Gov. Pence issues statement regarding clarification bill

Resolving this controversy, making clear that every person feels welcome and respected in our state is best for Indiana.

The freedom of religion for every Hoosier is enshrined in the Constitution of the United States and in the Indiana Constitution, which reads, ‘No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.’ For generations, these protections have served as a bulwark of religious liberty for Hoosiers and remain a foundation of religious liberty in the State of Indiana, and that will not change.

Last week the Indiana General Assembly passed the Religious Freedom Restoration Act raising the judicial standard that would be used when government action intrudes upon the religious liberty of Hoosiers, and I was pleased to sign it.

Over the past week this law has become a subject of great misunderstanding and controversy across our state and nation. However we got here, we are where we are, and it is important that our state take action to address the concerns that have been raised and move forward.

Last weekend I called upon the Indiana General Assembly to clarify that this new judicial standard would not create a license to discriminate or to deny services to any individual as its critics have alleged. I am grateful for the efforts of legislators, business and other community leaders who came together to forge this clarifying language in the law.

Hoosiers deserve to know, that even with this legislation, the Religious Freedom Restoration Act enhances protections for every church, non-profit religious organization or society, religious school, rabbi, priest, preacher, minister or pastor in the review of government action where their religious liberty is infringed. The law also enhances protection in religious liberty cases for groups of individuals and businesses in conscience decisions that do not involve provision of goods and services, employment and housing.

In the midst of this furious debate, I have prayed earnestly for wisdom and compassion, and I have felt the prayers of people across this state and across this nation. For that I will be forever grateful.

There will be some who think this legislation goes too far and some who think it does not go far enough, but as governor I must always put the interest of our state first and ask myself every day, ‘What is best for Indiana?’ I believe resolving this controversy and making clear that every person feels welcome and respected in our state is best for Indiana.

Our state is rightly celebrated for our pro-business environment, and we enjoy an international reputation for the hospitality, generosity, tolerance and kindness of our people. Hoosier hospitality is not a slogan; it is our way of life. Now that this is behind us, let’s move forward together with a renewed commitment to the civility and respect that make this state great.

Clarification Bill:

Antidiscrimination safeguards. Indicates that the law related to adjudicating a claim or defense that a state or local law, ordinance, or other action substantially burdens the exercise of religion of a person: (1) does not authorize a provider to refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public; (2) does not establish a defense to a civil action or criminal prosecution for refusal by a provider to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public; and (3) does not negate any rights available under the Constitution of the State of Indiana.

Defines the term provider. (This conference committee report deletes the provisions concerning elections in SB 50, as amended by the house, and inserts provisions related to the law governing adjudicating a claim or defense that a state or local law, ordinance, or other action substantially burdens the exercise of religion of a person.)

Effective: July 1, 2015.

CC005005/DI51 2015

CONFERENCE COMMITTEE REPORT

MR SPEAKER:

Your Conference Committee appointed to confer with a like committee from the House upon Engrossed House Amendments to Engrossed Senate Bill No. 50 respectfully reports that said two committees have conferred and agreed as follows to wit:

that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

1 Delete the title and insert the following:

2 A BILL FOR AN ACT to amend the Indiana Code concerning

3 judicial and administrative proceedings.

4 Delete everything after the enacting clause and insert the following:

5 SECTION 1.IC34-13-9-0.7IS ADDED TO THE INDIANA CODE

6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

7 1,2015]: Sec. 0.7. This chapter does not:

8 (1) authorize a provider to refuse to offer or provide services,

9 facilities, use of public accommodations, goods, employment,

10 or housing to any member or members of the general public

11 on the basis of race, color, religion, ancestry, age, national

12 origin, disability, sex, sexual orientation, gender identity, or

13 United States military service;

14 (2) establish a defense to a civil action or criminal prosecution

15 for refusal by a provider to offer or provide services, facilities,

16 use of public accommodations, goods, employment, or housing

17 to any member or members of the general public on the basis

18 of race, color, religion, ancestry, age, national origin,

19 disability, sex, sexual orientation, gender identity, or United

20 States military service; or

21 (3) negate any rights available under the Constitution of the

CC005005/DI51

2015

1 2 3 4 5 6 7 8 9 10 11 12

13 14 15 16 17

State of Indiana.

SECTION 2.1C 34-13-9-7.5 IS ADDED TO THE DST

INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,2015]:

See. 7.5. As used in this chapter, “provider” means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, and other organized groups of persons. The term does not include:

(1) A church or other nonprofit religious organization or society, including an affiliated school, that is exempt from federal income taxation under 26 U.S.C. 501 (a), as amended (excluding any activity that generates unrelated business taxable income (as defined in 26 U.S.C. 512, as amended)).

(2) A rabbi, priest, preacher, minister, pastor, or designee of a church or other nonprofit religious organization or society when the individual is engaged in a religious or affiliated educational function of the church or other nonprofit religious organization or society.

(Reference is to ESB 50 as reprinted March 17,2015.)