Indiana GOP legislature hopes to 'clarify' Religious Freedom Recovery Act

Meanwhile, state Democrats are calling for a repeal of the state’s new Religious Freedom Restoration Act.

Republicans, who have supermajority holds in both chambers, said they were working on language to clarify the law, which was signed by Gov. Mike Pence last week. House Speaker Brian Bosma said legislative leaders will work to specifically clarify what he characterized as a misconception that the law could allow a denial of services to any Hoosier.

Speaking outside of a Republican caucus, Bosma said he wasn’t prepared to share the exact language, but said clarifying that the state’s new law can’t be used to deny services, facilities or goods to any member of the public is “probably a good place to start.”

“What was clear is that no one intended (the law) to provide for a denial of services or facilities to any Hoosier,” Bosma said. “It has been interpreted that way by clearly the opponents and also some of the proponents of the legislation, and I’ve been authorized to move forward on attempting to find a clarification.”

Movement to clarify the law comes after Indiana has faced intense scrutiny over its passage. Organizations, including the NCAA, said the law could cause them to rethink staging events in Indiana in the future. Mayors from Seattle and San Francisco canceled publicly funded travel to the state, and university and business officials expressed concern about the harm they believe the law has caused to the state’s reputation.

Bosma, an Indianapolis Republican, said leaders are looking at all options to clarify the bill. But he said discussing whether to add sexual orientation to anti-discrimination laws in Indiana is a “big policy discussion to toss in the middle of four weeks before the end of session.”

Indiana has no statewide non-discrimination law on the basis of gender identity and sexual orientation, like some states that have a similar “religious freedom” law, including Illinois and Connecticut.

Senate President Pro Tem David Long, a Fort Wayne Republican, said it was impossible for lawmakers to anticipate the controversy the law has caused because the same reaction wasn’t seen when Congress or other states adopted their versions. Last week, Indiana became the 20th state to adopt a religious objections law, although other states have similar protections through court decisions.

“This does not discriminate against anyone,” Long said. “Just because people say that doesn’t make it so. If you dig into the facts and the history of this law, you will recognize that’s not happening and it won’t happen in Indiana.”

Long said Republicans hope to present a fix “very soon.”

Democrats remained firm on their belief the law should be repealed.

Senate Democratic Leader Tim Lanane, of Anderson, said Republican leadership has “utterly failed in their handling of this situation.”

“Businesses are heading for the exits. Hoosiers are fearful their neighbors are going to be subject to state-sanctioned discrimination. And to quell those concerns, we must send a strong signal; and that signal is in Indiana we do not condone discrimination, we do not tolerate discrimination and we will not legislate discrimination,” said Lanane.

The law is a state-level version of the federal Religious Freedom Restoration Act, passed by Congress and signed into law by President Bill Clinton in 1993. Supporters say the law will better protect Hoosiers in state court if government intrudes on their ability to exercise their religion by adopting a judicial standard like the federal law. But opponents argue it could lead to Hoosiers denying services to others, especially gays and lesbians.

The law asserts a person’s right to practice their religion without a substantial burden by government. It also requires government to demonstrate a compelling interest to restrict religious expression.

State Rep. Thomas Washburne, an Evansville Republican, said he thought the law was clear because precedence shows it won’t be used to defeat anti-discrimination protections.

“I thought the law was fine the way it is, but I’m willing to look at whatever the proposals are,” Washburne said.

State Rep. Holli Sullivan, an Evansville Republican, said when she was home over the weekend, she heard confusion about the contents of the law. Sullivan said she’s not against clarifying the law to help people understand it.

“I think more than anything all the facts need to come out in a way that others will digest, so that the misconception can go away,” Sullivan said.

The influential Indiana Chamber of Commerce, which testified against the proposal during the legislative process, also called on the General Assembly to take “swift, meaningful” action on the law.

“Since late last week, we have urged state leaders that additional action is required. We communicated that a legislative fix must be significant and make it crystal clear that the law does not in any way open the door for discrimination of any kind toward any individual or group of individuals,” Kevin Brinegar, the president and CEO of the chamber, said in a released statement.

On Sunday, Pence defended the law on ABC’s This Week, but offered no direct answer on whether he believes the state’s new law would allow Hoosiers, citing their religious beliefs, to refuse service to individuals.

The show’s host, George Stephanopoulos, used an example cited by one of the law’s main supporters, Eric Miller of Advance America, in asking Pence if the law could be used by a Christian baker, florist or photographer in choosing not to serve a same-sex wedding.

“This is where this debate has gone with misinformation and frankly, well, there’s been shameless rhetoric about my state and about this law and about its intention all over the internet. People are trying to make it about one particular issue …,” Pence said.

Bosma said Pence did not answer some questions clearly on the show. Long noted the governor said he didn’t believe the law could be used to discriminate when he signed it last week.

“It would have been helpful if he said that yesterday to clarify where he stands, but the fact he didn’t, for whatever reason, we are setting the record straight here today,” Long said.

The bill easily passed the Senate by a 40-10 vote, and the House cleared the bill in a 63-31 vote with five Republicans joining Democrats to vote against the proposal. All Republican members of the Southwestern Indiana delegation voted in support of the bill, while the delegation’s sole Democrat voted against it.

House Republicans rejected Democratic-led attempts to change the “religious freedom” proposal before it was up for a final vote in the chamber. One of the failed amendments had aimed to add protections to the bill for civil rights and the prevention of discrimination.