Gov. Pence proposes 'fix' to religious freedom law

John Bacon | USA TODAY

Show Caption Hide Caption Indiana's 'religious freedom law': Discrimination or not? What both sides are saying in Indiana's religous freedom law debate.

Indiana Gov. Mike Pence aggressively defended Indiana's religious freedom law Tuesday but said he wants a bill on his desk by week's end "making it clear the law does not allow businesses the right to deny services to anyone."

"This law does not give anyone the right to discriminate," Pence said at a news conference. "But I can appreciate that that has become the perception."

The state's Religious Freedom Restoration Act, which takes effect July 1, would prohibit laws that "substantially burden" a person's freedom of religion unless the government can prove a compelling interest in imposing that burden.

Social conservatives pushed the law to protect Christian business owners -- bakers, florists and photographers -- who do not want to provide their products or services for same-sex weddings.

The U.S. Supreme Court ruled in 1997 that the federal Religious Freedom Restoration Act generally did not apply to state and local laws, so states began passing their own companion measures. Before Indiana, 19 other states enacted religious-freedom laws. Over the years, courts have been divided on whether to grant religious exemptions.

Tuesday, Arkansas lawmakers gave final approval to their state's Religion Freedom Restoration Act, sending the bill to Gov. Asa Hutchinson, who has said he would likely sign it.

The vote came after the Little Rock Chamber of Commerce announced its opposition to the bill, which it said "can be interpreted to provide religious protection for Arkansans who choose to discriminate against other Arkansans. This is bad for business and bad for Arkansas."

Later, Arkansas-based Walmart called on Hutchinson to veto the bill.

"Every day, in our stores, we see firsthand the benefits diversity and inclusion have on our associates, customers and communities we serve. It all starts with our core basic belief of respect for the individual, CEO Doug McMillon said in a statement. "Today's passage of HB1228 threatens to undermine the spirit of inclusion present throughout the state of Arkansas and does not reflect the values we proudly uphold."

The Indiana law has drawn sharp criticism from LGBT advocates and some corporations.

The ACLU and the LGBT group GLAAD are among organizations pressing Pence to support the proposed Fairness for All Hoosiers Act to extend legal protections to the LGBT community.

Nine corporate CEOs sent Pence an open letter asking that the state "immediately enact new legislation that makes it clear that neither the Religious Freedom Restoration Act nor any other Indiana law can be used to justify discrimination based upon sexual orientation or gender identity."

Pence called Tuesday for "a clarification, but also a fix." Continuing a theme since signing the bill last week, he pressed his argument that the law and his state are not discriminatory. Pence has consistently blamed "some on the left" and the national media with mischaracterizing the bill.

He again argued that the law mirrors the federal Religious Freedom Restoration Act signed by President Clinton in 1993.

"That may be true only if you're using a funhouse mirror," Sen. Chuck Schumer, D-NY, said Tuesday. Schumer said the federal law is less broad and was designed to protect individuals from government interference. The Indiana law also protects private companies and corporations, Schumer said.

"This issue for me is first about religious liberty," Pence said earlier Tuesday while pitching his case on Fox News. "Indiana is open for business. If we have to make adjustments to this law to make it clear that this law as never intended to give businesses the right to turn away customers on the basis of sexual orientation, we will fix that."

On Saturday, thousands of people gathered in downtown Indianapolis to protest. Some Indiana business leaders have balked, led by Indianapolis-based Angie's List, which has put off a planned $40 million expansion.

The corporate uprising isn't just a local issue: Gap Inc. and Levi Strauss & Co. issued a statement saying laws such as Indiana's "allow people and businesses to deny service to people based on their sexual orientation (and) turn back the clock on equality and foster a culture of intolerance."

Marriott International CEO Arne Sorenson described the law as "pure idiocy," adding that "the notion that you can tell businesses somehow that they are free to discriminate against people based on who they are is madness."

The sports world also is chiming in. NCAA president Mark Emmert said he was "surprised and disappointed" by the law. NASCAR released a statement Tuesday: "NASCAR is disappointed by the recent legislation passed in Indiana. We will not embrace nor participate in exclusion or intolerance."

Pence has been working tirelessly to patch his state's image, writing an op-ed for Tuesday's Wall Street Journal blasting the media for characterizing the law as a "license to discriminate."

"I abhor discrimination. I believe in the Golden Rule that you should 'do unto others as you would have them do unto you.' If I saw a restaurant owner refuse to serve a gay couple, I wouldn't eat there anymore."

Pence has plenty of supporters. On Monday, some leading GOP presidential hopefuls lined up behind Pence on the issue. Former Florida governor Jeb Bush, Sen. Ted Cruz of Texas and Sen. Marco Rubio of Florida expressed support for Pence and the Indiana law.

Rubio told Fox News that no one would support refusing to serve a gay couple in a restaurant, but added that "the flip side is … should a photographer be punished for refusing to do a wedding that their faith teaches them is not one that is valid in the eyes of God?"

Contributing: Catalina Camia