Passage of a hate crimes law in Indiana next year again is likely to hinge on a debate over whether protections should be extended to the transgender community.

Some business and tourism leaders are making it clear they want hate crimes language that provides protections for gender identity, and they’re willing to push hard for it. Already the Indy Chamber, Visit Indy, Eli Lilly, the Pacers and other groups and businesses have signed letters emphasizing their support.

But House Speaker Brian Bosma has expressly said gender identity should not be included among the protected classes if advocates for a hate crimes law hope to be successful, after years of failing to get any such language on the books.

Otherwise, Bosma argues, social conservatives at the Statehouse won’t negotiate or vote for the measure.

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Business leaders likely won’t give up that easily and have frequently been the catalyst for change at the Statehouse. Following the passage of the controversial Religious Freedom Restoration Act, business and tourism leaders were the ones who led the charge that pressured lawmakers to "fix" the legislation to eliminate any chance the measure would undo local ordinances providing LGBT protections and to blunt national criticism that the state was unwelcoming to the LGBT community.

Gov. Eric Holcomb, too, has said he wants the state’s hate crime language to mirror the executive branch’s employment policy, which includes protections for transgender employees.

As a result, the battle could become ugly in the upcoming legislative session that begins Jan. 3, further complicating the rifts already present in the controlling Republican party and potentially drawing national media attention on the state.

At an Indiana Chamber of Commerce luncheon, Bosma warned bias crime law advocates — specifically business leaders present at the event — not to bring "undue attention to our state" over specifics in the hate crime bill.

"The result of this and how the discussion takes place affects every Hoosier and if this is a big knock down, drag out, RFRA-esque discussion, it is not going to help anyone, and everybody is going to go to their corner and stand firm," Bosma said.

His main point: take what you can get.

Why lawmakers have been unable to come to an agreement

For years advocates of hate crime legislation have optimistically championed such bills in the Indiana Statehouse, only to watch Republicans later quash those efforts behind closed doors without a vote.

Indiana is one of just five states without a hate crimes law.

In 2016, the Senate passed a bias crime bill in the aftermath of RFRA, only to see the bill die after not receiving a hearing in a House committee.

In 2017, Republican Sen. Sue Glick, the author of hate crimes legislation, pulled her bill from consideration on the same day that Indianapolis Jewish Community Center received a bomb threat, after other lawmakers presented amendments that would have essentially gutted the measure.

And in 2018, a hate crimes bill was never voted on in a Senate committee after Holcomb got involved behind the scenes. In caucus meetings, Senate Republicans were considering stripping "gender identity" from the bill. Holcomb told them to leave the language in the bill, or don't pass anything at all.

Lawmakers chose the latter option, despite attention surrounding the issue of hate crimes in the aftermath of the white nationalist rally in Charlottesville that left one woman dead.

Sen. Mike Bohacek, R-Michiana Shores, said he is "cautiously optimistic" about the chances that his bias crime bill — which includes gender identity protections — gets passed this year.

For the first time, Indiana's governor is publicly supporting legislation that would allow judges to impose tougher sentences for crimes motivated by factors such as race, religion, sex, gender identity and sexual orientation.

“The goal for us all, before we adjourn, is to pass a bias crime bill that moves our state off the list of five states without one," Holcomb said in a statement to IndyStar last week. "I’m comfortable with the executive branch employment policy that we’ve had in place since 2005, and I look forward to working with Hoosiers and the legislature as we move to achieve this goal.”

Plus, several new Republican lawmakers are co-authoring or authoring bias crimes legislation.

The November election also ousted one of the most prominent opponents of hate crime legislation, Republican Sen. Mike Delph, and replaced him with state's first openly gay lawmaker, Sen. J.D. Ford.

He's hoping to play a hand in the passage of hate crime legislation through conversations with his colleagues.

"We're everyday Hoosiers just like they are, going to work, paying our taxes," Ford said. "I'm hoping to really play a huge part in this, but I also know it's going to take some heavy lifting, and some difficult conversations."

Sen. Ron Alting, a Lafayette Republican who is co-authoring the bias crime bill with Bohacek, said he thinks his bill — including protections for gender identity — would have enough support to get through the Senate this year, as lawmakers continue to see how prevalent hate crimes are in Indiana.

In 2017, the state recorded 85 bias crimes, the highest number since 2010. And that may not be the complete picture.

Bohacek's and Alting's bill would allow judges to consider whether a crime was motivated by bias when determining sentencing.

While the bill doesn't meet Bosma's parameters, Alting said it's time to give it a chance. The measure would cover crimes based on race, religion, color, sex, gender identity, disability, national origin, ancestry and sexual orientation.

"It's time for legislators to look in the mirror on the issue and think to themselves, 'What do the constituents want?'" Alting said. "I think it's time to think a little bit about the constituents versus your own beliefs in this. You are a public servant. You work for the people... I really can’t think of any reason why we shouldn’t but I think of a lot of reasons we why should."

However, some conservatives disagree with passing hate crimes legislation because they say judges in Indiana can already increase sentences if a crime is based on one's bias.

To Micah Clark, president of the socially conservative American Family Association of Indiana, passing a brand new law with a list of protected groups, no matter how expansive, would be unnecessary in Indiana.

"When you start creating a list, you’re going to leave people off," Clark said. "Right now nobody is missed; everybody is covered by law in practice."

Rep. Curt Nisly, R-Goshen, echoed those sentiments, and would almost certainly vote against any hate crime proposal, regardless of which categories were included.

"It seems that other states should be looking to Indiana and modeling their laws after us," he said.

The debate is in the details

Even if a majority of lawmakers can agree hate crime legislation is needed, it will be challenging to get all legislators on the same page when it comes to language

During the Chamber's luncheon Bosma explained that the easiest path forward would be to adopt the definition of "bias crime" already in the state code. That language includes protections for sexual orientation but doesn't include gender identity.

Senate President Pro Tempore Rod Bray, R-Martinsville, was less clear about what he wants in a bill, saying, "We're going to have to take a deep look at that."

Neither Bohacek nor Alting has any intention of stripping gender identity from the bill. Rep. Tony Cook, R-Cicero, who drafted his own hate crimes legislation as well, doesn't want to remove the protection from his bill either.

"There's going to be probably a little bit of negotiation on some of the groups (included)," Bohacek said.

"Why would you want to not include them?" Alting asked, pointing out that the transgender community is among the most vulnerabled.

Katie Blair, the director of advocacy and public policy for ACLU of Indiana, said if Indiana is serious about "taking a stand against hate," lawmakers shouldn't leave out gender identity.

"The purpose of listing protected classes in civil rights and hate crimes laws is to ensure that those who are targeted by discrimination and are most vulnerable, are protected," Blair said. "Transgender people are disproportionately targeted with violence because of who they are."

There's also the risk that Holcomb won't support a bill that doesn't include gender identity.

There is debate over whether or not to include other provisions in the bill, such as giving judges more ability to increase sentencing if a crime is based on political affiliation, association with a recognizable group or status as a police officer. Typically Republicans want the additional protections, and Bohacek's bill contains all three.

While social conservatives will likely favor the addition, advocates of a more traditional hate crimes statute saw the addition of too many groups as a watering down of meaningful legislation.

Cook's bill for example doesn't tack on protections for political affiliation.

It's just one more area that could lead to the failure of hate crimes legislation yet another year.

"I know it's going to be a battle but in the end it’s a battle worth fighting and I’m committed to it tooth and nail," Cook said.

Going for the 'whole enchilada'

A debate over bias crimes legislation could further highlight fractures in the state GOP.

Republicans hold a supermajority in both legislative chambers and control all statewide elected offices, and in recent years social issues have created a massive rift in the party. This summer, the tension between the two factions was highlighted as those close to the governor advocated to remove language emphasizing hetrosexual relationships out of the GOP's platform.

Later, tensions heightened ever more as Holcomb called for the resignation of Attorney General Curtis Hill amid allegations that Hill inappropriately touched four women at a post-legislative party. Hill has denied any wrongdoing.

Before the allegations, Hill was seen as a champion for social conservatives, and has presented his own hate crime legislation — hailed by Clark and others — based on whether a person intimidated or terrorized another person

Bosma's proposal would take the current definition of bias crimes listed elsewhere in Indiana code, and specify that judges can consider bias crimes against those groups as an aggravating circumstance in sentencing. Gender identity isn't included in current code.

Bosma said gender identity could be added in future years and warned those who want to "go for the whole enchilada" that their push could leave the state's reputation damaged and Hoosiers without any hate crime law.

But Bosma's proposal isn't good enough for LGBTQ advocates or Republicans focused on the wishes of the business community.

"We’re literally writing discrimination into law at that point," said Chris Paulsen, CEO of Indiana Youth Group, a not-for-profit corporation focused on providing education and wellness services to LGBTQ youth. "I also think the corporations that are headquartered here will push back... I don’t think it will just be the LGBTQ community pushing back."

Michael O'Connor, the senior director of state government affairs at Eli Lilly, said the company needs hate crime legislation in order to attract talent to Indiana and stand by the company's values.

"Our first core principle is respect for people, and our CEO has said if everyone is not protected, no one is protected," O'Connor said. "I think you see in today’s discussion in all of this (that) we’re not going to get broad recognition that is significant unless it includes everybody, including gender identity."

Would the business community push back as hard as it did during RFRA? That remains to be seen. As does whether the legislation will get to that point. During RFRA, the business community only made a large public push after then-Gov. Mike Pence signed the bill.

Andy Downs, political science professor at Purdue University Fort Wayne, said there's potential for the debate to garner attention much like RFRA did, if business groups partner with others to make noise.

"A lot of economic development folks are focusing on quality of life issues," Downs said. "I would argue that the Indiana Chamber of Commerce and a number of other business entities have moved from simple procedural issues — from streamlining processes and lowering taxes — and into broader quality of life issues."

Call IndyStar Statehouse reporter Kaitlin Lange at 317-432-9270. Follow her on Twitter: @kaitlin_lange.