INDIANAPOLIS — Less than two years ago, Indiana lawmakers nearly asked Hoosier voters to ratify an amendment adding the state's ban on gay marriage to its Constitution.

In a remarkable about-face, a Republican-controlled Senate committee last week not only acknowledged gay marriage is in Indiana to stay, but also noted the state must ensure Hoosiers not face discrimination in housing, employment or access to public accommodations due to his or her sexual orientation.

"Senate Bill 344 is a major step forward," said Senate President David Long, R-Fort Wayne.

"It provides strong religious freedom protections, it does propose to provide civil rights protections for the LGB (lesbian, gay, bisexual) community and considering where we were a couple years ago, that's a big step for Indiana."

Half the 50-member Senate, including Long, have witnessed and participated in the turnabout on gay rights during the span of a single four-year term.

Long said he's not sure Senate Republicans necessarily have "evolved" on the issue, but "obviously they're hearing from their constituents, and that's important."

"I think everyone is more aware of the whole discussion on civil rights and religious freedom," Long said. "Whether or not they've changed their position, I think they are more educated on it."

Recent public opinion polls have found more than 6 in 10 Hoosiers strongly or somewhat strongly support making it illegal to discriminate against LGBT citizens. In addition, 54 percent believe it is more important to prevent LGBT discrimination than to accommodate business owners claiming a religious objection to serving them.

The legislation set to be debated this week by the Senate does not entirely match Hoosier preferences.

Missing the T

It excludes civil rights protections for transgender individuals and exempts from the anti-discrimination provisions nearly any organization with a connection to religion, including most wedding-service providers.

Long said he is not insensitive to transgender Hoosiers and noted the proposal requires a legislative study committee review over the summer questions relating to gender identity discrimination in Indiana.

"When you provide a protected class status it brings a lot of issues with it and changes, and what we're seeing right now nationally with bathroom issues ... it changes the discussion a little bit," Long said. "We need more time to figure that out."

Freedom Indiana, Indiana Competes and other business and community groups pushing for full LGBT protections say omitting the "T" is unacceptable.

"Senate Bill 344 is still woefully inadequate, because it leaves out the transgender community and provides numerous allowances for additional discrimination. That is not the answer," said Peter Hanscom, Indiana Competes director.

Religious organizations feeling slighted

 
 

At the same time, many religious and family organizations disapprove of the measure because it guarantees civil rights protections based on sexual orientation and does not go far enough to protect the sincerely held religious beliefs of business owners.

"If the government can punish a Christian business owner who believes marriage is only to be between one man and one woman, then the next step would be to attack and punish a pastor and a church," said Eric Miller, founder of Advance America.

Long believes lawmakers have struck the right balance between civil rights and religious freedom, regardless of what advocacy groups at the extreme sides of the issue say.

"That is not how this process works. So in between, is a solution somewhere; we're trying to find that place," Long said. "We're breaking new ground in Indiana with this proposal."

State Sen. Karen Tallian, D-Ogden Dunes, is among those who support full civil rights protections for LGBT Hoosiers. She plans to work during the six weeks remaining in the legislative session to make that a reality.

She also acknowledges GOP lawmakers have come a long way in a short time on gay rights issues — and that is something to celebrate.

"Even if this bill passes the way it is, which we don't like, we got rid of the Religious Freedom Restoration Act, and we got 80 percent of what we want," Tallian said.

"It's not where we want to be, but it's a huge victory."

The Senate is expected to vote Tuesday or Wednesday on whether to advance Senate Bill 344 to the Republican-controlled House.

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