INDIANAPOLIS | Legislation permitting state and local government contracts be awarded to companies and institutions that discriminate in hiring based on religion was approved 7-0 Monday by an Indiana Senate committee.
Senate Bill 127, which advances to the full chamber, authorizes government contractors claiming a religious affiliation to hire only workers who share their beliefs, and permits those entities take steps to confirm "all employees and applicants conform to the religious tenets of the organization."
The sponsor of the proposal, state Sen. Travis Holdman, R-Markle, said he is seeking the change to restore the ability of Indiana Wesleyan University, a Christian college with a Merrillville location that hires employees on the basis of religion — as permitted by federal law — to continue receiving state workforce training grants.
The Indiana attorney general's office recently determined the school's religious lifestyle mandate, which prohibits employees from engaging in homosexuality, premarital sex or smoking, and discourages dancing, violates state contracting requirements that forbid employment discrimination based on race, religion, color, sex, national origin, disability or ancestry.
Holdman said he is concerned that without language authorizing state contractors to hire only employees who share their religious beliefs, Indiana will lose the services of innumerable religion-affiliated entities such as hospitals, schools, adoption agencies, foster care and other human services providers.
"What we're trying to do is prevent a slippery slope that says we're now going to prohibit these religious organizations from practicing their faith and providing services to the state of Indiana," Holdman said.
Glenn Tebbe, executive director of the Indiana Catholic Conference, told the panel, which includes state Sen. Jim Arnold, D-LaPorte, that while Catholic agencies hire employees based on overall qualifications, that certainly includes their religious beliefs.
"The ability of a religious institution to ask those who work for us to act in harmony with the mission of the church is a critical need to preserve the integrity of the institution and fidelity to our mission," Tebbe said.
Similar legislation was scuttled last year by House Speaker Brian Bosma, R-Indianapolis, when state Rep. Eric Turner, R-Cicero -- who recently resigned following an ethics scandal -- sought to authorize religious discrimination in hiring after his proposal to add the state's ban on gay marriage to the Indiana Constitution failed to pass the General Assembly for submission to voters.
The issue was complicated in June when the U.S. Supreme Court ruled closely-held for-profit corporations can claim a religious affiliation and win exemptions from federal laws that allegedly impinge on their beliefs.
In the next few weeks, the Republican-controlled General Assembly is set to consider several "religious freedom" proposals that likewise would authorize exemptions from state laws, including nondiscrimination requirements, if backed by a claimed religious belief.