Indiana Religious Freedom Restoration Act Will Not Be Used As A Tool For Discrimination

On April 2, 2015, the Indiana General Assembly passed, and the Governor signed, an amendment to the controversial new Indiana Religious Freedom Restoration Act ("Indiana RFRA") that explicitly prevents the statute from being used as a tool for discrimination. The Indiana RFRA, as amended, will become effective on July 1, 2015.1

What is the Indiana RFRA and why was it Amended?

Indiana Governor Mike Pence signed the Indiana RFRA on March 26, 2015, with the stated purpose of protecting the rights of Indiana citizens to freely exercise their religion without government interference. However, the breadth of the legislation, coupled with commentary from some of those involved in the legislative process, led to nationwide concern that the statute's actual purpose was to discriminate against the Lesbian, Gay, Bisexual, and Transgender (LGBT) community. In response, numerous Indiana business executives and a wide spectrum of community leaders worked cooperatively with legislators from both political parties to formulate an amendment that would make it clear Indiana welcomes and values everyone.

The amendment to the Indiana RFRA states, in pertinent part:

This chapter 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 on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service; 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 on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service; negate any rights available under the Constitution of the State of Indiana.2 The amendment defines "provider" as "one or more individuals, partnerships, associations, organizations, limited liability companies, corporations, and other organized groups of persons."3

In accord with the religious organization exemptions from federal and state civil right laws, the amendment's definition of "provider" explicitly excludes churches and other non-profit religious organizations or societies (including affiliated schools).4 "Provider" also explicitly excludes "a...