Hoosier Lawmakers Clarify Indiana's RFRA,

            Indianapolis—Indiana lawmakers responded April 2 to a national firestorm over misperceptions of the Indiana Religious Freedom Restoration Act, which Gov. Mike Pence had signed into law on March 26. The legislature approved language clarifying the intent of the RFRA, and Pence signed the new version on April 2. However, the “fix” raises questions about religious freedom for citizens and religious institutions.

            “The Church supports the efforts to address and correct the mischaracterization of (the original RFRA) as a bill that promotes discrimination,” said Glenn Tebbe, executive director of the Indiana Catholic Conference. “Dialogue to help all understand that the bill establishes a legal standard for judicial review of disputes is important.

            “Defending the dignity of all people means both upholding religious freedom and opposing unjust discrimination,” Tebbe added. “At the same time, people of faith should not be coerced to violate their conscience in their daily lives. The ICC continues to support (the RFRA), and believes it strikes the proper balance that has worked well for more than 20 years in the federal RFRA. While well-intentioned, the changes may undermine religious freedom.”

            Tebbe said the new language raises questions like: What’s the definition or limitation of a "religious function?" Are professionals like physicians included? Does the definition of a "non-profit religious organization" include hospitals? How will Catholic colleges and universities be classified, and how will independent schools not connected to a parish be defined?

            In the days following the late-March enactment of the original RFRA, many spoke out against the new law, which will now take effect July 1 in its revised form. The bill prohibited state or local governments from substantially burdening a person’s ability to exercise their religion – unless the government could show that it has a compelling interest and that the action is the least-restrictive means of achieving it.

            The primary concerns with the RFRA as enacted on March 26 centered on the potential for discrimination based on sexual orientation – a class currently not protected in Indiana by state-level civil-rights legislation.

            In response to an outcry that grew to a national crescendo, Indiana’s five bishops issued a statement on April 1 that called for “all people of good will to show mutual respect for one another so that the necessary dialogue and discernment can take place to ensure that no one in Indiana will face discrimination whether it is for their sexual orientation or for living their religious beliefs.”           

            Following days of intense negotiation, the Speaker of the House Brian Bosma, R-Indianapolis, and President Pro Tem, David C. Long, R-Fort Wayne, reached an agreement on legislative language to make clear that the intent of Indiana’s RFRA is not to enable discrimination, but rather to require the state to pass a compelling-interest test before it could restrict the free exercise of religion for any Hoosier.

            “Every Hoosier’s rights are protected,” Bosma said at an April 2 press conference announcing the changes. “Gay; straight; black; white; religious; non-religious: We value each and every Hoosier.”

            “Religious rights and individual rights can coexist in harmony together,” Long added, noting that Hoosier hospitality is more than just a saying, “it’s a way of life here.”

             “I believe resolving this controversy and making clear that every person feels welcome and respected in our state is best for Indiana,” Gov. Pence said.           

            In its new form, the RFRA prohibits providers, including businesses or individuals, from refusing to offer or provide services, facilities, goods or public accommodation to any member of the public based on race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity or U.S. military service. It also does not establish a defense to a civil action or criminal prosecution for refusal by a provider to offer or provide services, facility, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity or U.S. military service.

            The revised RFRA also exempts churches and other nonprofit religious organizations, including affiliated schools, from the definition of “provider;” it also exempts a rabbi, priest, preacher, minister, pastor or designee of a church or other nonprofit religious organization or society when the individual(s) are engaged in a religious function of a church.