Gov. Mike Pence: Change RFRA law to make it clear discrimination won't be allowed

In his latest effort to clarify the Indiana's controversial new "religious freedom" law, Gov. Mike Pence called on lawmakers Tuesday to pass legislation clarifying that it does not allow business owners to discriminate in providing services.

But without a specific proposal in hand, he left a big question unanswered: Will the clarifying language go far enough to extinguish the national firestorm surrounding the new law?

That question loomed over the state as leaders of the Republican-controlled General Assembly tried to work out details throughout the day. Senate President Pro Tempore David Long said he hopes to have clarifying language hashed out by the end of the day.

Pence said he wants legislation on his desk by the end of the week.

"After much reflection and in consultation with leadership in the General Assembly, I've come to the conclusion that it would be helpful to move legislation this week that makes it clear that this law does not give businesses a right to deny services to anyone," he told local and national media during an 11 a.m. news conference.

But Pence said he opposes the fix that many critics of the law have demanded: A statewide ban on discrimination based on sexual orientation.

"I've never supported that," Pence said. "It's not on my agenda. But I think it's a completely separate question. I mean, we are talking about the religious freedom restoration act, which is about restoring the highest level of scrutiny in our state courts in matters of government action that intrude upon the religious liberty of Hoosiers. That's where I want to stay focused."

The tightrope Pence is walking on the issue has left supporters and opponents of the law in a state of suspense.

Social conservatives who believe the law could be used to protect Christian business owners who deny services for same-sex weddings fear a legislative fix could water down what they see as an important religious protection. Meanwhile, opponents who see the law as a license to discriminate — including prominent Indiana companies that generally support Republican candidates -- worry that lawmakers won't go far enough to repair the state's damaged reputation.

Pence's comments Tuesday appeared to do little to ease those concerns.

"After listening for 45 minutes, I'm still not sure what he's proposing or why he won't embrace the statewide nondiscrimination language we've put forward," said Jennifer Wagner, a spokeswoman for Freedom Indiana, a coalition opposing the law.

Indiana Chamber of Commerce President and CEO Kevin Brinegar said, "We feel it's premature to make any judgement without full details. We have provided input into the process but will need to see the actual final language before we can make a determination. Anything else would be speculation at this point."

Angie's List CEO Bill Oesterle said he was encouraged by some of the governor's comments. "If he immediately enacts new legislation that makes it clear that neither the (religious freedom law) nor any other Indiana law can be used to justify discrimination based upon sexual orientation or gender identity, he can fix this mess."

Pence acknowledged "we've got a perception problem" that needs to be fixed. "The things that have been said about our state have been at times deeply offensive to me," he said.

But he continued to blame the media for misconceptions and defended the law, insisting that it "does not give anyone a license to deny services to gay and lesbian couples."

He accused the press of "very sloppy reporting" and called news coverage a "smear that has been leveled against this law and Indiana."

Even as Pence argued that the bill would not allow discrimination, Eric Miller, founder of socially conservative advocacy group Advance America, continued to distribute emails to churches and other supporters urging them to support the law because "Christian bakers, florists and photographers should not be forced by the government t to participate in a homosexual wedding."

That's a claim that several such groups, including the American Family Association of Indiana, have used since January to rally support for the law. Both Miller and AFA's executive director Micah Clark were among the guests invited to the governor's private bill signing ceremony last Thursday.

When asked about Miller's email, Pence did not directly address it. "This law does not give anyone license to discriminate," he said.

The AFA's Clark sent out an email to supporters after Pence's news conference asking if religious liberty is now in danger in the legislature. He called the issue "a spiritual war."

"If you have deep faith in Republican leaders to stand up to the liberal agenda and media intimidation, then I am overreacting," he wrote. "If you feel as though our religious liberties could be traded off for Indianapolis sporting event tax revenues, then welcome to my world."

He cited various rumors about possible changes to the law. "I have also heard that this could be a capitulation that enshrines homosexual behavior as a special right in Indiana," he wrote.

Legislative leaders, however, have said repeal is not on the table.

The issue has left two of the GOP's traditional bases of support — social conservatives and business interests — at odds, causing Pence and Republican lawmakers to face one of the biggest challenges of their political lives.

They've been backed into a corner by an unprecedented barrage of criticism from top business executives, celebrities and civil rights groups who fear the law would allow discrimination against gays and lesbians. Conventions have canceled or threatened to move events that bring millions of dollars into the state. Prominent Indiana business executives have opposed the law, with some companies halting expansion plans and others canceling 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.

The news conference comes after a weekend appearance on ABC's "This Week," where Pence repeatedly evaded yes-or-no questions about whether the law would allow discrimination against gays and lesbians.

"Look, I could have handled that better this weekend," he said at Tuesday's news conference.

When asked Tuesday whether Christian businesses should be compelled to supply services to gay and lesbian weddings, Pence answered: "I don't support discrimination against anyone."

He later added, "No one should be harassed or mistreated because of who they are, who they love or what they believe."

He said he has been working around the clock, talking to people around the state and nation, and "we've been listening."

Democrats, however, said Tuesday that nothing short of repeal or anti-discrimination protections for gays and lesbians would solve the state's image crisis.

"You cannot repair a hemorrhage with a band aid," said Senate Minority Leader Tim Lanane.

Under Senate Enrolled Act 101, the state and local governments are prohibited from substantially burdening a person's ability to exercise his or her religion — unless the government can show that it has a compelling interest and that the action is the least restrictive means of achieving it.

The bill, which goes into effect July 1, does not mention sexual orientation, but opponents fear it could allow business owners to deny services to gays and lesbians for religious reasons.

Supporters have said the law is necessary to protect religious freedoms from government intrusion.

Star reporter Tom LoBianco contributed to this story.