Gov. Mike Pence signs RFRA fix

6:05 p.m. UPDATE:

Gov. Mike Pence has signed into law a measure aimed at removing fears that the state's new "religious freedom" law would allow businesses to discriminate against gays and lesbians.

Here is his full statement:

"The freedom of religion for every Hoosier is enshrined in the Constitution of the United States and in the Indiana Constitution, which reads, 'No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.' For generations, these protections have served as a bulwark of religious liberty for Hoosiers and remain a foundation of religious liberty in the State of Indiana, and that will not change.

"Last week the Indiana General Assembly passed the Religious Freedom Restoration Act raising the judicial standard that would be used when government action intrudes upon the religious liberty of Hoosiers, and I was pleased to sign it.

"Over the past week this law has become a subject of great misunderstanding and controversy across our state and nation. However we got here, we are where we are, and it is important that our state take action to address the concerns that have been raised and move forward.

"Last weekend I called upon the Indiana General Assembly to clarify that this new judicial standard would not create a license to discriminate or to deny services to any individual as its critics have alleged. I am grateful for the efforts of legislators, business and other community leaders who came together to forge this clarifying language in the law.

"Hoosiers deserve to know, that even with this legislation, the Religious Freedom Restoration Act enhances protections for every church, non-profit religious organization or society, religious school, rabbi, priest, preacher, minister or pastor in the review of government action where their religious liberty is infringed. The law also enhances protection in religious liberty cases for groups of individuals and businesses in conscience decisions that do not involve provision of goods and services, employment and housing.

"In the midst of this furious debate, I have prayed earnestly for wisdom and compassion, and I have felt the prayers of people across this state and across this nation. For that I will be forever grateful.

"There will be some who think this legislation goes too far and some who think it does not go far enough, but as governor I must always put the interest of our state first and ask myself every day, 'What is best for Indiana?' I believe resolving this controversy and making clear that every person feels welcome and respected in our state is best for Indiana.

"Our state is rightly celebrated for our pro-business environment, and we enjoy an international reputation for the hospitality, generosity, tolerance and kindness of our people. Hoosier hospitality is not a slogan; it is our way of life. Now that this is behind us, let's move forward together with a renewed commitment to the civility and respect that make this state great."





4:24 pm UPDATE: The Indiana Senate voted 34-16 to OK changes to the "religious freedom" law. The measure now goes to Gov. Mike Pence, who has yet to say whether he'll sign the measure into law, veto it or let it become law without his signature.

4:10 p.m. UPDATE:

The Indiana House voted 66-30 to alter the divisive "religious freedom" law to remove fears that it would allow businesses to discriminate against gays and lesbians.

The Indiana Senate was expected to quickly follow suit and send the changes to Gov. Mike Pence, who has yet to say whether he will accept the revisions.

The changes would make it clear that the law cannot be used to discriminate based on sexual orientation and gender identity.

Updated at 2:30 p.m:

What appeared to be a group effort Thursday morning to fix Indiana's divisive "religious freedom" law dissolved into a Republican power play as the GOP kicked out Democrat committee members before taking a vote on the changes.

As of 1 p.m., Democrats were meeting privately to decide whether to sign off on the clarifying measure, which they said doesn't go far enough to protect gays and lesbians from discrimination.

But by 2:30 p.m., Republicans had removed the Democrat committee members, so they could move the bill without Democrat support to the full House and Senate for a final vote today.



Democrats said the changes didn't go far enough. They wanted a repeal of the Religious Freedom Restoration Act, or full civil rights protections for gays and lesbians.

Earlier story:

Business, civic and sports leaders who demanded a fix to Indiana's divisive "religious freedom" law flanked Republican legislative leaders Thursday as they announced a new measure that would prohibit the law from being used to discriminate based on sexual orientation and gender identity.

Those leaders had overwhelmingly opposed the law, which many feared would allow discrimination against the LGBT community. But they embraced the fix unveiled Thursday morning and began to try to repair the damage that the controversy has wrought on Indianapolis' once sterling reputation as a welcoming convention and sports city.

Speaking at the news conference were Allison Melangton, who headed planning for the 2012 Super Bowl in Indianapolis, Jim Morris, vice chairman of the Pacers, former Indianapolis Mayor Bart Peterson and Salesforce Marketing Cloud CEO Scott McCorkle.

Senate President Pro Tem David Long, R-Fort Wayne, and House Speaker Brian Bosma, R-Indianapolis, presented the clarifying measure at a 9 a.m. Statehouse news conference and presented the proposal to lawmakers at a 9:30 a.m. committee meeting.

"Hoosier hospitality had to be restored," Bosma said during the news conference, where he apologized "not for actions taken, but the message received."

"Is the damage able to be turned back?" he said. "That remains to be seen."

The leaders were referring to intense backlash that rained down on Indiana after Gov. Mike Pence signed the bill during a private ceremony last week. Conventions have canceled or threatened to move events that bring millions of dollars into the state. Prominent business executives have halted expansion plans or canceled travel to the state. The NCAA, which is holding the men's Final Four in Indianapolis this week, has also expressed concerns about the law.

"It was never intended to discriminate against anyone," Long said. "That perception led to the national protests we've seen."

Peterson, now a vice president with Eli Lilly, said the words "gender identity" and "sexual orientation" will appear in state law in context of anti-discrimination for first time.

"The healing needs to begin right now," he said.

Salesforce's McCorkle lauded his employees and Indiana residents for coming out strong against the bill.

The tech company had previously said it would no longer send employees and customers to Indiana in light of what it saw as the passing of a discriminatory law.

"I've lived in Indiana my entire life ... this state has given me so much. I've love Indiana," McCorkle said.

Chris Douglas, founding president of Indianapolis Rainbow Chamber of Commerce, said Indiana is a "loving state."

"Much of our work has been done over many years to achieve progress in Indiana," said Douglas, whose group promotes the interests of the LGBT community in the city's economic development.

At the committee hearing that followed the news conference, Eric Miller of Advance America, which lobbied for the original religious freedom law, said the proposed changes would "destroy" the law.

"Among the things that will happen, Christian bakers, florists and photographers would now be forced by the government to participate in a homosexual wedding or else they would be punished by the government," Miller's group said in a blog post.

Some Christian conservatives who had supported the original law called for Pence to veto the changes.

The proposed new language — worked out during private, marathon negotiations on Wednesday between Republican legislative leaders, key business and sports officials and the governor's staff — would alter the Indiana Religious Freedom Restoration Act, or RFRA, to ensure it does not discriminate against gay and lesbian customers of Indiana businesses. But it stops short of providing statewide protections against discrimination of gay, lesbian and transgender people.

Pence called for "clarifying" language over the weekend in an effort to stem the tide of criticism and economic blows. But it was unclear as of Thursday afternoon whether the governor would support the new language.

The measure could put to rest some of the harsher criticisms that Indiana Republicans have suffered through in the past week. But it is unlikely to make either liberal or conservative activists happy and easily prefaces a future Statehouse battle over LGBT protections.

In fact, Long said he thought it was likely lawmakers would take up full LGBT protections next year.

The compromise legislation specifies that the new religious freedom law cannot be used as a legal defense to discriminate against patrons based on their sexual orientation or gender identity.

The proposal goes much further than a "preamble" that was proposed earlier in the week, and, if it stands, would be the first time any protections against discrimination have been extended to gays and lesbians in state law. But it doesn't go as far as establishing gays and lesbians as a protected class of citizens statewide or repealing the law outright, both things Republican leaders have said they could not support.

Specifically, the new language says the RFRA does not authorize a provider — including businesses or individuals — to refuse to offer or provide services, facilities, goods, employment, housing or public accommodation to any member of the public based on sexual orientation or gender identity, in addition to race, color, religion, ancestry, age, national origin, disability, sex or military service.

The proposed language exempts churches or other nonprofit religious organizations — including affiliated schools — from the definition of "provider."

Democrats insist the changes don't go far enough. They want a repeal of the RFRA and full civil rights protections for gays and lesbians.

Long, Bosma and the Rainbow Chamber's Douglas all said they didn't think there was enough time for a robust discussion on that issue now — but that a debate over that issue was likely next year.







