by John M. Curtis
(310) 204-8700

Copyright March 31, 2015
All Rights Reserved.

                 Indiana’s Religious Freedom Restoration Act, signed into law by 56-year-old Gov. Mike Spence March 26, has given fits to Reince Priebus and the Republican National Committee, finding itself buried in bad publicity.  Whatever the intent of the legislation, it’s an attempt by the religious conservatives in the GOP-controlled Indiana Assembly to slap Washington for advancing same-sex marriage around the country.  Unlike states like Indiana, the federal courts have settled long ago that sexual orientation is a civil right, protected under the First and Fourteenth Amendments related to free speech and due process.  Spence thought he was a hero last week putting his middle finger up against what he and Indiana’s religious conservatives see a “federal overreach.”  States like Indiana haven’t caught up with established federal law that equates sexual orientation with civil rights.

             Same-sex marriage is not about infringing on Churches or individuals’ religious freedom, it’s about upholding federal civil rights’ laws that now includes sexual orientation the same as race, religion or creed.  Promising to work around the clock to “fix” SB101, Pence doesn’t see the damage the narrow-minded bill does to Indiana’s business community but, more importantly, to the federal government’s enforcement of civil rights laws.  Speaking to ABC’s “This Week” with George Stapahnopoulos March 29, Spence wouldn’t answer whether AB101 gave Indiana’s businesses the right to refuse service to gay people.  Now Spence wants to backpedal, refusing to acknowledge that SB101 has caused potentially irreparable damage to the GOP heading into the 2016 presidential election cycle.  Shining a national spotlight on Indiana was the last thing the RNC wanted.

             Backpedaling now, Pence still doesn’t admit the colossal blunder enacting any legislation that gave the GOP a big black eye.  Whatever Pence’s narrow religious conservative constituency, SB101 is a disaster on the national stage.  Spence admitted he “can appreciate that that’s become the perception, no just her in Indiana but across the country.  We need to confront that,” referring to fixing the law, as opposed to repealing it entirely.  Whatever the fallout to Indiana’s business community, it pales in comparison to damage to the Republican Party.  While it’s one thing to see religious conservatives asserting themselves in the Indiana legislature, it’s another to see how it plays on the national stage.  Indiana put all future GOP candidates in the hot seat trying to explain Indiana’s actions.  Whether it’s Constitutional or not, it’s more than, as Pence calls it, a “perception” of discrimination.

             Pence and other religious conservatives may not know the meaning of discrimination or unequal treatment.  When it comes to the public square, not inside the Church, merchants aren’t at liberty to turn away customers because of their beliefs or values, regardless of how virtuous.  Whether or not the Bible speaks about homosexuality or any other sin, Indiana must subscribe to the Constitution that offers gays and lesbians equal protection.  Faced with the same kind of legislation as Indiana, Arkansas Gov. Asa Hutchinson has some real soul searching before making the same mistake.  “There’s not really any place to make any changes now,” said Arkansas Rep. Bob Ballinger, regarding his Religious Freedom bill sitting on the governor’s desk.  Arkansas law includes as caveat that it’s not enforceable for a “compelling reason.”  How about that it violates the First and Fourteenth amendments?

             When Ballinger’s Religious Freedom law crosses Asa’s desk next Tuesday, it won’t need a psychic to figure out the outcome.  “But I am pleased that the legislature is continuing to look at ways to assure balance and fairness in the legislation,” said Hutchinson Monday.  Now in a real bind, Hutchinson knows if he signs it, he faces the same tidal wave of protests as Indiana.  “I believe that many people will want to flee the state, and many people will want to avoid our state,” said Rita Jemigen, a lead plaintiff in Arkansas same-sex marriage ban.  States plentiful with religious conservative are so out-of-touch removed from the mainstream that they often act without regard to the GOP’s national agenda.  Instead of marching and protesting for religious freedom, GOP-controlled legislatures carry the anti-gay banner too far, offending too many groups and national businesses.

             With objections to Indiana’s Religious Freedom bill pouring in from corporations around the country, including Apple, Wal-Mart and the National Collegiate Athletic Association, Indiana and Arkansas risk real damage to state economies. Hosting the NCAA Final Four in Indianapolis Saturday, Spence risks more massive protests at college sport’s most coveted spectacle.  NCAA President Mark Emmert warned Indiana officials that they would re-evaluate any continued relationship to host the Final Four again unless Pence does something dramatic.  USC Athletic Director Pat Haden, who has a gay son, signaled he will boycott the College Football Playoff Committee meetings in Indianapolis this weekend.  Before religious conservative hurt Indiana’s economy and upend the GOP in 2016, the RNC must take inventory or face the consequences in the next presidential election.

About The Author