This week, Indiana Governor Mike Pence is expected to sign a bill this Thursday allowing business to refuse to serve gay and lesbian customers under the justification of "religious freedom." The state's Republican legislature passed the measure after an unsuccessful 2014 attempt to amend the state constitution to ban same-sex marriage.
Proponents of Senate Bill 101 claim that the legislation is aimed at protecting private businesses and individuals from government oppression by allowing them to exercise their religious freedom to refuse gays and lesbians service. The text of the bill prevents state and local governments from "substantially burdening" a business owner's exercise of religion unless the government can prove it has a "compelling interest" and is doing so in the "least restrictive" means.
The bill's provisions echo the wording of the 2014 Hobby Lobby case, which protected a closely-held, private corporation's right to refuse its employees birth control coverage on religious grounds. Additionally, it is speculated that the legislature passed SB 101 in anticipation of the Supreme Court's much-anticipated June ruling on same-sex marriage, which could profoundly impact LGBT rights across the United States. If Gov. Pence signs off on the bill, Indiana will join 18 other states with similar legislation in place legalizing discrimination against gays and lesbians.
The governor issued the following statement: "[This bill] is about respecting and reassuring Hoosiers that their religious freedoms are intact. I strongly support the legislation and applaud the members of the General Assembly for their work on this important issue."
Supporters of LGBT rights are intensely pressuring Gov. Pence to change his mind and veto the bill, which they see as a violation of constitutional rights. The bill's opponents are hopeful the governor will follow Jan Brewer, the Republican Arizona governor who ultimately vetoed a similar bill in 2014, fearing the bill "could divide Arizona in ways that we could not even imagine and no one would ever want."
Interestingly, there has been a sharp outcry against the bill from the business community. Adrian Swartout, the owner of Gen Con, one of the largest gaming conventions in the country, has threatened to move the convention from its current location if the bill is passed. In recent years, Gen Con has attracted over 56,000 attendees and contributed $50 million in economic activity to the state of Illinois.
Swartout wrote in an open letter: "Gen Con proudly welcomes a diverse attendee base, made up of different ethnicities, cultures, beliefs, sexual orientations, gender identities, abilities, and socioeconomic backgrounds. We are happy to provide an environment that welcomes all, and the wide-ranging diversity of our attendees has become a key element to the success and growth of our convention."
Furthermore, the NCAA's Final Four is due to be held in the state in two weeks. Jason Collins, the first openly gay active NBA player, tweeted the governor asking whether it was "going to be legal for someone to discriminate against me & others when we come" for the athletic event. The NCAA reported they were examining the content of the bill and reconsidering their ties with the state. Additionally, the Christian Church declared it would cancel its 2017 Indianapolis convention should the bill pass.
Finally, the chief executive of tech corporation Salesforce warned the governor that his company, which bought Indianapolis-based Exact Target for in 2013 for $2.5 billion, would pull out of state if he signed the bill. The Republican mayor of Indianapolis, Greg Ballard, has come out against the bill, saying: "Indianapolis strives to be a welcoming place that attracts businesses, conventions, visitors and residents. We are a diverse city, and I want everyone who visits and lives in Indy to feel comfortable here."
What do you think? Should Gov. Pence sign or veto the bill? Is this a bill about protecting religious freedom or legalizing discrimination? Is such legislation even constitutional?
Sources:
http://edition.cnn.com/2015/03/25/politics/mike-pence-religious-freedom-bill-gay-rights/
http://www.indystar.com/story/news/politics/2015/03/24/gen-con-threatens-move-convention-gov-mike-pence-signs-religious-freedom-bill/70393474/
Proponents of Senate Bill 101 claim that the legislation is aimed at protecting private businesses and individuals from government oppression by allowing them to exercise their religious freedom to refuse gays and lesbians service. The text of the bill prevents state and local governments from "substantially burdening" a business owner's exercise of religion unless the government can prove it has a "compelling interest" and is doing so in the "least restrictive" means.
The bill's provisions echo the wording of the 2014 Hobby Lobby case, which protected a closely-held, private corporation's right to refuse its employees birth control coverage on religious grounds. Additionally, it is speculated that the legislature passed SB 101 in anticipation of the Supreme Court's much-anticipated June ruling on same-sex marriage, which could profoundly impact LGBT rights across the United States. If Gov. Pence signs off on the bill, Indiana will join 18 other states with similar legislation in place legalizing discrimination against gays and lesbians.
The governor issued the following statement: "[This bill] is about respecting and reassuring Hoosiers that their religious freedoms are intact. I strongly support the legislation and applaud the members of the General Assembly for their work on this important issue."
Supporters of LGBT rights are intensely pressuring Gov. Pence to change his mind and veto the bill, which they see as a violation of constitutional rights. The bill's opponents are hopeful the governor will follow Jan Brewer, the Republican Arizona governor who ultimately vetoed a similar bill in 2014, fearing the bill "could divide Arizona in ways that we could not even imagine and no one would ever want."
Interestingly, there has been a sharp outcry against the bill from the business community. Adrian Swartout, the owner of Gen Con, one of the largest gaming conventions in the country, has threatened to move the convention from its current location if the bill is passed. In recent years, Gen Con has attracted over 56,000 attendees and contributed $50 million in economic activity to the state of Illinois.
Swartout wrote in an open letter: "Gen Con proudly welcomes a diverse attendee base, made up of different ethnicities, cultures, beliefs, sexual orientations, gender identities, abilities, and socioeconomic backgrounds. We are happy to provide an environment that welcomes all, and the wide-ranging diversity of our attendees has become a key element to the success and growth of our convention."
Furthermore, the NCAA's Final Four is due to be held in the state in two weeks. Jason Collins, the first openly gay active NBA player, tweeted the governor asking whether it was "going to be legal for someone to discriminate against me & others when we come" for the athletic event. The NCAA reported they were examining the content of the bill and reconsidering their ties with the state. Additionally, the Christian Church declared it would cancel its 2017 Indianapolis convention should the bill pass.
Finally, the chief executive of tech corporation Salesforce warned the governor that his company, which bought Indianapolis-based Exact Target for in 2013 for $2.5 billion, would pull out of state if he signed the bill. The Republican mayor of Indianapolis, Greg Ballard, has come out against the bill, saying: "Indianapolis strives to be a welcoming place that attracts businesses, conventions, visitors and residents. We are a diverse city, and I want everyone who visits and lives in Indy to feel comfortable here."
What do you think? Should Gov. Pence sign or veto the bill? Is this a bill about protecting religious freedom or legalizing discrimination? Is such legislation even constitutional?
Sources:
http://edition.cnn.com/2015/03/25/politics/mike-pence-religious-freedom-bill-gay-rights/
http://www.indystar.com/story/news/politics/2015/03/24/gen-con-threatens-move-convention-gov-mike-pence-signs-religious-freedom-bill/70393474/
2 comments:
David,
There is no doubt in my mind that this bill should be vetoed without question. There is absolutely no reason why LGBT people should be denied any rights whatsoever. Religious freedom is important, but so are basic human rights for everyone. I personally find it appalling that this bill is even being considered in legislature. I think it’s beyond time for the LGBT community to feel that they are not being discriminated against. Just because you don’t agree with someone’s way of life, it doesn't mean that it is okay to discriminate against them. This is a matter of respect. If a store owner’s religion is against LGBT people, that’s their decision. But that’s a personal conflict that should not be brought this far. And it certainly shouldn't justify refusing to serve a person.
What scares me about the concept of this bill is how far it could be taken if it gets passed. If store owners are justified in discriminating LGBT people in their stores, what will stop that discrimination from expanding? In no way can this bill be constitutional. All people are created equal. All people deserve the freedom to have their own life and beliefs, and America is long overdue for some mutual respect and tolerance, not just towards the LGBT community.
David,
Hearing about this bill makes me sick to my stomach. It is ridiculous to even think someone would propose this bill. I understand that our country was built upon having freedoms such as religious freedoms, but we are also built upon basic human rights. By passing this bill we would be not just breaking, but throwing away those human rights for our countries LGBT community. In this day and age, we have made so much progression in accepting and respecting the LGBT community, but with this bill we would be taking us a 100 steps back. We as people all have different opinions and views on life, but they should remain personal, not reach a federal level.
I hope that this bill does not go far in legislation. I predict that it won't. Over the past couple of years, so many states have made progress in passing laws to allowing marriage rights to the LGBT community, that I think with one look of this bill, they'll kill it. And if not, if it ever reached the President, I am almost positive he would absolutely veto it. But like I said, I doubt it will get that far.
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