Indiana Gov. Mike Pence, on March 26, signed into law so-called religious freedom legislation that allows business owners and service providers within the state to refuse service to customers based upon the their religious beliefs.
Pence signed the legislation, SB 101, or, the Religious Freedom Restoration Act, in a private ceremony that was closed to media, but was photographed with the bill's lobbyists as well as religious personnel. On Twitter, Pence said that the bill ensures "that religious liberty is fully protected under Indiana law" and that the state was supporting "freedom of religion for every Hoosier of every faith."
But LGBT-rights advocates have maintained that the law, which prohibits laws and regulations that supposedly stifle religious expression, sanctions discrimination against gay and transgender residents and visitors, as well as anyone else who might brush up against someone's supposed religious scruples. They also say it's a sop from right-wing politicians to their constituencies who might resent the state's recent implementation of same-sex marriages. The law protects business owners from certain lawsuits from employees as well.
The bill's chief authors were state Sens. Dennis Kruse, R-14; Scott Schneider, R-30; and Brent Steele, R-44. Pence signed it just two days after it passed the House.
"The timing of this legislation is important to understanding its intent: The bill was introduced as a backlash reaction to achieving marriage equality for same-sex couples in Indiana," said Jane Henegar, executive director of the ACLU of Indiana, in a statement. "We are deeply disappointed that the governor and state lawmakers have been tone-deaf to the cries of legions of Hoosiers—including businesses, convention leaders, faith communities, and more than 10,000 people who signed petitions against the bill—who say they don't want this harmful legislation to impair the reputation of our state and harm our ability to attract the best and brightest to Indiana."
Jennifer Pizer, national director of Lambda Legal's Law and Policy Project, added, "One wonders why Governor Pence is in such a hurry. His attempt to end discussion this way won't succeed, and he will bear main responsibility for the negative financial impacts on Indiana likely to unfold over the next couple of years. That's what happened to Colorado a bit more than a decade ago, when those seeking freedom to discriminate against gay and transgender people won a majority vote and cost the state dearly. With so many cities and states competing for conventions and major sports events, why would planners pick Indiana, a place where elected officials have chosen to treat businesses like churches, and to reject every amendment to protect the most basic of civil rights?"
Rights advocates were not the only opponents to the bill. A number of businesses have said they would move events out of the state should SB 101 become law. Among those was Seattle, Washington-based Gen Con, which organizes a large-scale gaming convention in Indianapolis each year. Its owner, Adrian Swartout, said in a letter to Pence, "Legislation that could allow for refusal of service or discrimination against our attendees will have a direct negative impact on the state's economy, and will factor into our decision-making on hosting the convention in the state of Indiana in future years."
Swartout pointed out that people of all sexual orientations and gender identifications take part in Gen Con, and that the event results in about $50 million being spent in Indianapolis annually. That city's mayor, Gregory Ballard, a Republican, also opposed SB 101. The Christian Church ( Disciples of Christ ) threatened to relocate its 2017 conference from Indiana as well.
Indiana-based employers Cummins, Salesforce and Eskenazi Health also opposed the measure, according to Thinkprogress.com .
The National College Athletic Association ( NCAA ), which is preparing its Final Four tournament on April 4 and 6, released a statement March 26 voicing its apprehension about SB 101.
"The NCAA national office and our members are deeply committed to providing an inclusive environment for all our events," said NCAA President Mark Emmert. "We are especially concerned about how this legislation could affect our student-athletes and employees. We will work diligently to assure student-athletes competing in, and visitors attending, next week's Men's Final Four in Indianapolis are not impacted negatively by this bill. Moving forward, we intend to closely examine the implications of this bill and how it might affect future events as well as our workforce."
