vetoes controversial ‘religious freedom’ bill|date=26 Feb 2015|publisher=Aljazeera}}</ref>


The bill was approved by a vote of 40-10<ref>{{cite web|url=http://jurist.org/paperchase/2015/03/indiana-lawmakers-approve-religious-freedom-bill.php|title=Indiana lawmakers approve 'religious freedom' bill|work=Jurist Paper Chase|date=26 March 2015}}</ref> and on March 26, 2015, ] signed SB 101 into law.<ref>{{cite news|title=Indiana Gov. Pence defends religious objections law: 'This bill is not about discrimination'|url=http://www.chicagotribune.com/news/nationworld/chi-indiana-religious-freedom-bill-sb101-pence-20150326-story.html|work=Newspaper|publisher=The Chicago Tribune|accessdate=26 March 2015|}}</ref> The law's signing was met with widespread criticism by such organizations as the ], ], CEO of Apple, the gamer convention ], and the ]. Technology company ] said it would halt its plans to expand in the state.<ref>(March 26, 2015) - . ''CNN''. Retrieved March 26, 2015.</ref><ref>{{cite web|url=http://bigstory.ap.org/article/5c0770a9256e4dca98c4c569f62f44db/indiana-officials-look-stem-religious-objections-fallout|title=Indiana officials look to stem religious objections fallout|author=Tom Davies|date=27 Mar 2015|publisher=Associated Press}}</ref> The bill was approved by a vote of 40-10<ref>{{cite web|url=http://jurist.org/paperchase/2015/03/indiana-lawmakers-approve-religious-freedom-bill.php|title=Indiana lawmakers approve 'religious freedom' bill|work=Jurist Paper Chase|date=26 March 2015}}</ref> and on March 26, 2015, ] signed SB 101 into law.<ref>{{cite news|title=Indiana Gov. Pence defends religious objections law: 'This bill is not about discrimination'|url=http://www.chicagotribune.com/news/nationworld/chi-indiana-religious-freedom-bill-sb101-pence-20150326-story.html|work=Newspaper|publisher=The Chicago Tribune|accessdate=26 March 2015|}}</ref> The law's signing was met with widespread criticism by such organizations as the ], ], CEO of Apple, the gamer convention ], and the ]. Technology company ] said it would halt its plans to expand in the state.<ref>(March 26, 2015) - . ''CNN''. Retrieved March 26, 2015.</ref><ref>{{cite web|url=http://bigstory.ap.org/article/5c0770a9256e4dca98c4c569f62f44db/indiana-officials-look-stem-religious-objections-fallout|title=Indiana officials look to stem religious objections fallout|author=Tom Davies|date=27 Mar 2015|publisher=Associated Press}}</ref>

Revision as of 00:57, 31 March 2015

Mike Pence was the Governor of Indiana who signed the bill into law.

Indiana Senate Bill 101, titled the Religious Freedom Restoration Act, is a law that mandates that religious liberty of individuals and corporations can only be limited by the “least restrictive means of furthering a compelling government interest.” The bill has been controversial. Opponents of the law claim that is targeted against LGBT people and other groups. The bill is similar to the controversial Arizona SB 1062 vetoed by Governor Jan Brewer in 2014, which expanded Arizona's existing RFRA to include corporations.

The bill was approved by a vote of 40-10 and on March 26, 2015, Mike Pence signed SB 101 into law. The law's signing was met with widespread criticism by such organizations as the NCAA, Tim Cook, CEO of Apple, the gamer convention Gen Con, and the Disciples of Christ. Technology company Salesforce said it would halt its plans to expand in the state.

Thousands protested against the policy, in part because of Indiana's reputation for "Hoosier hospitality". Greg Ballard, the Republican mayor of Indianapolis called on the legislature to repeal the law, or add explicit protections for sexual orientation and gender identity. Mike Pence has repeatedly defended the bill, stating that it is not about discrimination, including on an appearance on the ABC News Program This Week with George Stephanopoulos, during which he said that "we are not going to change this law."

Background

Indiana's Attorney General Greg Zoeller has written amicus briefs supporting same-sex marriage bans in Hollingsworth v. Perry and United States v. Windsor and appealed the Supreme Court's ruling on Same-sex marriage in Indiana. Politifact reports that "Conservatives in Indiana and elsewhere see the Religious Freedom Restoration Act as a vehicle for fighting back against the legalization of same-sex marriage." In 2015, the Alabama Supreme Court ordered a halt to the issuing of same-sex marriage licenses, Kansas rescinded an LGBT anti-descrimination order, and Arkansas prohibited anti-discrimination codes being enacted by cities and local governments.

Burwell v Hobby Lobby

  States with RFRA Laws  States with RFRA Bills following Hobby Lobby

In 1993, the Religious Freedom Restoration Act was passed by the U.S. Congress and signed into law by President Bill Clinton. Originally, the federal law was intended to apply to federal, state, and local governments. In 1997, the U.S. Supreme Court in City of Boerne v. Flores held that the Religious Freedom Restoration Act only applies to the federal government, but not states and other local municipalities within them. As a result, 21 states passed state RFRAs before 2014.

In 2014, the United States Supreme Court handed down a landmark decision in Burwell v. Hobby Lobby Stores, Inc. recognizing a for-profit corporation's claim of religious belief. Nineteen members of Congress who signed the original RFRA stated in a submission to the Supreme Court that they "could not have anticipated, and did not intend, such a broad and unprecedented expansion of RFRA". The members further stated that RFRA "extended free-exercise rights only to individuals and to religious, non-profit organizations. No Supreme Court precedent had extended free-exercise rights to secular, for-profit corporations." Following this decision, many states have proposed expanding state RFRA laws to include for-profit corporations, including in Arizona where SB 1062 was passed but was vetoed by Governor Jan Brewer in 2014. Indiana's SB 101 defines a "person" as "a partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association" or another entity driven by religious belief that can sue and be sued, "regardless of whether the entity is organized and operated for profit or nonprofit purposes." Indiana Democrats proposed an amendment that would not permit businesses to discriminate and the amendment was voted down.

Signing

Lobbyists from the American Family Association and the Indiana Family Institute, who pushed for a ban on Same-sex marriage in Indiana were among the guests invited to the bill's private signing. Micah Clark, executive director of the American Family Association of Indiana, previously stated that the organization would shift its focus from opposing gay marriages to preventing people from being forced to participate if they oppose them on religious grounds. Conservative Christian lobby group Advance America, which warned of "dire consequences" if same-sex marriage was enacted, stated on their website that the law means "Christian bakers, florists and photographers should not be punished for refusing to participate in a homosexual marriage!"

The bill was approved by a vote of 40-10. The Governor signed the approved bill into law three days later and the law becomes effective on July 1, 2015.

Governor Mike Pence has repeatedly claimed the bill does not cause discrimination, stating in a release that the bill is about "respecting and reassuring" citizens that their "religious freedoms are intact."

Reaction

File:RFRA Indianapolis Protests - 2015 - Justin Eagan 02.jpg
Anti-SB 101 protesters at the Indiana State Capital

The Republican mayor of Indianapolis, Greg Ballard, issued a statement against the bill: "I had hoped the Statehouse wouldn't move in this direction on RFRA, but it seems as if the bill was a fait accompli from the beginning. I don't believe this legislation truly represents our state or our capital city. Indianapolis strives to be a welcoming place that attracts businesses, conventions, visitors and residents. We are a diverse city, and I want everyone who visits and lives in Indy to feel comfortable here. RFRA sends the wrong signal." Ballard called on the legislature to repeal the law, or add explicit protections for sexual orientation and gender identity, and has called for local human rights ordinances to be exempt from the statute.

James Danko, the president of Butler University called the bill "ill-conceived legislation at best" and commented "No matter your opinion of the law, it is hard to argue with the fact it has done significant damage to our state." Charles L. Venable, CEO of the Indianapolis Museum of Art stated the bill will "make it harder for us to attract the best and the brightest to the state."

Tim Cook, CEO of Apple Inc. stated he was "deeply disappointed" in the law. Yelp CEO Jeremy Stoppelman stated “ is unconscionable to imagine that Yelp would create, maintain, or expand a significant business presence in any state that encouraged discrimination by businesses against our employees, or consumers at large.” He stated "These laws set a terrible precedent that will likely harm the broader economic health of the states where they have been adopted, the businesses currently operating in those states and, most importantly, the consumers who could be victimized under these laws." Eli Lilly and Company stated that the "outcome on this particular piece of legislation has been disappointing."

The National Basketball Association put out a joint statement with the Indiana Pacers and the Indiana Fever that "We will continue to ensure that all fans, players and employees feel welcome at all NBA and WNBA events in Indiana and elsewhere." USA Track & Field stated they are "deeply concerned" by the bill. Mark Emmert, president of the NCAA issued a statement expressed concern at how student-athletes, employees and visitors would be treated and stated they "intend to closely examine the implications of this bill and how it might affect future events as well as our workforce." ESPN's Keith Olbermann called on the NFL and the NCAA to drop Indiana as a venue for major events. Charles Barkley described the bill as "unacceptable" and Jason Collins, and Chris Kluwe oppose the bill. Arn Tellem stated that the bill "codifies hatred under the smoke screen of freedom and jeopardizes all that has been recently accomplished" and called for sports organizers to re-evaluate their short- and long-term plans in the state.”

Gen Con has issued a statement that it will leave the state if the bill is passed.

Eskenazi Health expressed concern that the legislation could lead to some patients being turned away from healthcare workers claiming religious objections, which would "undermine our patients' trust in every member of Eskenazi Health's staff and our health system in general."

Bryan Fischer, the former Director of Issues Analysis for the American Family Association, a supporter of the law likened opponents of the law to Hitler.

Boycotts

Marc Benioff, CEO of Salesforce.com announced that the company would cancel all programs that require customers or employees to travel to Indiana.

Angie's List announced that they would cancel a $40 million expansion of their Indianapolis based headquarters due to concerns over the law, that would have moved 1000 jobs into the state, and the mayors of San Francisco and Seattle have boycotted official travel to Indiana. Connecticut announced they would ban state-funded travel.

The Disciples of Christ have threatened to move their annual conference out of Indiana over the bill.

The American Federation of State, County and Municipal Employees announced they would pull their October conference out of Indianapolis.

Impact

A similar bill in Georgia has stalled, with constituents expressing concern to Georgia lawmakers about the financial impacts of such a bill. A meeting on the bill was cancelled. The bill may also jeopardize Atlanta's bid for the 2019 Super Bowl. Supporters of the bill have stated that the bill would be "gutted" by the inclusion of anti-discrimination clause.

After the Burwell v. Hobby Lobby Stores, Inc. decision, the definition of religious beliefs has expanded from the beliefs of individual employees to the practices of closely held for-profit corporations. Stacey Evans proposed an amendment to change references of “persons” to “individuals,” which would have eliminated closely held for-profit corporations from the proposed law, and the amendment was rejected because it would not give protections to closely held corporations to practice discrimination based on religious beliefs, granted by the Supreme Court in the Hobby Lobby case.

Meanwhile, on March 28, 2015, the Arkansas Senate passed a bill called the "Conscience Protection Act", modeled after Indiana's RFRA.

Texas SJR 10 and HJR 55 plan to introduce a similar bill that changes the language from "substantially burden" to "burden". The Texas Business Association voted to oppose the bills. Molly White introduced a bill that would expressly grant private businesses the right to “refuse to provide goods or services to any person based on a sincerely held religious belief or on conscientious grounds.”

See also

References

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