News of a proposed legislative "fix" to Indiana's so-called religious freedom law is being met with caution and skepticism by opponents of the law. While the changes may patch the most egregious flaw of the law, language that gave legal protection to anti-LGBT discrimination in the state, it still doesn't affirmatively
protect Indiana's LGBT citizens from that discrimination. A roundup of reactions:
- The ACLU put out a statement calling the amendments "a major improvement," but that "there remain significant problems that must be addressed."
With these amendments, the RFRA cannot be used as a defense in some kinds of discrimination cases. That’s a major improvement. But it still poses a risk that it can be used to deny rights to others, including in education, access to health care, and other aspects of people’s lives. While this is one piece of the solution, it is incomplete.
- Angie's List CEO Bill Oesterle, who canceled a $40 million expansion of the company's Indianapolis headquarters in response to the new law, is not impressed.
“Our position is that this 'fix' is insufficient," said Oesterle, who previously served as a staffer to former Gov. Mitch Daniels (R). "There was no repeal of RFRA and no end to discrimination of homosexuals in Indiana. Employers in most of the state of Indiana can fire a person simply for being Lesbian, Gay, Bisexual, Transgender or Questioning. That’s just not right and that’s the real issue here. Our employees deserve to live, work and travel with open accommodations in any part of the state.“
- Lambda Legal calls the amendments "a significant step forward," but notes that it falls far short of actually blocking anti-LGBT discrimination.
But, make no mistake, while acknowledging that protections for LGBT people should be enforceable if they exist, today’s proposal does not answer the national call to “fix this now” by enacting them. This proposal fails to add sexual orientation and gender identity to Indiana’s protective framework that currently forbids discrimination based on race, religion, color, sex, disability, national origin and ancestry, leaving LGBT people unprotected across much of the state.
Assuming today’s partial “fix” does take effect, LGBT Hoosiers will remain vulnerable to being fired from their jobs, denied service in restaurants, hotels, and other public accommodations, refused housing, and treated unequally in countless other settings. We call on the legislature and Governor Pence to fix this in full by prohibiting discrimination on the basis of sexual orientation and gender identity. Every Hoosier deserves to be treated with respect.
- Freedom Indiana is also skeptical. Campaign manager Katie Blair:
"According to current media reports, the proposal being considered falls far short of these principles, leaving the door wide open for discrimination."
That seems to be the consensus. While it is a necessary change in the Indiana law, it is also an insufficient one, one that still permits the sort of discrimination that the original law sought to codify and protect. That's not likely to be enough to salvage the mess Gov. Mike Pence and state Republicans have gotten themselves into.