Pence Signs Controversial Religious Freedom Bill In Private Event

INDIANAPOLIS – Gov. Mike Pence signed a controversial bill into law Thursday that supporters say protects residents’ rights to adhere to their religious principles but critics claim legalizes discrimination, particularly against gay Hoosiers.

Pence’s decision to say yes to the Religious Freedom Restoration Act comes despite threats from some business leaders and convention organizers that they could take their business elsewhere if the divisive measure became law. And it comes among a cry from critics that the law is embarrassing for Indiana.

The governor signed Senate Bill 101 behind closed doors but with supporters at his side and later issued a statement saying that it is not about discrimination.

“If I thought it legalized discrimination in any way in Indiana, I would have vetoed it,” Pence said.

Instead, he said the bill is about supporting “the freedom of religion for every Hoosier of every faith.”

The bill – which passed with support of majority Republicans and opposition from most Democrats – sets standards for courts as they consider cases in which individuals or businesses decline service to customers because they say the action violates their religious beliefs. It is meant to limit government action that would substantially burden the free exercise of religion.

Congress passed a similar law more than two decades ago and 19 other states also have religious freedom acts. In at least 11 more states, courts have set the same precedent.

Indiana Right to Life President Mike Fichter said Thursday that it was time Indiana joined them.

“Indiana legislators are wise to ensure religious beliefs will get due consideration in court, should Hoosiers be forced to act against their faith,” he said. The measure “is an important bill to protect the religious freedom of Hoosiers who believe the right to life comes from God, not government.”

Pence also points to a recent U.S. Supreme Court decision that held – based in part on the federal religious freedom law – that Hobby Lobby can’t be forced to provide some birth control coverage to its employees because it violates the owners’ religious beliefs.

Pence said that ruling only applies to federal law, not to state actions. And the governor said “many people of faith feel their religious liberty is under attack by government action.”

But critics blasted the governor’s decision. Many said the Indiana law – which was largely opposed by the business community – will hurt the state’s economy. They used words like shameful, sad and embarrassing to describe the governor’s action.

“Today marks a giant step backward for Indiana,” said House Minority Leader Scott Pelath, D-Michigan City. “We are allowing people to discriminate against others under the phony cover of religious belief.

Jane Henegar, executive director of the American Civil Liberties Union of Indiana, said the timing of the bill is important and explains its intent. It comes the year after conservatives lost their fight to put a ban on same-sex marriage into the Indiana Constitution and federal courts overturned the state’s statutory ban on gay unions.

“We are deeply disappointed that the governor and state lawmakers have been tone-deaf to the cries of legions of Hoosiers – including businesses, convention leaders, faith communities and more than 10,000 people who signed petitions against the bill – who say they don’t want this harmful legislation to impair the reputation of our state and harm our ability to attract the best and brightest to Indiana,” she said in a statement.

Henegar acknowledged the bill is constitutional “on its face.” But she said the key will be how the law is implemented, particularly in relation to people who are lesbians, gay, bisexual and transgender.

“The ACLU will remain vigilant to the effects of SB 101 and we will continue to push lawmakers and the courts until all members of the LGBT community receive the Constitution’s full protection from discrimination and unequal treatment,” she said.

Pence said in a statement that he’s confident in the “hospitality, generosity, tolerance, and values” of Hoosiers.

But he said “faith and religion are important values to millions of Hoosiers and with the passage of this legislation, we ensure that Indiana will continue to be a place where we respect freedom of religion and make certain that government action will always be subject to the highest level of scrutiny that respects the religious beliefs of every Hoosier of every faith.”

Earlier report from the Associated Press

INDIANAPOLIS (AP) — Gov. Mike Pence has signed into law a bill restricting state government from infringing on a person's religious beliefs despite criticism that it could allow discrimination against gay people.

Pence's action on Thursday made Indiana the first state to enact such a change this year among about a dozen where such proposals have been introduced.

The measure, known as the Religious Freedom Restoration Act or RFRA, would prohibit state and local laws that "substantially burden" the ability of people, businesses and associations to follow their religious beliefs. Some national gay-rights groups consider the Indiana bill among the most sweeping of this year's state proposals.

Organizers of Gen Con, a 50,000-person gamers' convention, and the Christian Church (Disciples of Christ) have notified Pence that they're considering moving events from Indianapolis over the issue.

Read Gov. Pence's statement