Thursday, April 02, 2015

Indiana Legislative Leaders Announce RFRA Fix Joined By The Best Self-Dealers Indiana Has To Offer


House Speaker Brian Bosma and Senate President Pro Tem David Long just held a press conference to announce their legislative fix to the recently-enacted RFRA law. Language will be added to the law that RFRA cannot be used as a defense for discrimination against any class of persons, including sexual orientation and gender identity. That's all good. The current RFRA law doesn't allow that, but if explicitly saying that is what it takes to satisfy the sheeple, then so be it.

I'm reaching for the barf bag right now. Long introduced Jim "Rent-A-Civic Leader" Morris after patting on the back Eli Lilly's Mike O'Connor and Hulman & Company's Mark Miles, to speak on behalf of the business community in support of the proposed legislative fix. Morris followed by introducing a bunch of folks like former Mayor Bart Peterson, Ryan Vaughn, Mike Huber and Michael Browning, among others.

Yep. these are the folks who line their pockets all the time through insider deals, prominently including the serial flipping of the Indianapolis Water Company, that screw over the taxpayers every which way they can. Sorry, but I thank these usual suspects for nothing. It is an affront to see people who should be prosecuted for decades of public corruption in this state held up as the saviors of our state. They are the real reason people should want no part of our state. They are the people against whom the Indianapolis Star should be writing front-page editorials. How many billions of our taxpayer dollars will they be allowed to pilfer for themselves before someone does something about it and how many innocent business owners will they be allowed to destroy just for the sport of watching their painful agony?

I'm sure there are members of the gay community who will be infuriated to see the two people representing them at this event are the two people forced aside by younger gay leaders because of their past interference in progress in changing Indiana's law. In their leadership of Indiana Equality, they actually discriminated blatantly in the gay community when it came to inclusion, actually refusing to hold democratic elections of members so they could maintain their self-appointed roles. No progress was made in Indiana until they were forced out of their leadership roles. It's not surprising that they would sign on to an agreement that does not include adding protection in the state's civil rights law to protect persons based on their sexual orientation or gender identity.

UPDATE: Reading between the lines of this press released put out by Freedom Indiana, I take it they weren't included in this negotiations.
"The changes proposed by the Legislature represent a step in the right direction that takes us closer to achieving our goal of passing the Fairness for All Hoosiers Act.

"Today, the harm has been lessened, but we have not reached the day when LGBT Hoosiers can be assured that they can live their lives with freedom from discrimination.

"It’s long past time to enact a comprehensive nondiscrimination law, and we must continue to work to ensure, once and for all, that the RFRA cannot be used to discriminate against or hurt anyone.

"Thousands of Hoosiers and millions of Americans spoke loudly and clearly that discrimination cannot be tolerated in any form. That outcry has made all the difference.

"Facing tremendous economic damage and mounting public pressure, particularly from leading businesses in the state, lawmakers have responded with a measure to reduce the harm caused by the new law and include positive references to sexual orientation and gender identity for the first time in Indiana state law.

"These changes represent an important step forward. They fall short in many ways, and our work is far from over.

"Statewide nondiscrimination protections for LGBT Hoosiers still do not exist, meaning discrimination is still legal in most of the state.

"Businesses in Indiana, and many other employers looking to do business with our state, have made it clear that the state must pass a statewide nondiscrimination law that protects all Hoosiers from discrimination and ensures that Indiana is seen as a welcoming place to visit and do business.

"Some of the country’s leading companies – trend setters and innovators – came together to voice their support for laws to end discrimination of any kind.

"It’s time to pass a comprehensive nondiscrimination law, and we will continue to work with our allies to ensure that the RFRA cannot be used to discriminate or harm anyone.

"Indiana businesses have shown they are ready to lead. We look forward to working with them to pass statewide protections against discrimination. That campaign begins today."
Here's the fix language for the RFRA law:

SECTION 1. IC 34-13-9-0.7 IS ADDED TO THE INDIANA CODE 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 7 1, 2015]: Sec. 0.7. This chapter does not:
(1) 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;
(2) 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; or
(3) negate any rights available under the Constitution of the State of Indiana. 

SECTION 2. IC 34-13-9-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]: Sec. 7.5. As used in this chapter, "provider" means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, and other organized groups of persons. The term does not include:
(1) A church or other nonprofit religious organization or society, including an affiliated school, that is exempt from federal income taxation under 26 U.S.C. 501(a), as amended (excluding any activity that generates unrelated business taxable income (as defined in 26 U.S.C. 512, as amended)).
(2) A rabbi, priest, preacher, minister, pastor, or designee of a church or other nonprofit religious organization or society when the individual is engaged in a religious or affiliated educational function of the church or other nonprofit religious organization or society. (Reference is to ESB 50 as reprinted March 17, 2015.)

12 comments:

Pete Boggs said...

If the GAME has joined corporatist Vinyl Four (Pacers, Lilly, Cummins, Anthem); this will be a "PR nightmare" they failed to imagine...

Anonymous said...

Kathy Sarris does not speak for me. As a long-time Indianapolis, openly gay resident, the gay community's active boycotting of her horrible restaurant on an otherwise thriving Mass Ave was put out of business because of her ill treatment of people in our community. Yes, I'm reaching for the barf bag, Gary.

Anonymous said...

Republican leadership just gave their news conference announcing their fix to the religious freedom act. They seems so very self congratulatory. But not so fast, Governor Pence. First, the LGBT "leader" they stood up on the podium was a Republican log cabin leader, roundly disliked in the Indiana gay politico community. Few would identify him as a LGBT leader in Indiana. So this is a bit suspect. Secondly, we haven't seen the language yet. Everybody was so very self congratulatory, including some very, very anti-gay Indiana politicians; guys who do not give two cents for homosexuals. They don't want a boycott of Indiana, of course. But listening to them posture as if they have truly reached a satisfactory resolution with the gay community is laughable. They have no plans to pass an anti-discrimination law in Indiana, or support a national federal one. We haven't seen the exact language they are proposing to the religious freedom act, but its immediately suspect. They didn't even bring out the current mayor Greg Ballard for their announcement, who bucked his party to stand for and with the gay community early in the dispute; instead hauling former mayor Bart Peterson, a Lilly insider, to announce their "success." Don't trust a single guy up there. If they can screw over the gay community, they'll do it with a smile on their face. I was completely underwhelmed.

Anonymous said...

So we can't discriminate against "gender identity."

No more exclusive women's clubs, right? No more men and women's restrooms, right?

Pete Boggs said...

Misspell checker / auto incorrect edited what should've read:

If the GA has joined the corporatist Vinyl Four (Pacers, Lilly, Cummins, Anthem); this will be a "PR nightmare" they failed to imagine...

Pete Boggs said...

Anon 9:46 is correct. Can the GA expect to uphold a faux "right to not be offended," to keep pace with tyrannic notions like "gender fluidity?"

Get off the hamster wheel & focus on reality; there are only human rights; not to be confused with country club style, categoric privilege.

Anonymous said...

Like Anon 9:07 I too am an openly gay Marion County taxpayer. The description of Kathy Sarris and her failed business, Aesop's Tables, is accurate and true. I care not for Ms. Sarris political viewpoints nor for the other self-anointed intolerant haters in our community who pretend they speak for ALL LGBT persons when that is not the case at all... persons whose initials are Rick Sutton, Katie Blair, Megan Roberston, and Zach Adamson...too name a few.

Yes, Gary, I am another LGBT out and proud person who agrees with you on the this issue and with your statement that: "It is an affront to see people who should be prosecuted for decades of public corruption in this state held up as the saviors of our state."

Anonymous said...

This standard of amendments is a new spector for Indy and it should be open to the public with hearings and nothing passed until a vote by the public. Sell tickets for this one. Let the people of all walks speak and let's include comments from justices.

Anonymous said...

Weren't those the two gay leaders running Indiana Equality when they told former Speaker Pat Bauer to just go ahead and let the marriage discrimination amendment pass the House and be placed on Indiana's ballot, at which point Bauer had to pick his jaw up from the floor?

Todd Smekens said...

Well, if Mitch orchestrated Pence's public debacle, then I might have to change my opinion of him. Salute!

Flogger said...

WOW, it is times like this I wish I was in the NSA, and could listen in on all the phone calls or via "bugged" offices, and read all the E-Mails flying back in forth between Legislators, Governor, the power brokers and Bible Thumpers.

If this was only the old Soviet Union the picture with Pence and the Bible Thumpers at the bills signing you could air brush out the Thumpers and insert the 1%.

Anonymous said...

So the two leading Dem's were removed from the Committee prior to the House vote and replaced by Rep's. Does America know this?