Tuesday, February 03, 2015

Legislation Would Allow Some Government Contractors To Discriminate In Employment Based On Religion

State Sen. Travis Holdman (R-Markle) is back this year with the same legislation authored by former State Rep. Eric Turner (R-Cicero) last year unsuccessfully that would allow some religious organizations that contract to provide state and local services to discriminate in hiring. Specifically, SB 127 applies to contracts entered into after July 1, 2015 with a religious corporation, an association, an educational institution or a society by the state or local governments and provides that such entities are permitted to provide a preference in hiring decisions based on a person's religion or requiring their employees from complying with the tenets of their religion as a condition of employment.

Arguably, the Indiana Supreme Court opened the door to this kind of legislation when it upheld the constitutionality of Indiana's Choice Scholarship program, which allows state vouchers to be given to parents to send their children to private religious schools. The Supreme Court held that the use of public funds to support religious schools did not violate the state's constitutional prohibition on public moneys being drawn from the state treasury to support religious organizations because the legislation created the fiction of the payments being made to the parents and not the religious organizations. A federal trial in Fort Wayne recently found that a Catholic school that participates in the state's Choice Scholarship program discriminated against a teacher it fired because she used in vitro fertilization to become pregnant in violation of the tenets of the Catholic Church. 

Sen. Holdman claims he is offering the legislation on behalf of Indiana Wesleyan University, the same entity that Rep. Turner claimed to be offering the legislation last year, to help it become eligible to receive state workforce training grants according to the Indianapolis Star. Indiana senators rejected an amendment offered by Sen. Tim Lanane (D-Anderson) to SB 127 that would prohibit discrimination on the basis of a person's sexual orientation by a vote of 36-6. Lanane questioned whether Holdman's legislation would permit employers to question their employees about private matters such as birth control. SB 127 is one of several bills being pursued this year under the guise of religious liberty. 

5 comments:

LamLawIndy said...

From a libertarian perspective, non-govt entities SHOULD be able to discriminate on whatever reasons they wish as long as the acts don't harm the object of discrimination's physical prrson or property. It can be rude & possibly bad business, but -- just like speech I disagree with -- I do not believe govt should interfere in the actions of private entities.

Anonymous said...

Indiana Wesleyan does not own their program. It is leased from the University of Phoenix. And many are sure that their lobbying arm with Phoenix will not allow this racism.

Sir Hailstone said...

Correction Gary - Tim Lanane is a Democrat from Anderson.

Anonymous said...

For the last decade or so the powers that be in Indiana regardless of which party they are members of. Have been working to take by force that which they are incapable due to their inability and incompetence to obtain on their own. They are men and women who are not bright enough to shine their neighbors shoes. But who demand the salaries of company presidents. They are the parasites who control both parties in Indiana. The reason why those of us who have been harassed is because we believe in objective law and in the inalienable rights of men. We believe that human beings who choose to think. Must think and act on their own. That thinking men and women must live by the judgement of their own minds and reason. Our minds are a product of our individuality. Their can no more be a "collective brain" anymore than their can be a "collective stomach". Just as we all digest food as an individual. So to the extent to which we think we must do on or own. The reasoning mind does not allow itself to be dictated to by the whims, opinions, or needs of others. The people of reason reach their conclusions by the use of their own judgement. I do not recognize the right of a person or even the whole of mankind minus myself to the right to even one minute of my time or to a claim on my life. No matter who makes the claim. If the public good as our politicians keep telling us requires us human beings to live as aimless, mindless robots. People who have no pride of being and are entitled to nothing for our labors. Than the hell with public good we shall have no part of it! To those to whom this call to arms is addressed have been attacked and tried to be made examples of merely for insisting that the laws be enforced equally to all. I say that an attack or denial of the rights of one man or woman is an attack on the rights of all. So in that manner we have suffered. All to often we the people of this state and of this nation have allowed our elected and unelected leaders to take more and more power over our lives. In the name of "fixing" our economic and social problems. You have sacarificed more and more of your freedom and as a consequence you are all poorer and less free than you were before. I want to let you all know also our struggles have not be for nothing. We each know the joy all of us and the freedom of thinking and acting for ourselves. None of us follows blindly the opinions or orders of others. I hereby throw down a gauntlet to whatever remnant of humanity and individuality remains in our fellow hoosiers. The challenge is this: "In whatever way you can may it be large or small, whether it be exposing and fighting corruption at any level, or whether it be merely making an honest living and showing respect to your fellow human beings. Don't let the Holy Fire of Liberty go out spark by ever diminishing spark. By the way you live be the embodiment of reason, compassion, and individualism. Do not live as a parasite or a blind submissive. But as a great woman said : "Remember we the people are Dominant!" "So with that take out the whips of your individuality! Smackdown The Powers That Be!"

Gary R. Welsh said...

Thanks for the correction, Sir Hailstone.