Controversial religious freedom legislation that could protect business owners who don’t want to provide services for same-sex couples appears poised to become law in Indiana.
The Republican-controlled Indiana House approved the measure this afternoon on a 63-31 vote, largely along party lines. Five Republicans joined 26 Democrats in opposing the bill.
The vote likely clears a path for the hot-button legislation to become law. The Senate already approved a slightly different version of the bill last month and Gov. Mike Pence has expressed support for the measure.
Senate Bill 101 would prevent state and local governments from “substantially burdening” a person’s exercise of religion unless the government can prove it has a compelling interest and is doing so in the least restrictive means.
Supporters say the measure would protect people and business owners with strong religious beliefs from government intrusion.
“It’s important that we allow our citizens to hold religious beliefs, maybe even those we might be appalled by, and to be able to express those,” said Rep. Tom Washburne, R-Inglefield.
Opponents say it would license discrimination, particularly against gays and lesbians.
“It basically says to a group of people you’re second rate, you don’t matter, and if you walk into my store, I don’t have to serve you,” said Minority Leader Scott Pelath, D-Michigan City.
Social conservatives have pushed hard for such measures across the country following recent federal court rulings that legalized same-sex marriage in Indiana and other states.
The proposal is modeled on a 22-year-old federal law known as the Religious Freedom and Restoration Act. That law played a key role in the U.S. Supreme Court's decision that allowed Hobby Lobby and other closely held corporations with religious objections to opt out of an Affordable Care Act requirement that they cover certain contraceptives for women.
Nineteen other states have adopted similar “religious freedom” laws, and several others are considering legislation.
Gay rights groups and several major Indiana employers — including Salesforce, Cummins, and Eskanazi Health — have opposed the measure, fearing it will encourage discrimination and hurt Indiana’s reputation as a welcoming state.
Legal scholars have voiced contrasting opinions about legislation’s impact. The issue has also divided religious leaders.
In debating the measure on Monday, lawmakers on both sides of the issue cited religious scripture to defend their positions.
Rep. Bruce Borders, R-Jasonville, spoke about an anesthesiologist who didn’t want to anesthetize a woman in preparation for an abortion. Borders said he believes the Bible’s command to “do all things as unto the Lord” means religious believers need to be protected not just in church, but in their workplaces as well.
Rep. Ed DeLaney, D-Indianapolis, cited the Bible for the opposite purpose – to argue that Jesus served all people.
“My prophet had dinner with hookers,” he said. “Was he blessing them? I hope so.”
A House committee last week amended the bill to exempt employers from any lawsuits brought by employees under the legislation.
The bill’s author, Sen. Dennis Kruse, could concur with the House version as early as this week, sending it to Pence for his signature. He could also try to negotiate differences with House sponsors, in which case both chambers would have to vote on last time on the bill’s final version.
