Indiana “Religious Freedom” Law Criticized As Anti-LGBT

Indiana's new Religious Freedom Restoration Act could open
the door to legalized discrimination.
Image:  Shutterstock

Indiana Governor Mike Pence signed into law today a bill preventing state and local governments from imposing a “substantial burden” on a person or business’s exercise of religion.  In practice, this could mean that business owners could refuse to serve LGBT customers, leading gay rights groups to describe the law as a “license to discriminate.”

The Religious Freedom Restoration Act mirrors a federal law enacted in 1993, and similar laws are currently on the books in 19 states.

In addition, the law is similar to a bill that did not pass last year in Arizona.  The governor of Arizona at that time, Jan Brewer, vetoed the legislation after being pressured by businesses, other Republican lawmakers, and the National Football League.

However, Pence praised the law in Indiana, saying that it will “ensure that Indiana will continue to be a place where we respect freedom of religion.”

The media backlash was almost instantaneous.  The NCAA, which is based in Indianapolis, released a statement expressing their concern about how the legislation will affect student athletes and employees.  They also suggested that they may reconsider hosting the Final Four tournament in Indianapolis in the future.  Such a move would be a huge hit to the city’s businesses, which typically do very well serving fans during the tournament.

Earlier this month, in an op-ed for the Washington Examiner, Republican Senator James Lankford and Representative Randy Forbes alluded to the Indiana ruling by comparing Mexican chain Chipotle’s ability to remove carnitas from its menu when suppliers don’t meet animal welfare standards to a business’s right to determine its customers based on owners’ religious beliefs.  "It is crucial that the same freedom of conscience enjoyed by the leadership of Chipotle remain equally available to business owners of faith," Lankford and Forbes wrote.

Chipotle didn’t appreciate the supposed connection, however, telling The Huffington Post, "It’s a pretty ridiculous comparison. Our decision not to serve pork that doesn’t meet our standards isn’t discriminating against any customers."

Laws similar to Indiana’s Religious Freedom Restoration Act are currently being considered in several other states.