Update: Indiana Gov. Pence Signed Religious Exemption Bill... Business and Religious Groups Urge Indiana Governor to Veto Discriminatory Religious Exemption Bill

March 25, 2015

Update: On Thursday, March 26th Indiana Governor Pence signed into law the dangerously discriminatory religious exemption bill, SB 101. 

Salesforce has already announced they will reduce investment in the state. 

We are forced to dramatically reduce our investment in IN based on our employee's & customer's outrage over the Religious Freedom Bill.

— Marc Benioff (@Benioff) March 26, 2015

A broad and growing chorus of voices including human rights groups, over 30 law scholars, NBA star Jason Collins, Indiana Chamber of Commerce, SalesForce, and Gen Con - Indianapolis’s largest attended conference, is urging Indiana Governor Mike Pence to veto the discriminatory religious exemption bill, SB 101. The Christian Church (Disciples of Christ) also announced that its leaders are reconsidering having their convention in Indianapolis if SB101 becomes law. Today, the Republican Mayor of Indianapolis Greg Ballard said the bill sends a "wrong signal.”

While supporters have framed the bill as necessary to ensure religious freedom, it is well established that religious freedom is fully protected by the US Constitution. The bill could open a pandora’s box of unintended consequences, allowing anyone and any business to claim religious reasons to exempt themselves from adhering to non-discrimination laws. Claiming religious reasons, this law could allow for a counselor to deny care for a student who is Muslim, a pharmacist to deny medicine to a patient, an abuser to claim certain domestic violence laws don’t apply, or a police officer to deny protection to a synagogue.

“Religious freedom is an existing constitutional protection we all cherish.” said Rebecca Isaacs, Executive Director of Equality Federation, “SB 101 is unnecessary and puts businesses and livelihoods at risk. Governor Pence should veto this bill so that all Hoosiers and those who visit the great state of Indiana can be treated fairly and equally under the law.”

Similarly discriminatory religious exemption bills are currently under consideration in Georgia and North Carolina, where a bill was introduced today. Alongside business leaders, Georgia’s bill has garnered opposition from renowned conservative Rabbi Joshua Heller of Congregation B’nai Torah and Mike Bowers, Georgia’s former Republican Attorney General who was once a gay-rights foe.

This legislation could  increase litigation. In states that have already passed similar bills, individuals have claimed that laws protecting against child abuse, medical access, discrimination against LGBT people, domestic violence and public safety didn’t apply to them because they were in violation of their religious beliefs. For instance, in Utah, two members of a fundamentalist offshoot of the Mormon faith testified in a Salt Lake City courtroom that their church doctrine barred them from speaking about suspected child labor violations on their pecan farm. In Michigan, a pediatrician refused to treat a lesbian couple’s six-month old baby.

While some conservatives have been launching similar bills in other states, there is not unanimity among conservatives or Republicans. In fact, public support of discrimination protections for gay and transgender people, including support from conservatives, continues to grow. In a recent poll, 69% of likely voters across party lines said they would support a federal nondiscrimination law. Eighteen anti-gay bills died in Oklahoma this year. And, in West Virginia, where three anti-gay bills died in committee, Republican Senate Majority Leader said there was “no way” his chamber would consider bills that would nullify local nondiscrimination ordinances.

For more information about Indiana’s RFRA visit freedomindiana.org.  For more information about Georgia’s RFRA visit georgiaunites.org. For more information about North Carolina’s RFRA visit http://equalitync.org.

Equality Federation is the movement builder and strategic partner to state-based organizations advocating for lesbian, gay, bisexual, and transgender (LGBT) people. We're winning equality in the communities we call home. http://equalityfederation.org

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