It is far from an endearing trait of this state’s personality and character to continue denying fundamental human rights to people based on sexual orientation or gender identity. Yet this injustice goes on. And there is no sign that this state’s leaders are willing to do what needs to be done to correct it.
Hoosiers had reasons to be optimistic that this issue would be dealt with appropriately after the state became mired in national embarrassment after the fiasco of the 2014 Religious Freedom Restoration Act, also known as RFRA. That law, when passed by the super-majority Republican legislature and signed by Gov. Mike Pence, triggered widespread condemnation because it appeared to allow businesses to deny goods and services based on sexual orientation or gender identity.
From the outset, RFRA was an unnecessary and ill-conceived law designed to placate the religious wing of the Indiana GOP after its efforts to ban samesex marriage by placing the prohibition in the state constitution were abandoned because of federal court rulings giving gays and lesbians the right to marry.
But RFRA backfired. Despite attempts to “fix” it, Indiana continues to pay for it through lost economic investment and a tarnished public image.
The state could have resolved its difficulties by simply repealing the law and expanding the state’s civil rights protections to include sexual orientation and gender identity. Republicans who have a lock on the legislature indicated they were willing to consider such an important step during its last session, but failed to take action. This week, it convened a study committee to gather public input on the issue.
Advocates for expanded civil rights protections want to make it illegal to deny housing, jobs or service because of sexual orientation or gender ID. Opponents object, saying that would curtail their religious rights by forcing them to condone samesex marriage.
If legislators are looking for common ground on this issue, we doubt they’ll find it. Nor is it necessary. No one should have a right to discriminate against others on religious or any other grounds.
Unfortunately, this week’s meeting descended into a debate over use of public restrooms by transgender people, a diversionary issue that seeks to derail the overall purpose of the civil rights matter. And it appears to be working.
Bathroom facilities and how they’re used or by whom is not the issue. Fundamental human rights are the issue.
Hoosiers are solidly behind the idea of expanding civil rights protections and it’s time for legislators to listen. It’s an election year, a perfect time to raise the heat on those wanting to serve in the General Assembly.