Indiana House panel OKs religious freedom bill

An Indiana House committee today approved controversial religious freedom legislation that could protect business owners who don't want to provide services for same-sex weddings.

Despite better organized opposition to the measure, the House Judiciary Committee voted 9-4 to send the measure to the full House for consideration.

Supporters say Senate Bill 101 would add legal protections for people with strong religious beliefs, including business owners who don't want to provide services for same-sex wedding ceremonies.

"We need to be protected from the government interfering in our religious exercise," Rep. Tim Wesco, R-Osceola, the bill's sponsor, said.

But opponents say the measure would license discrimination against gays and lesbians.

"Discrimination should not be practiced under the disguise of religious liberty," said the Rev. Dan Gangler, a spokesman for the Indiana Conference of the United Methodist Church.

The vote followed four hours of testimony, which included dueling speeches from law professors and conflicting testimony from religious leaders on both sides of the issue.

Tim Overton, a Southern Baptist pastor from Muncie, said the law is needed to protect people who strictly interpret the Bible.

"People that have my approach toward scripture are much more worried about government because we can't bend our religious beliefs," he said.

Daniel Conkle, a law professor at Indiana University's Maurer School of Law, said the measure would provide judges with clearer guidance in resolving disputes over religious freedom.

He said concerns about discrimination were overblown based on the experiences of 19 other states with similar laws, though he conceded it is possible that a judge could rule in favor of a business owner who denies wedding services to a gay couple.

Robert Katz, a law professor at Indiana University's Robert H. McKinney School of Law, said the bill has a lethal flaw because it could undermine local ordinances in Indianapolis and several other Indiana cities that prohibit discrimination based on sexual orientation.

"Why doesn't this bill itself provide an exemption for anti-discrimination laws?" he said. "It's the absence that itself sends a message."

Several large Indiana employers — including engine maker Cummins and healthcare provider Eskenazi Health — voiced concerns about the measure's impact on their businesses.

Jessica Barth, Eskenazi's vice president of legal affairs and chief counsel, said the hospital fears employees might think they don't have to provide care to a patient if they feel it violates their religious views.

"It puts our organization in an untenable position," she said. "It could harm our ability to provide the best care to all our patients."

But the concerns of some business groups were eased after the committee adopted an amendment backed by the Indiana Chamber of Commerce that exempts employers from any lawsuits brought by employees under the legislation.

The battle over the bill is increasingly mirroring last year's fight over a proposal that would have banned same-sex marriage in Indiana's constitution.

Until Monday's hearing, opponents of the religious freedom bill lacked a significant presence at the Statehouse. But after the measure cleared the Senate last month, many who opposed the same-sex marriage ban last year re-united to oppose this year's religious freedom legislation.

Freedom Indiana, the coalition that successfully stalled the marriage amendment last year, rallied against the religious freedom bill, packing the House gallery with opponents wearing red T-shirts.

From the fourth floor of the Statehouse, they chanted: "Reject RFRA! Reject RFRA!"

RFRA is an acronym for Religious Freedom Restoration Act, the federal law on which the proposed legislation is modeled.

"We pray love wins out today," said Whittney Murphy, a seminarian at Christian Theological Seminary in Indianapolis.

Conservative advocacy groups led by the Indiana Family Institute also rallied downstairs in the Statehouse atrium. They wore green shirts.

"Liberty is not for government to give or take," said Indiana Right to Life president Mike Fichter, "but to safeguard."

The measure now moves to the House floor, where lawmakers will have an opportunity to propose and debate amendments. That could happen as early as this week.

Call Star reporter Tony Cook at (317) 444-6081. Follow him on Twitter @indystartony.

What does Senate Bill 101 actually say?

Senate Bill 101 would prohibit state or local governments from substantially burdening a person's ability to exercise their religion — unless the government can show that it has a compelling interest and that the action is the least-restrictive means of achieving that interest.

For more background, check out the actual bill or read letters from legal experts who support or oppose the legislation.