INDIANAPOLIS - Republican legislative leaders on Thursday unveiled a proposed fix for the state’s controversial “religious freedom” law, adding safeguards that the law can’t be used to discriminate on the basis of sexual orientation and gender identity.
The language bars the state’s Religious Freedom Restoration Act from being used as a defense to refuse services to any member of the public, including on the basis of sexual orientation and gender identity. But it doesn’t go as far to add sexual orientation and gender identity to the state’s Civil Rights Laws as protected classes – though GOP leaders hinted at a Thursday morning press conference that the General Assembly could weigh those protections as early as next year.
The fix comes amid a national uproar over the law on the fears it could be used to discriminate against gays and lesbians. Gov. Mike Pence and legislative leaders pledged to fix the law, and the House and Senate are expected to vote on the language later Thursday.
“It was misinterpreted,” House Speaker Brian Bosma (R-Indianapolis) said of the law, “but all we can say is we are sorry that misinterpretation hurt so many people.”
Specifically, the language states that the law can’t be used as a mechanism to refuse services, facilities, use of public accommodations, goods, employment or housing to any member of the public. The law also can’t be used as a legal defense to discriminate.
The fix unveiled on Thursday solely impacts the “religious freedom” law. Indiana still doesn’t have a statewide non-discrimination law on the basis of sexual orientation and gender identity. However, local protections exist for those groups in a handful of cities, including Evansville, though the city’s ordinance is not as enforceable because it’s voluntary.
Senate President Pro Tem David Long (R-Fort Wayne) said lawmakers likely will weigh adding sexual orientation and gender identity to the state’s Civil Rights Laws next year.
When asked why those protections couldn’t be added this year, Bosma said talks have begun but legislators can’t be expected to weigh a “major policy change on a dime.”
The language also says the law can’t be used to discriminate on the basis of race, color, religion, ancestry, age, national origin, disability, sex and U.S. military service.
The announcement of a deal follows intense negotiations to fix the state’s Religious Freedom Restoration Act. Lawmakers were joined by key business leaders, including from Pacers Sports and Entertainment and Eli Lilly. A representative from Salesforce Marketing Cloud – which has sharply criticized the bill – also joined leaders for the announcement of the clarifying language.
On Wednesday, GOP leaders met with Pence on language to fix the bill. House Republicans and Senate Republicans both held private meetings of their caucuses and Bosma and Long met with Mark Miles, CEO of Hulman and Co., that owns the Indianapolis Motor Speedway.
Earlier in the week, Pence had directed lawmakers to clarify that the law does not give businesses the right to deny services to anyone.
News of a deal on finalized language to clarify the law came late Wednesday.
Following Thursday morning’s announcement, lawmakers are holding a public meeting over the language, where Democrats are remaining firm on their calls to repeal the law. After the meeting, the language will then go to the House and Senate floors for consideration.