Representative Ober:
Senator Banks:
Governor Pence:
The “Religious Freedom Restoration Act” that you have supported has brought nothing but derision to our state. You say that the legislation was not intended to discriminate against anyone - yet many legal scholars have observed that the legislation will almost certainly have that effect nonetheless. Yes, it is true that the RFRA does not change the fact that, in much of our state, it is already legal to discriminate against LGBT individuals for any reasons, let alone religious ones.
If the intent of the RFRA was indeed not to discriminate but to protect religious Hoosiers from possible governmental overreach, then why has Indiana’s version of this law removed the provision requiring the government or a government entity to be a party in a lawsuit? Governor Pence went on national media to assert that Indiana’s RFRA is no different than the RFRAs passed in many other states - yet this is a key difference, where Indiana allows private citizens to bring suit against one another under the RFRA’s “religious beliefs” defense. Furthermore, Indiana’s RFRA allows businesses to raise this defense due to its expansive definition of what constitutes a “person.”
As someone who was born in Indiana and has lived here all his life, I am ashamed of our state. I am ashamed that this RFRA was passed by both houses of our state legislature. I am ashamed that our governor signed it into law. I am ashamed that our elected representatives are defending it, and often doing so in misleading ways.
I am writing this letter to call on you to reverse this decision before it causes even more harm to our state. As of today, many businesses are scaling back expansion plans in Indiana; conventions and sports organizations are rethinking future events in our state; cities and states across our nation are banning government-funded travel to our state; and we have become both a national and international source of ridicule.
Repeal the Religious Freedom Restoration Act. It will be a first step towards healing the wounds that you have inflicted on our state. But it will not be enough. I also urge you to draft, pass, and approve legislation that will ensure that both sexual orientation and gender identity are protected classes under Indiana state law, just as sex, religious affiliation, and race currently are. If you truly believe Indiana is a welcoming and inclusive state, then such an action will tell the entire world that Indiana stands for the equality of all our residents.