Indiana’s Republican-controlled legislature will amend its brand-new anti-LGBT “religious freedom” law to “clarify its intent.” The intent, of course, was to legalize discrimination against LGBT people by religious bigots. That didn’t play well locally, nationally, or internationally, and Indiana’s governor is done defending the law. (Mike Pence’s White House ambitions? Also done.) The Indianapolis Star, which issued a dramatic, front-page demand that the legislature “FIX THIS NOW” earlier this week, reports on the “fix” today…
Senate President Pro Tem David Long, R-Fort Wayne, and House Speaker Brian Bosma, R-Indianapolis said at a press conference at the Statehouse that leaders will present the proposal to lawmakers at 9:30 a.m. after speaking with corporate and civic leadership this week. “Hoosier hospitality had to be restored,” Bosma said…. The leaders referenced the intense backlash that rained down on Indiana after Gov. Mike Pence signed the bill last week. “It was never intended to discriminate against anyone,” Long said. “That perception led to the national protests we’ve seen.” Former Indianapolis mayor and Democrat Bart Peterson said the words “gender identity” and “sexual orientation” will appear in state law in context of anti-discrimination for first time. “The healing needs to begin right now,” said Peterson, an Eli Lilly and Co. executive.
It was never the intent to discriminate against anyone? Bullshit. Bullshit. Bullshit.
While the proposed fix will result in the words “gender identity” and “sexual orientation” appearing in Indiana law for the first time—and while that’s a hilarious bit of poetic justice (and while the haters are hating it and that’s always nice)—the proposed “fix” doesn’t actually fix the problem. It was legal to discriminate against LGBT people in housing, employment, and public accommodation before Mike Pence signed SB 101 into law—which he did surrounded by antigay bigots—and it will remain legal to discriminate against LGBT people in almost all of Indiana after SB 101 is amended.
LGBT people in Indiana gain no new rights from the fix: In the wake of the backlash against the original Indiana RFRA law, many LGBT rights groups hoped that the state would enact anti-discrimination provisions protecting gay and trans people in Indiana at the state level. The fix includes none of these protections. What that means is that LGBT people who live in cities like Indianapolis will regain the rights they already enjoyed before the state RFRA law took effect, but LGBT people who were unprotected before this law will remain unprotected.
This bill reduces the threat but is far less than this situation requires. It recognizes there are problems, but does not fix it as LGBT Hoosiers and others urgently need. Now that there’s broad public understanding that gay and transgender people in much of Indiana are terribly vulnerable to arbitrary discrimination by businesses, refusal of housing, and being fired just for being who they are—and even Gov. Pence has agreed that that is wrong—that unacceptable situation requires a full solution.
Frank Rich zooms out:
At least 20 anti-LGBT laws have been proposed in Texas this year alone, according to the Texas Observer. Hutchinson’s reversal is one small attempt to quell these flames before they do more damage to his state and his party. But much damage has already been done. Not a single Republican presidential contender came down against the Indiana law, and most have been vocal in their support of it and the Indiana governor, Mike Pence. That unanimity cannot now be written out of the record as the GOP faces 2016. For most younger voters—who tend to stay home during midterm elections but turn out in presidential years—equal rights for gay Americans has long been a settled issue. Most won’t give a political party’s candidates a serious look if the party endorses bigotry.
Remember how Jeb Bush was supposed to strike “a more welcoming tone” on LGBT civil equality? Ha-ha-ha. But Jeb, like Pence, is now furiously backpedaling.
UPDATE: The haters hate the fix so much that they’re demanding a veto:
Shocking! @FRCdc urges Pence to veto the #RFRA fix. Another endorsement of anti-LGBT discrimination – http://t.co/r66LdFUPMG
— Zack Ford (@ZackFord) April 2, 2015
Again: The fix isn’t a fix for LGBT people in Indiana who don’t live in cities with anti-discrimination laws that cover LGBT people, aka “most LGBT people in Indiana.” But it’s nevertheless wonderful watching the push for the RFRA explode in the faces of evil little shits like Tony Perkins.
UPDATE: And… Angie’s List isn’t having it. Indiana’s RFRA stunt drew attention to how shitty the status quo was before it passed and now some people aren’t going to be happy about a return to the pre–SB 101 status quo. Congrats, haters!
