INDIANAPOLIS | Republican legislative leaders on Monday sought to dam the tide of national condemnation following enactment of Indiana's "religious freedom" law by promising unspecified clarifications to assure Hoosiers it does not permit discrimination.
However, Democrats insisted nothing less than a full repeal of Senate Enrolled Act 101 is acceptable.
Just 24 hours after Republican Gov. Mike Pence refused six times on national television to say he opposes discrimination specifically against homosexuals, House Speaker Brian Bosma, R-Indianapolis, and Senate President David Long, R-Fort Wayne, repeatedly declared the new law has nothing to do with discrimination.
"I'm surprised at the statement of 'fact' that's made that this allows the denial of service to any segment of the Hoosier community. It does not and those who say that are wrong," Bosma said, blaming both supporters and opponents of the law for misstatements.
The Republicans claimed the law only clarifies the standard courts must use in judging the impact of government action on religious liberty.
A fix, they said, was needed because Indiana has little case law involving religious freedom issues, which have become pertinent after the U.S. Supreme Court last year authorized Hobby Lobby, on religious grounds, to limit access to birth control for its employees.
But because of the backlash to the law -- including the threatened cancellation of business and conventions in Indiana and the potential for a huge black eye this weekend as Indianapolis hosts the NCAA Final Four men's basketball tournament -- Long and Bosma said they are working with Statehouse Republicans on legislative language "to remove the misconception that (the law) allows the denial of services."
Exactly what form that might take or when it will be enacted they did not say. It likely would have to be amended into other legislation moving through the House or Senate, since the deadline to file new proposals was Jan. 13.
The soonest something could be passed probably is Tuesday, though it may take longer for Republican leaders to win over their supermajority of members, of whom all but five voted for the law. All Northwest Indiana Republican representatives and senators voted in favor of the law.
Bosma and Long also seemed to join Pence in ruling out adding sexual orientation as a protected class under Indiana's anti-discrimination law, saying that is "a big policy step" that can't be resolved in the final four weeks of the legislative session.
"Is that something that Indiana can look at and study and see the effects of that in other states? Yes," Long said. "But you don't rush that monumental of a decision ... which has nothing to do with (the law) except that people say it does."
House Democratic Leader Scott Pelath, D-Michigan City, and Senate Democratic Leader Tim Lanane, D-Anderson, said the Republicans' pledge to do something, without saying what, is typical of how they have "utterly failed in their handling of this situation."
"The governor and the Republican leaders won't say it, but we will -- discrimination is wrong and it should be illegal," Lanane said. "There is only one choice and that is repeal this law."
Pelath pointed out Democrats repeatedly suggested changes while the measure was under debate in the House and Senate that would have clarified it could not be used to discriminate. Those proposed amendments all were voted down, nearly on party lines.
"We said, 'Look, if it's not about discrimination prove it, make it clear,' " Pelath said. "Had they done that and had we not just been slapped aside just out of partisan instincts, we wouldn't have had this outrage."
Pelath and Lanane suggested Republicans seem to be in denial about the global damage that's been done to Indiana's reputation due to the law, and said a few tweaks won't be enough to assure people that Indiana is not a state that hates.
"When you have a bill which is this tainted, which is this corrupted, there's no fix to it -- you just get rid of it," Lanane said.