Religious liberty bills get hearing in Indiana Senate

INDIANAPOLIS — Supporters and opponents of controversial religious freedom legislation squared off for the first time during a lengthy Senate committee hearing Monday.

The legislation would prohibit the government from substantially burdening an individual's exercise of religion unless the government can prove it has a compelling interest in doing so.

During a nearly five-hour hearing before the Senate Judiciary Committee, supporters testified that such a law is needed to protect the rights of people with strong religious beliefs, including business owners who don't want to provide services for gay weddings or abortion providers.

"Religious people are scared," said Tim Overton, a Baptist pastor, citing concerns that he might be required to perform a same-sex marriage.

"I would ask that you protect us from that," he said.

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Critics, however, called the legislation a license to discriminate that will harm Indiana's reputation.

Jane Henegar, executive director of the American Civil Liberties Union of Indiana, said concerns such as Overton's are overblown. Current law already gives pastors discretion regarding the people they choose to marry.

"These bills are a solution in search of a problem," she said.

Recent defeats for gay marriage opponents are the real motivation for the legislation, she said.

"The timing of this legislation suggests that it will be used to discriminate against members of the LGBT community," she said.

Business groups, including the Indiana Chamber of Commerce and engine maker Cummins, also testified against the bills, Senate Bill 101 and Senate Bill 568. They said such a law would complicate the application of workplace rules and send an unwelcoming message that would hurt business recruitment.

"We don't think these bills would weigh in favor of locating here," said Byron Myers, representing the Indiana Chamber.

Sen. Scott Schneider, one of the legislation's authors, said the measures are intended to protect the exercise of religion, not discriminate.

"This legislation acts as a shield, not a sword," he said.

Indiana University law Professor Daniel Conkle, speaking in support of the bills, said discrimination against same-sex couples would be unlikely because the courts typically have held that anti-discrimination laws such as Indianapolis' human rights ordinance serve a compelling government interest.

But in circumstances involving a religious ceremony such as a wedding, a business owner who refuses to provide services for religious reasons might have a valid defense under the law if sued for discrimination.

Committee Chairman Brent Steele declined to hold a vote on the legislation Monday.

"It is a complex issue," he said, "and it is one that I think deserves proper reflection."

The committee's next meeting is Wednesday.

Earlier Monday, Gov. Mike Pence made a surprise appearance at a rally in favor of the controversial legislation.

He thanked a crowd of more than 100 supporters "for taking a stand to protect religious freedom in Indiana."