We’ve called Senate Bill 101 the “right to discriminate” bill in this space before.
We again voice our concern about the bill, which appears highly likely to become Indiana law. Stated simply, this so-called “Freedom of Religion” bill would allow businesses to deny service to others — with gays and lesbians particularly in mind — based on religious belief.
The bill made it through the Senate with the expected strong majority of Republicans, playing to their core. Next, after expected passage by the House, it heads to the governor’s desk.
Gov. Mike Pence, who has already said in no uncertain terms that he supports the bill, almost certainly will sign it.
That won’t make it a good law.
What can possibly be wrong with a wedding photographer who’s revolted by the whole idea of same sex marriage and whose religious beliefs don’t permit him to support it in any way being able to decline to take pictures at the wedding of a gay couple, supporters of the bill ask.
Or a baker not wanting to bake the cake a gay couple orders for their wedding reception?
What about florists? Should they, if they feel so strongly that gay marriage is a violation of their religious beliefs, be forced to participate in the work of the devil? What harm in simply allowing them to say no?
Well, probably there would be no immediate visible harm — unless, of course, a physician declines treatment for a gay man or woman, or an ambulance driver decides he can turn down an accident victim needing a lift to the emergency room. But we won’t get into that realm of extended possibilities just yet.
Really, how many gay or lesbian couples would even countenance giving their business to someone they consider a bigot, after all. We think only those who want to make a test case in order to pursue the matter in the courts.
The really troubling aspect of this law is that it’s a law conceived to seek revenge for losses by Indiana’s religious right — to punish the gay community — after the right’s failure to add a ban on same sex marriage to the state Constitution, followed by the even larger loss as federal courts across the land, including in Indiana, overturned statutory bans on such unions.
Even worse, though, is the pandering by the Republican majority in the Statehouse to the religious right.
This is a nothing more than a sop to a group that has seen “those others” ride roughshod over their beliefs and which in their view need punishment. The Republican Party doesn’t want to be seen to fail the cause, even if it’s a losing battle.
Pence, a strong champion for the religious right, is smart enough to know this particular battle has been lost. But signing the “religious freedom” bill can only help him in his quest to be considered a good choice to join or even lead the next Republican presidential ticket.
This is a time to seek agreement or compromise, not aggravation. A law such as this will only deepen wounds.