A bill is scheduled to be proposed in the Indiana legislature that supporters say will secure individuals with strong religious beliefs but opponents say will legalize discrimination against the state’s queer population. The legislation has been in the pipeline since a federal judge struck down the state’s ban on same-sex marriage mid last year. That ruling, which the Supreme Court later allowed to stand, caused chaos among social conservatives who said business owners that object to same-sex marriage on religious grounds might be compelled to offer their services to same-sex couples.
The bill’s author, Scott Schneider, said he wants to fill up the existing loops in the state’s religious liberty framework.
“The focus has been on same-sex marriage because that's the hot topic right now, but it goes far beyond that,” he said. “It's important to have some religious freedom and protection.”
According to Micah Clark, director of American Family Association, Indiana, a group lobbying for the bill, the legislation could have broad implications since it would grant small businesses, including caterers, bakeries, florists and chapels, the freedom to refuse services to same-sex couples on religious grounds. It would also give adoption agencies the power to refuse children to same-sex couples.
“The freedom of conscience bill is really about limiting government's ability to squelch freedom of religion, conscience or speech,” Clark said.
Chris Paulsen, president of Indiana Equality Action, a group opposing the bill, said the legislation would primarily legalize discrimination against members of the state’s queer population.
“We feel any public business should treat everyone equally and should not discriminate against anyone,” she said. “We would obviously vigorously oppose anything that allowed discrimination against the LGBT community.”
However, Schneider reiterated the bill would ensure no person is discriminated against in the state of Indiana.
“This is a bill to protect freedom and protect religious liberty,” he said.
As of now, the specific wording of the bill is being fine-tuned.
One of the drafts of the bill, however, says Indiana’s actions “shall not burden a person's right to exercise of religion,” unless the government can demonstrate that the burden is “essential to further a compelling governmental interest and is the least restrictive means of furthering” that interest.
In addition, the bill would allow a person practicing his or her religion to use the law as a defense in court, irrespective of whether the state is involved in the case.
The bill scheduled to be presented in Indiana is modeled on the federal Religious Freedom Restoration Act, which was passed by former president Bill Clinton to secure religious minorities. However, the federal law is not applicable to local or state governments.
Amidst a wave of recent federal court decisions that have legalized same-sex marriage in several states, religious conservatives are continuously lobbying for similar religious freedom bills at statehouses. While 19 states have already passed some form of this law, proposals have been submitted in several other states, including Georgia and Michigan.
Republican Ed DeLaney said the bill is likely to create trouble where there isn’t one, because it will shift legislators’ focuses from important issues like wages and education.
“We are not being prevented from exercising our faith, nor are we being forced to do something we don't want to do,” he said. “It's kind of sad, really.”
Analysts believe Schneider’s bill is likely to get some serious attention in the General Assembly, which is more conservative than any other in recent history. Reportedly, more conservative candidates managed to knock off less conservative candidates during the GOP primaries and Republicans managed to increase the size of their majorities in both chambers last November. The legislative session for 2015 begins on January 6.
Photo Credits: Indiana Right to Life
