INDIANAPOLIS — The question of extending civil rights protections to lesbian, gay, bisexual and transgender Hoosiers already is proving to be the most controversial and complicated issue of the 2016 legislative session.
Members of the Republican-controlled General Assembly have filed several proposals providing LGBT individuals various degrees of protection from discrimination, with numerous exemptions for religious organizations and providers of wedding services.
Other measures set to be considered by lawmakers would get state government involved in regulating public bathroom use, out of fear that men or women might pretend to be transgender to gain access to opposite-sex facilities.
Tuesday is the deadline for senators and representatives to file legislation this year.
Here's a look at the proposals, in numerical order, currently eligible for Senate and House committee action:
Senate Bill 2 — Known as four-words-and-a-comma, this proposal adds "sexual orientation, gender identity" to the seven classes (race, religion, color, sex, national origin, disability and age) protected under Indiana's existing anti-discrimination laws. It provides no exceptions for religious liberty claims. The measure also would add "veteran status" as a 10th protected class. Senate Democratic Leader Tim Lanane, D-Anderson, is sponsor.
Senate Bill 35 — Makes it a Class A misdemeanor, punishable by up to one year in jail and a $5,000 fine, for a person to enter a single-sex bathroom, shower room or locker room in a public school that does not match the person's gender identity at birth. The measure provides exceptions for custodians, medical emergencies and adults accompanying a child younger than 8 years old. State Sen. Jim Tomes, R-Wadesville, is lead sponsor.
Senate Bill 66 — Colloquially dubbed "Super RFRA," this measure repeals the 2015 Religious Freedom Restoration Act and the "fix" that barred discrimination against LGBT Hoosiers under the guise of religious liberty. It declares the protections for freedom of religion, speech, assembly and the right to bear arms, as provided by the Indiana Constitution, are fundamental rights and only can be infringed by the state through the least restrictive means of furthering a compelling government interest. Unlike RFRA, it does not spell out exceptions or defenses, leaving courts to determine whether any law runs afoul of the strict scrutiny required by this proposal. State Sen. Mike Young, R-Indianapolis, is lead sponsor.
Senate Bill 100 — Bars discrimination based on sexual orientation and gender identity, but exempts religious or religious-affiliated organizations and many wedding-related businesses from the requirement. It also repeals local LGBT anti-discrimination ordinances and declares any person making a frivolous discrimination claim is subject to a $1,000 fine. In addition, the measure permits the state to award contracts to businesses that require workers live by a religious-inspired code of conduct. State Sen. Travis Holdman, R-Markle, is sponsor.
Senate Bill 170 — A second four-words-and-a-comma proposal that adds "sexual orientation, gender identity" to the state's civil rights laws. State Sen. Ron Alting, R-Lafayette, is sponsor.
Senate Bill 344 — Prohibits discrimination based on sexual orientation, but not gender identity. Similar to Senate Bill 100, it exempts religious or religious-affiliated organizations and many wedding-related businesses from the requirement. Local governments with ordinances protecting transgender Hoosiers could keep them, but no other communities could enact one. A study committee would be charged with reviewing issues relating to gender identity discrimination and reporting back for possible legislative action in 2017. State Sen. Travis Holdman, R-Markle, is sponsor.
House Bill 1041 — Eliminates solemnization requirements and state licensing of all marriages. The proposal permits any two adults to marry simply by signing a written marriage contract with each other. State Rep. Jim Lucas, R-Seymour, is sponsor.
House Bill 1079 — Makes it a Class B misdemeanor, punishable by six months in jail and a $1,000 fine, for a person to enter a single-sex bathroom, shower room or locker room in any public place that does not match the person's gender identity at birth. The measure provides exceptions for custodians, maintenance, medical emergencies, during a natural disaster and for children or disabled individuals accompanying another person into his or her birth gender-designated facility. State Rep. Tim Harmon, R-Bremen, is sponsor.