Indiana Religious Freedom Restoration Act

Indiana Senate Bill 101, titled the Religious Freedom Restoration Act (RFRA), is a law in the U.S. state of Indiana, which allows individuals and companies to assert as a defense in legal proceedings that their exercise of religion has been, or is likely to be, substantially burdened.

The bill was approved by a vote of 40–10 and on March 26, 2015, Indiana Governor Mike Pence signed SB 101 into law. The bill is similar to the Arizona SB 1062 vetoed by Governor Jan Brewer in 2014, which would have expanded Arizona's existing RFRA to include corporations.

The law's signing was met with criticism by such organizations as the National Collegiate Athletic Association (NCAA), Tim Cook (CEO of Apple Inc.), Subaru of America, the gamer convention Gen Con, and the Disciples of Christ. Technology company Salesforce.com said it would halt its plans to expand in the state, as did Angie's List. Opponents of the law claim that it is targeted against LGBT (lesbian, gay, bisexual, and transgender) people and other groups. Proponents of the law claim that it protects free exercise of religion and freedom of conscience.

Thousands protested against the policy, in part because of Indiana's reputation for "Hoosier hospitality". Greg Ballard, the Republican mayor of Indianapolis, called on the legislature to repeal the law, or add explicit protections for sexual orientation and gender identity. Mike Pence and Republican leadership in Indiana have defended the bill, stating it is not about discrimination.

Background

Indiana's Attorney General Greg Zoeller has written '' amicus'' briefs supporting same-sex marriage bans in ''Hollingsworth v. Perry'' and ''United States v. Windsor'' and appealed the Supreme Court's ruling on same-sex marriage in Indiana. Politifact reports that "Conservatives in Indiana and elsewhere see the Religious Freedom Restoration Act as a vehicle for fighting back against the legalization of same-sex marriage." In 2015, the Alabama Supreme Court ordered a halt to the issuing of same-sex marriage licenses, Kansas rescinded an LGBT anti-discrimination order, and Arkansas prohibited anti-discrimination codes being enacted by cities and local governments.

Indiana, unlike neighboring Illinois, does not have a state-wide anti-discrimination ordinance, and the majority of the state does not have local ordinances against discrimination against LGBT people. When a reporter asked Speaker of the House Brian Bosma whether it would be against the law for a business to put up a "no gays allowed" sign, he stated that "it would depend" on whether the business was in "a community that had a human rights ordinance."

In 2000, Pence stated "Congress should oppose any effort to recognize homosexual's as a 'discreet and insular minority' entitled to the protection of anti-discrimination laws similar to those extended to women and ethnic minorities." He called for "an audit to ensure that federal dollars were no longer being given to organizations that celebrate and encourage the types of behaviors that facilitate the spreading of the HIV virus". He commented that homosexuals should not serve in the military, stating "Homosexuality is incompatible with military service because the presence of homosexuals in the ranks weakens unit cohesion" and in 2010 stated that repealing Don't ask, don't tell would "have an impact on unit cohesion." Pence opposed the 2009 Matthew Shepard Hate Crimes Act stating that Obama would "advance a radical social agenda" and said that pastors "could be charged or be subject to intimidation for simply expressing a Biblical worldview on the issue of homosexual behavior."

''Burwell v. Hobby Lobby''

In 1993, the Religious Freedom Restoration Act was passed by the U.S. Congress and signed into law by President Bill Clinton. Originally, the federal law was intended to apply to federal, state, and local governments. In 1997, the U.S. Supreme Court in ''City of Boerne v. Flores'' held that the Religious Freedom Restoration Act only applies to the federal government, but not states and other local municipalities within them. As a result, 21 states passed state RFRAs before 2014.

In 2014, the United States Supreme Court handed down a landmark decision in ''Burwell v. Hobby Lobby Stores, Inc.'' recognizing a for-profit corporation's claim of religious belief. Nineteen members of Congress who signed the original RFRA stated in a submission to the Supreme Court that they "could not have anticipated, and did not intend, such a broad and unprecedented expansion of RFRA". The members further stated that RFRA "extended free-exercise rights only to individuals and to religious, non-profit organizations. No Supreme Court precedent had extended free-exercise rights to secular, for-profit corporations." Following this decision, many states have proposed expanding state RFRA laws to include for-profit corporations, including in Arizona where SB 1062 was passed but was vetoed by Governor Jan Brewer in 2014.

Content and other related aspects

Content

As signed into law, Indiana SB 101 stipulates that "a governmental entity may not substantially burden a person's exercise of religion... nless it(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest." The bill defines a "person" to include any individual, organization, or "a partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association", or another entity driven by religious belief that can sue and be sued, "regardless of whether the entity is organized and operated for profit or nonprofit purposes." A "person," as defined by the bill, would be permitted to cite violation of this law as a defense in legal proceedings. While the bill explicitly states that no government entity need be involved in the legal proceeding to invoke such a defense, it also states that "the governmental entity has an unconditional right to intervene in order to respond to the person's invocation of this chapter."

Signing

The bill was approved by a vote of 40–10. The Governor signed the approved bill into law three days later, and the law became effective on July 1, 2015.

Lobbyists from the American Family Association