Indiana enacts religious freedom law which opponents say would allow LGBT discrimination
An Indiana bill that reportedly may allow businesses to refuse services to people based on religious beliefs was signed into law Thursday by Gov. Mike Pence. Opponents said that this could lead to discrimination against people, particularly on the basis of sexual orientation.
According to Indianapolis Star, groups planning to have large conferences in Indianapolis have said they would pull out if he signed Senate Bill 101. A group of technology executives, including Salesforce’s CEO, wrote to Pence opposing the measure.
“This bill is not about discrimination, and if I thought it legalized discrimination in any way in Indiana, I would have vetoed it,” Pence said at a Thursday news conference. “The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action.”
Indiana was one of five states that had laws banning same-sex marriage overturned on federal appellate review, and in October the U.S. Supreme Court denied their cert petitions. Pence reportedly denied that the new law is an offering for groups that support banning same-sex marriage, and cited University of Notre Dame’s objection to the Affordable Care Act’s contraception coverage provisions as a reason for the law.
He also refused to answer a reporter’s question about whether sexual orientation should be a protected class, the article states.
Language of the bill does not specifically mention same-sex couples. It does establish a compelling interest test for evaluating whether laws and practices impose substantial burdens on a person carrying out his or her religious beliefs, and the same test already governs federal law under the Religious Freedom Restoration Act, Daniel O. Conkle wrote in an oped piece supporting the bill.
Jane Henegar, executive director of the Indiana ACLU, said in a statement that she was deeply disappointed by the governor’s actions.
“The timing of this legislation is all important to understanding its intent: the bill was introduced as a backlash reaction to achieving marriage equality for same-sex couples in Indiana,” Henegar wrote. “While on its face the law is constitutional, only time will tell the full consequences of the state RFRA.”
According to the Washington Post, 19 other states also have laws inspired by the federal Religious Freedom Restoration Act.
Updated at 6:07 p.m. to add detail.
