Indiana is suffering through perhaps its most serious political crisis in a generation. Business has been lost. Boycotts against the state have been hatched. Reputations have been tarnished. The state has been relentlessly mocked and ridiculed.
Why? Because a super majority of out-of-touch and insensitive legislators, with support of an ideologically driven governor, failed to understand the warning signs that came with their push to adopt the so-called Religious Freedom Restoration Act. Billed as a measure to prohibit state laws that “substantially burden” a person, religious institution, business or association from following their religious beliefs, it set off a firestorm of criticism because of the widely held perception that it opened the door for denial of services to people based on sexual orientation or gender identity.
The reaction from near and far has been ugly, the ramifications severe. The perception, fair or not, that our government endorses discrimination has triggered hostility from both inside and outside the state.
It took a few days, but those same government leaders who promoted the legislation finally came to grips with the need to address the problems it was creating and make an effort to resolve them. After discussions, negotiations and heated debate, a “clarifying” amendment was adopted by the legislature and signed by the governor on Thursday.
It specifically prohibits service providers from using the law as a legal defense for refusing to provide services, goods, facilities or accommodations. It also bars discrimination based on race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity or U.S. military service.
This legislative “fix” to the RFRA is not perfect. But it is progress.
It does not address the fact that Indiana’s civil rights law does not include sexual orientation and gender identity, but it does interject limited protections. That is a significant and positive step. The fact that RFRA’s proponents are so staunchly against this “fix” should instill confidence that Indiana is now on the right track. While legislative leaders won’t promise anything, there are indications that changes to the civil rights law could be considered next year.
Think about that. Before this session began, there were no efforts by anyone to write protections into state law for sexual orientation or gender identity. But because of the incredible and wide-ranging public backlash against RFRA, Republican legislators, many of whom steadfastly oppose any special designation under civil rights law for gays, lesbians or transgender people, have now placed protections for these individuals into law, at least in a limited way.
No, it does not give them the broad protections they deserve in the civil rights law. But even Senate President Pro Tem David Long conceded it was likely the issue will be brought up for hearings in the next session of the General Assembly.
Many GOP legislators believe there was nothing wrong with the bill as passed and signed or that a change was necessary only because of the “misperceptions” that triggered damaging economic consequences for the state. Still, they hammered out a “fix,” and did so beyond what most Hoosiers expected. Although they remain defensive about RFRA and won’t admit to any mistake, their actions speak louder than their words.
There are indications that this “fix” will lessen the harm being done to the state and allow recovery to begin. We hope so. The Indiana Chamber of Commerce, a vocal opponent from the start, has signed on. Major business and organizational interests such as Eli Lilly and Hulman & Co., parent to the Indianapolis Motor Speedway, have expressed qualified support for the “fix.” So has the NCAA.
Support is not universal, of course. And even those giving a nod of acceptance, groups such as the Indiana chapter of the American Civil Liberties Union, have done so in a measured way. They see this as a good start, but claim more needs to be done in the future to truly repair the damage and get Indiana on the right track.
Just because we approve of the new direction being taken does not mean we’re satisfied with where Indiana is now on civil rights. More changes are needed. We hope this episode promotes more dialogue toward that end.