How Carmel Republicans became gay rights activists

At first glance, the task before Hoosiers who want to push LGBT rights protections into state law might appear insurmountable.

They face a governor who in the past has said such protections run counter to religious freedom. They face a statewide super majority of Republican legislators who just last year tried to ban gay marriage in the state’s constitution.

But the situation in one of the state’s reliable Republican strongholds exposes the fundamental ideological differences between social conservatives and business leaders within the party. And it reveals a divide in the Republican Party between those who live in large metro areas, and those who don’t.

Where much has been said about the state’s legislative super majority, Republicans in the affluent suburb of Carmel enjoy far more — unanimous GOP control. Yet, as deeply conservative as Carmel remains, the City Council is poised to pass significant protections for sexual orientation and gender identity Monday or at its following meeting, Sept. 21.

And, job creation rather than religion is the dominant theme. Mayor Jim Brainard and six of seven council members, all Republicans, argue that Carmel needs to make it clear the city is open for business. Open to new businesses. Welcoming to all new residents.

Without local polling on the issue, it’s difficult to tell if the City Council’s broad support for LGBT rights reflects similar levels of support among voters. Or if Carmel’s affluent demographics make it significantly different from other Republican strongholds in Indiana. But it does raise significant questions about where the GOP might ultimately come down on the issue.

“Because the makeup of our General Assembly is overwhelmingly Republican, to have a city in what has been described as one of the most Republican counties in the nation take a leadership role on this issue certainly will start a discussion,” said Mark Fisher, vice president of government relations at the Indianapolis Chamber of Commerce, which supports adding statewide sexual orientation and gender identity protections.

Social conservatives hope to block the ordinance

Fearing LGBT rights ordinances will infringe on religious freedoms, conservative groups representing evangelical Christians have fought similar ordinances around the state.

But Brainard and several members of the council said they were not expecting a backlash from Carmel voters.

Ryan McCann of the socially conservative Indiana Family Institute is trying to build opposition to Carmel’s ordinance. McCann said the ordinance is more over-reaching than many he has seen.

Under the proposal, Carmel could fine people, businesses or organizations that deny services, housing or jobs to gays $500 for every day the violation continues.

McCann has suggested to Brainard, in an email obtained by The Star, that businesses be exempted if they are asked to participate in any way in a same-sex marriage against their beliefs.

Brainard refused. McCann also has called all of the City Council members, but has not been able to build support.

Indiana Family Institute also sent a mass email to followers last week asking that they contact Brainard and other city officials with concerns. The header: “Something stinks in Carmel.”

“The origin of the putrid smell emanating from Carmel is the slow death of the 1st Amendment at the hands of Mayor Jim Brainard and the majority of the Carmel City Council,” the email read, in part.

In Goshen earlier this month, socially conservative groups fought back an LGBT rights ordinance with similar charges, as well as allegations that protections against discrimination based on gender identity could result in situations where sexual predators could dress as women and enter women’s bathrooms. Others called such charges a scare tactic, saying what is illegal now would remain so.

So far, the tone in Carmel has been more subdued.

“When you look at the polling that we have seen over the last few years, Carmel and Hamilton County in general are very Republican,” McCann said, “but they are not necessarily the most socially conservative areas of the state.”

Religious leaders navigate changing attitudes

Carmel church leaders who talked to The Star said the religious freedom law and the rights of lesbian, gay, bisexual and transgender people have raised significant questions among their congregations.

Several leaders of evangelical churches in Carmel, however, declined to comment or did not return messages. And those churches tend to represent the strongest opposition to gay rights issues.

According to Pew research released in July, support for same sex marriage was weakest nationally among white evangelicals, at 24 percent. In contrast, 82 percent of non-religious affiliated people supported same-sex marriage, and so did 60 percent of Catholics and mainline Protestants.

The Rev. Patti Napier, senior pastor at the Carmel United Methodist Church, said the 150-year old church, which is opposed to discrimination in any form, supports the city’s move to add LGBT protections to city law.

But Napier said viewpoints on LGBT rights within her congregation are far from united. Some support adding LGBT protections. Some are troubled by that, believing it goes against their faith’s viewpoint that marriage is between one man and one woman.

“I certainly am following (church doctrines) and the United Methodist Church has always been opposed to discrimination at any time,” Napier said. “But how do we live that out and what does that mean? I think that’s the question the church and the denomination will face in the days ahead.”

The United Methodist Church will discuss whether to begin conducting same-sex marriages during its national conference in 2016. But as of now, the denomination does not perform same-sex marriages and Carmel’s ordinance carves out a standard exemption for such churches

The city won’t try to force churches to perform religious duties or activities against their congregation’s beliefs. Business activities conducted by churches, though, would fall under the ordinance.

Still, parishioners of some Carmel churches told The Star they felt such laws infringe upon religious freedoms. Vincent Braun, who attends Our Lady of Mount Carmel Catholic Church, opposes adding protections for LGBT rights. He’s also opposed to same-sex marriage. He takes his viewpoint on the subject, he said, from his faith.

He said leaders at the church have handled the issue deftly, without saying anything overly political during mass.

“They simply say we need to be on guard in the world,” Braun said. “We need to start helping the world to bend to Christ and the church more than the church bending to the world.”

Business leaders support LGBT protections

Republican support for gay rights is coming from prominent Central Indiana business leaders, including those in Hamilton County. They began calling for Gov. Mike Pence and lawmakers to “fix” the Religious Freedom Restoration Act to add protections for sexual orientation and gender identity nearly as soon as he signed the bill.

They haven’t stopped.

Mo Merhoff, president of OneZone, formerly the Carmel and Fishers chambers of commerce, said reaction to RFRA among members was swift and just about unanimous: “Fix this,” she said, “it’s a problem.”

In some ways, that’s not a surprise. Hamilton County communities have based their futures on fostering economic development.

“Our businesses want to attract the very best and brightest and we want to make sure this isn’t an obstacle,” Merhoff said.

Jeff Hagerman, chairman of The Hagerman Group construction company and a chamber board member, said passing such an ordinance is simply the right thing to do and will send the message that Carmel is open for business.

“I think it brings clarity to what I think most of us in the private sector already understand,” Hagerman said. “This isn’t going to affect or change how I do business in the city of Carmel.”

Brainard said he knows of no businesses threatening to leave due to the religious freedom law or any that have tried to discriminate against people based on sexual orientation or gender identity.

But in Fishers, Mayor Scott Fadness said four businesses threatened to cancel plans to move to the city in the wake of the controversy surrounding the Religious Freedom Restoration Act.

Two did move here, he said. Two continue to balk at coming to Indiana.

He’s drafting an ordinance for the city to add sexual orientation and gender identity as protected classes. Noblesville also is considering such an ordinance.

“We are trying to be a vibrant city,” Fadness said. “To create that culture you have to be inclusive of everyone. It’s important for our long-term sustainability to attract the best and the brightest of the next generation.”

Some call it a regulatory intrusion

That’s not to say businesses are unanimously behind such laws. Matt Frey, who owns the popular Bub’s Burger restaurants, said he understands that Brainard and the Carmel council want to make it clear the city is open for business.

Frey said he would never think to turn away a job applicant or customer based on sexual orientation or gender identity.

He’s not opposed to Carmel’s ordinance, but he’s conflicted. As a conservative, he’s uncomfortable with adding another layer of government.

“I believe in choice, and that’s the problem,” Frey said. “I don’t want more government involved in business. I think if business owners make a choice (to deny services to some customers), then they won’t be in business very long.”

Citing similar concerns, one Carmel council member, Eric Seidensticker, said he wants to hear a wide discussion on the issue. He’s the lone member not sponsoring the ordinance, though he says he hasn’t made up his mind on how he will vote.

Perhaps the council’s most conservative member, Seidensticker is both deeply religious and uncomfortable adding more regulations to businesses. And he thinks there hasn’t been an issue with discrimination in Carmel.

“As far as private business,” he said, “if they choose to be stupid in their business practices, that is a God-given right and they won’t last long. But God has given us freedom of choice and the government wants to take it away.”

Carmel politicians don’t expect backlash

A group of Republicans is organizing a rally at Monday’s council meeting to back Brainard’s and the six council members’ decision to support the ordinance.

Denise Moe, a Carmel resident who has run political campaigns for Republicans seeking state office, is organizing the affair. She wants to pack the 126-seat council chamber with supporters to give the politicians cover.

She’s invited local community, business and faith leaders.

As a Republican, she said she thinks government should stay out of people’s personal lives. She thinks the tide is turning nationally on the issue, and within the Republican Party.

“I want the government out of most aspects of my life, especially socially,” Moe said. “I don’t think that one particular set of beliefs should rank higher than another set. I want the government to treat everyone equally.”

But it’s clear some will oppose the ordinance Monday. Carmel resident Beth Harvey plans to tell the council it’s unnecessary and a knee-jerk reaction to a religious freedom law she believes has been mischaracterized.

Brainard hopes the City Council fast tracks the ordinance and passes it Monday. That seems unlikely. All council members would have to vote to suspend the council’s rules in order to vote on the ordinance on first reading. And Seidensticker says he wants a debate.

The council is more likely to table the issue Monday and vote on it Sept. 21.

Both Brainard and Council President Rick Sharp, who are political opponents, expect the ordinance to pass easily, whenever the council votes.

Statewide passage more complicated

Business leaders and LGBT activists are watching what’s happening in Carmel. They plan to draft legislation they hope lawmakers will pass in 2016.

Jennifer Wagner, spokeswoman for Freedom Indiana, said Carmel’s decision to add local protections will make a difference in her group’s effort to add statewide protections.

But Carmel’s demographics are different from the state as a whole. Andy Downs, director of the Mike Downs Center for Indiana Politics at Fort Wayne, said it’s not surprising people in Carmel would support adding LGBT protections because college-educated people in affluent areas seem to be more accepting of alternative lifestyles.

“Carmel is an affluent area that puts economic development high on the list of things it wants to do well,” he said.

Republican Party leaders at the Statehouse say they’ve yet to discuss in a significant way how to move forward with the issue. And it’s clear the concerns of social conservatives will hold more sway in the Statehouse than in the suburbs of Indianapolis.

Downs believes legislation will take more than one session to pass, if at all.

He said lawmakers may decide that local communities are handling the issue by passing ordinances of their own, and decline to act at a state level in 2016.

Since the RFRA controversy, Terre Haute, Hammond and Muncie have expanded their human rights ordinances to protect people from discrimination on the basis of sexual orientation and gender identity.

Similar local laws also already existed in about a dozen Indiana communities, including Indianapolis, Bloomington, Evansville and South Bend.

“I think they will take the opportunity to say this is an example of giving local governments the opportunity to control things locally,” Downs said.

But in 2017 or later, he said, lawmakers might seek consistency, rather than a patchwork of ordinances with different protections and different penalties throughout the state.

Some local leaders say that is an issue now. Aida Ramírez, director of the Human Rights Commission in Columbus, said she’s finding major discrepancies as she catalogs all of the human-rights decrees and laws in Indiana. Some are enforceable. Others are not.

“The most vulnerable of our populations need something that is concrete, objective, and clearly identifiable.” she said. “No one wants to feel like a second-class citizen.”

Mark Miles, chief executive officer of Hulman & Co. and leader of a group that proposed earlier changes to RFRA, said the key to passing statewide legislation may be to draft a bill that would add another protection for religious rights to appease social conservatives.

He’s one of the chief advocates for passing such legislation, but he’s not yet quite sure what that compromise would look like.

“It’s important that Carmel is doing the right thing,” he said. “But whether it helps in any way at the state level, I’m not sure.”

The council will meet at 6 p.m. Monday.

Call Star reporter Chris Sikich at (317) 444-6036. Follow him on Twitter: @ChrisSikich and at Facebook/chris.sikich.

Lobbying Carmel

Here is an excerpt from an email The Indiana Family Institute sent to followers last week: