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Sunday, March 29, 2015

'Religious freedom' law: How did we get here? - Indianapolis Star

Compiled from Star archives 8:01 a.m. EDT March 29, 2015




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Gov. Mike Pence signed a controversial “religious freedom” bill Thursday morning in his Statehouse office, culminating a three-month battle over the most divisive issue of the 2015 session of the Indiana General Assembly.


Senate Enrolled Act 101, called the Religious Freedom Restoration Act, aims to 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 uses the “least restrictive” means to do so.


Supporters say the measure will protect people and business owners with strong religious beliefs. Opponents say it will essentially legalize discrimination, particularly against gays and lesbians.


Pence’s signature culminates a week of particular rancor over the bill — which thrust Indiana into the national spotlight — but the story has been ongoing for a while, with twists and turns along the way.


Here’s a look back at developments surrounding the legislation as reported by The Indianapolis Star.


Dec. 26: Battle shapes up


State Sen. Scott Schneider, R-Indianapolis, said a “religious freedom” bill he authored aims to shore up gaps in the state’s “religious liberty framework.”


Such legislation had been widely expected since a federal judge struck down Indiana’s same-sex marriage ban and the U.S. Supreme Court let that ruling stand.


The bill’s model is the federal Religious Freedom Restoration Act, or RFRA, which became law under President Bill Clinton to protect religious minorities.


Feb. 9: Bills get hearing in Senate


Supporters and opponents of “religious freedom” legislation squared off for the first time during a nearly five-hour hearing before the Senate Judiciary Committee.


A Baptist pastor cited concerns that, without such a law, he might be required to perform a same-sex marriage.


Business groups, including the Indiana Chamber of Commerce, said such a law would send an unwelcoming message that would hurt business recruitment.


The same day, Pence appeared at a rally in favor of the legislation and thanked a crowd “for taking a stand to protect religious freedom in Indiana.”


Feb. 23: Freedom Indiana opposes bill


Freedom Indiana, a grass-roots coalition that last year helped defeat a constitutional amendment to ban same-sex marriage, joined the fight against “religious freedom” legislation.


Effort to add protections for same-sex couples fails


Senate Republicans defeated several amendments proposed by Democrats to add protections for same-sex couples. One proposal would have prevented the measure from overriding state or local civil rights laws that prohibit discrimination on the basis of sexual orientation.


Feb. 24: Senate passes bill


The Indiana Senate approved the “religious freedom” bill on a 40-10 party-line vote. “You don’t have to look too far to find a growing hostility toward people of faith,” said author Scott Schneider, R-Indianapolis. “This bill acts as a shield, not a sword.”


March 5: Faiths divided over bill


Faith leaders across Indiana are split on the issue. Supporters think the legislation intends to shield religious practices. Opponents think it essentially will legalize discrimination.


March 9: Could patients be denied treatment?


Eskenazi Health joined a number of businesses in opposing the legislation. The health care system said it feared the measure could create a “gray area” in which employees could decline to treat patients by claiming religious objections.


March 19: Salesforce exec criticizes bill


In a letter to the General Assembly, the CEO of Salesforce — the San Francisco-based tech giant that bought Indianapolis-based ExactTarget in 2013 — warned that the measure threatens future growth in Indiana.


March 23: Indiana House passes bill


The GOP-controlled House approved the measure on a 63-31 vote, with five Republicans joining 26 Democrats in opposing the bill. Nineteen other states have adopted similar laws, and several others are considering legislation.


First openly gay pro athlete blasts bill


Jason Collins, who came out as gay after the 2013 NBA season, took to Twitter to ask: @GovPenceIN, is it going to be legal for someone to discriminate against me & others when we come to the #FinalFour?


March 24: Bill heads to Pence’s desk


The Republican-controlled Senate passed a House version of the bill on a 40-10 party-line vote, virtually assuring that the measure would become law. Pence had repeatedly expressed support for the bill.


Gen Con threatens to move convention


Organizers of Gen Con, Indianapolis’ largest convention in attendance (56,000 people last year) and economic impact (more than $50 million annually), threatened to move the event if Pence signed the bill.


“Legislation that could allow for refusal of service or discrimination against our attendees ... will factor into our decision-making on hosting the convention in the state of Indiana in future years,” Adrian Swartout, owner and CEO of Gen Con LLC, said in a letter sent to Pence.


March 25: Ballard: Bill sends ‘wrong signal’; church threatens to cancel convention


Indianapolis Mayor Greg Ballard, a Republican, said passage of the bill sends the “wrong signal” for the state and the city. “We are a diverse city, and I want everyone who visits and lives in Indy to feel comfortable here,” he said in a statement.


Meanwhile, the Christian Church (Disciples of Christ) sent a letter to Pence threatening to cancel its 2017 convention if he signed the measure.


March 26: Pence signs “religious freedom” bill


Pence signed Senate Enrolled Act 101 and began defending the law. “I think there’s a lot of misunderstanding,” he said about the measure during a news conference shortly after the private signing. “This has never undermined anti-discrimination laws.”


NCAA: Law causes concern for future events


NCAA President Mark Emmert said the Indianapolis-based collegiate athletic organization would examine how the law “might affect future events as well as our workforce.”


The men’s basketball Final Four will be played April 4 and 6 at Lucas Oil Stadium, and Indy is scheduled to host the women’s Final Four next year.


Salesforce to stop travel to Indiana


Soon after Pence signed the bill into law, Salesforce.com founder and CEO Marc Benioff announced that he would no longer send employees or customers to Indiana.


“Today we are canceling all programs that require our customers/employees to travel to Indiana to face discrimination,” he tweeted.


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