I'm sure all of you (at least all of you who read my blog) know by now that Indiana has passed...and the Gov. Pence has signed into law...the right to discriminate on religious grounds. It's called the Religious Freedom Restoration Act. And while it doesn't specifically say "it's ok to not serve queers," it didn't take long for those who intend to use the law precisely as grounds to discriminate to start speaking out, as illustrated by the restaurant-owning caller to an Indiana radio show who was joyous in his new ability to post a sign saying, "Jesus says no gays allowed." It is obvious from this example that some portion of Indiana's bigots now feel free to act on the nastiness that lives inside their heads, and intend to use the law specifically to discriminate against members of the LGBT community.
But wait, you say - there is a federal RFRA, and there are 30 states that have similar laws on the books. Yep, that's true. The federal law was designed to protect religious minorities. And in fact, in many cases the law has been used to protect those rights (in Minnesota it was invoked to allow the Amish community relief from having to adhere to automobile lighting on their buggies, and instead be able to use reflecting tape and kerosene lanterns).
So why single out Indiana?
- First of all, the sponsors of this law have indicated, and in at least one case explicitly stated, that they want to use the law to discriminate against the LGBT community. According to USA Today, "One of the law's primary sponsors, Republican state Sen. Scott Schneider, has touted the notion — which will be an issue for the court to settle — that Indiana's RFRA could exempt Christian businesses from having to provide wedding services to gay couples."
- Second, in the face of massive outcry from individuals, businesses and non-profit organizations prior to the law's passage, stating explicitly that the law is viewed as anti-LGBT and that implementation would occasion significant backlash, the nice folks in the Indiana legislature, and Pence, the sterling occupant of the Gov's office decided to pass it anyway. Now just to put that in context, last year when the state legihaters in Arizona passed a similar law, then Gov. Jan Brewer, who really can't be considered your basic liberal gay-friendly rational pol, vetoed the law because, as she said, "It could divide Arizona in ways we cannot even imagine, and no one would ever want." I was amazed at the time, but even Jan, who has rarely let anything stand in the way of making a right turn on the political highway, realized that the state economy couldn't withstand what was bound to be a firestorm of backlash.
- Third, the language in Indiana's law is different, and it allows for discriminatory behavior. Unlike the federal version, it is written to apply not just to individuals, but also to closely-held corporations (think Hobby Lobby). In addition (this is my simplistic, non-legal understanding) the language allows it to be used as a defense in discrimination suits between private entities rather than only disputes between an individual and the government (the original intent of the original federal law). So what does that matter? It means that in the few Indiana locales that actually have anti-discrimination laws on the books (which the state does not), the law can now be used as a defense for anybody (or anycorp) sued under those existing anti-discrimination statutes for discriminatory behavior.
No longer is formalized gay-hating a fringe issue, protested with hand-written signs only by those of us who are impacted. Real economics are being used to hit the haters where it hurts most - in the wallet. Salesforce.com cancelled all employee travel to the state. Angie's List, which is headquartered in Indianapolis, put on hold a $40 million and 1,000 employee expansion after Pence signed the slime into law. Apple CEO Tim Cook wrote a blistering editorial in the Washington Post. Even other governments are getting into the act. The governors of Connecticut and Washington, and the Seattle mayor have banned official travel to Indiana. 9 CEOs of major Indiana corporations (including corp giants Eli Lilly and Anthem) have sent a letter to Gov Pence stating that the law needs immediate changes. The NCAA really wishes the final four was being played elsewhere (NCAA President Emmert: "We are especially concerned about how this legislation could affect our student-athletes and employees"). Even religious organizations are backing away, for goodness sake - The Christian Church (Disciples of Christ) is looking at moving the convention it has scheduled for 2017 in Indianapolis!
And so "Vote With Your Wallet" takes on a whole new meaning when that wallet belongs to billion dollar corporations, national non-profit organizations, and state and municipal governments.
Big wallets make big impacts. But so do small ones. So do your part.
Vote with your wallet!
