America

Indiana Governor Defends ‘Religious Freedom’ Law

... Excerpt

Gov. Pence says bill has been mischaracterized

 

By Joshua Zumbrun and Erica E. Phillips
March 29, 2015 

 

Indiana Gov. Mike Pence on Sunday defended a controversial religious-objections bill he signed into law last week, saying he was “proud” of the legislation, and repeatedly declined to say whether it would allow discrimination against gay people.

 

The law sets a legal framework for those who claim a government rule or requirement is hampering their religion freedom. It has prompted concern among business and association leaders, including Indianapolis-based drug maker Eli Lilly & Co., NCAA president Mark Emmert and Apple Inc. Chief Executive Tim Cook, that the law may allow discrimination against gays.

 

 

Jon Mills, a spokesman for Cummins Inc., an Indiana-based manufacturer of diesel engines and related technology, said on Sunday that the company—which actively had opposed the bill and testified against it during the legislative process—is in talks with other businesses and organizations in Indiana “to evaluate our next steps to reverse some of this damage and mitigate some of it.”

 

It is going to take “a collective effort,” Mr. Mills said. “This bill is bad for our state and our businesses.”

 

Mr. Pence, a Republican, was asked Sunday on ABC whether the law would allow business owners to discriminate against gays by citing their religious beliefs. Mr. Pence didn’t answer directly, saying the bill he signed has been mischaracterized and that it is the same as the 1993 Religious Freedom Restoration Act signed by then-President Bill Clinton.

 

That law is similar to the Indiana legislation, but a court decision in the late 1990s narrowed its scope to apply only to federal laws. The 1993 statute provided the legal foundation for last year’s Supreme Court’s decision allowing private companies to opt out of the federal health law’s contraception coverage requirements.

 

Nineteen other states have such laws on their books, according to the National Conference of State Legislatures. The measures have never been used to undermine antidiscrimination laws, Mr. Pence said.

 

Asked by ABC’s “This Week” host George Stephanopoulos if a “florist in Indiana refuses to serve a gay couple at their wedding, is that legal now in Indiana,” Mr. Pence responded: “There’s been shameless rhetoric about my state and about this law and about its intention all over the Internet. People are trying to make it about one particular issue. And now you’re doing that, as well.”

 

“Hoosiers don’t believe in discrimination,” Mr. Pence said when asked if it should be legal in the state of Indiana to discriminate against gays or lesbians. He said he wouldn’t push for state civil rights laws protecting individuals from discrimination based on their sexual orientation.

 

In an interview with The Indianapolis Star published Sunday, Mr. Pence said he is supporting the introduction of another bill that would clarify the intent of the law. He said he was “in discussions” with legislators, but provided little detail on what a new measure would include.

 

When asked on ABC about the legislative proposal, Mr. Pence said “we’re not going to change the law,” but we’re “open to” an additional bill that “reiterates and amplifies and clarifies” the law.

 

Representatives for Mr. Pence couldn’t be reached Sunday for further comment.

 

Hundreds of the law’s opponents rallied at Indiana’s capitol on Saturday, holding signs declaring “hate costs the state.” and calling for “liberty for all Hoosiers.”

 

Indianapolis-based Angie’s List announced Saturday that it was pulling a proposed $40 million expansion project in the state capital, expected to break ground in days, in response to the bill. The project will be on hold “until we fully understand the implications of the freedom restoration act on our employees, both current and future,” Chief Executive Bill Oesterle said in a statement.

 

Salesforce Inc. CEO Marc Benioff said on Twitter on Thursday his company would cancel programs requiring employees and customers to travel to Indiana.

 

Together with six other technology company executives, all based in Indiana, Mr. Benioff addressed Gov. Pence in a letter Wednesday, saying the legislation would make it difficult to attract talent in their sector to the state. “Technology professionals are by their nature very progressive, and backward-looking legislation, such as the RFRA, will make the state of Indiana a less appealing place to live and work.”

 

Yelp CEO Jeremy Stoppelman penned an “open letter to states considering imposing discrimination laws” on that company’s website Thursday, saying the laws “set a terrible precedent.” Mr. Stoppelman encouraged states to reject such legislation, writing, “it is unconscionable to imagine that Yelp would create, maintain, or expand a significant business presence in any state that encouraged discrimination by businesses against our employees, or consumers at large.”

 

Adrian Swartout, chief executive of annual Indianapolis gaming convention Gen Con LLC, said in a Thursday letter to convention participants that the event has a contract with the city through 2020, but “if you don’t feel comfortable attending, based upon your principles, we invite you to make the decision that feels right for you, your business, or group. We support your decision, regardless of the outcome.”

 

The mayors of San Francisco and Seattle both declared they are barring city-funded travel to Indiana.

 

Controversy around religious-freedom measures has swept across several states in recent legislative sessions.

 

On Friday, the Arkansas Senate approved a religious-protection bill, despite opposition from homegrown retail giant Wal-Mart Stores Inc., based in Bentonville. The measure will return to the state House, which passed it in February, for final approval before heading to the governor.

 

In Utah, legislators proposed a bill earlier this month that aims to protect both LGBT individuals and religious believers from discrimination in housing and employment.

 

Utah law already prohibits such discrimination based on race, color, sex, pregnancy, religion, national origin, disability and age (40 and older). The proposal, supported by both church leaders and gay rights activists in the state, adds sexual identity and gender orientation to that list.

Corrections & Amplifications

 

Last year, the Arizona Legislature passed a measure that would have allowed business owners to deny service to gay customers, based on the owners’ religious beliefs. The proposal prompted an outcry similar to Indiana’s before then-Gov. Jan Brewer, a Republican, vetoed it.