Indiana leader defends new law seen as anti-gay

Indiana Gov. Mike Pence holds a news conference at the Statehouse in Indianapolis, Thursday, March 26, 2015. Pence has declared a public health emergency in response to the HIV epidemic in Scott County.  Seventy two cases of HIV have been confirmed in the southern Indiana county. (AP Photo/Michael Conroy)
Indiana Gov. Mike Pence holds a news conference at the Statehouse in Indianapolis, Thursday, March 26, 2015. Pence has declared a public health emergency in response to the HIV epidemic in Scott County. Seventy two cases of HIV have been confirmed in the southern Indiana county. (AP Photo/Michael Conroy)

INDIANAPOLIS -- Indiana Gov. Mike Pence defended a new state law that's garnered widespread criticism over concerns it could foster discrimination against homosexuals and said Sunday that it wasn't a mistake to have enacted it.


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Pence appeared on ABC's This Week to discuss the measure he signed last week prohibiting state laws that "substantially burden" a person's ability to follow his religious beliefs. The definition of "person" includes religious institutions, businesses and associations.

Since the Republican governor signed the bill into law Thursday, Indiana has been widely criticized by businesses and organizations around the nation, as well as on social media with the hashtag #boycottindiana. Already, consumer review service Angie's List has said it will suspend a planned expansion in Indianapolis because of the new law.

Pence did not answer directly when asked at least six times whether it would be legal under the law for a merchant to refuse to serve gay customers. "This is not about discrimination; this is about empowering people to confront government overreach," he said.

Pence added that the measure would apply only to disputes between individuals when government action is involved.

The governor told the Indianapolis Star on Saturday that he was in discussions with legislative leaders over the weekend and expects a clarification bill to be introduced in the coming week. He addressed that Sunday, saying, "If the General Assembly ... sends me a bill that adds a section that reiterates and amplifies and clarifies what the law really is and what it has been for the last 20 years, then I'm open to that."

But Pence was adamant that the measure, which takes effect in July, will stick. "We're not going to change this law," he said.

One idea under consideration is a proposal to add sexual orientation as a protected class under the state's civil-rights laws.

"I will not push for that," Pence said. "That's not on my agenda, and that's not been an objective of the people of the state of Indiana."

Critics were discouraged by his statement.

"Governor Pence's calls for a 'clarification' of this destructive bill are phony unless the legislation guarantees explicit non-discrimination protections for LGBT Hoosiers and includes a clear civil rights carve-out" within the law, Chad Griffin, president of the Human Rights Campaign, a gay-rights organization, said in a statement Sunday.

Indiana House GOP caucus spokesman Tory Flynn referred questions about those discussions and possible language to the governor's office, which didn't response to a request for comment Sunday.

Some national gay-rights groups say the law is a way for lawmakers in Indiana and several other states where such bills have been proposed this year to essentially grant a state-sanctioned waiver for discrimination as the nation's highest court prepares to consider the gay marriage question.

Supporters of the law, including Pence, contend that discrimination claims are overblown and insist the law will keep the government from compelling people to provide services they find objectionable on religious grounds. They also maintain that courts haven't allowed discrimination under similar laws covering the federal government and 19 other states. Arkansas is poised to follow in Indiana's footsteps, with a final vote expected this week in the House on legislation that Republican Gov. Asa Hutchinson has said he'll sign.

Josh Earnest, President Barack Obama's spokesman, appeared on This Week just after Pence and said the debate isn't a political argument.

"It should be easy for leaders in this country to stand up and say that it is wrong to discriminate against people just because of who they love," he said. He added that Pence "is in damage-control mode this morning, and he's got some damage to fix."

State Rep. Ed DeLaney, an Indianapolis Democrat, told a large group of protesters gathered Saturday outside the Statehouse that the law creates "a road map, a path to discrimination." Rally attendees chanted "Pence must go!" and held signs that read "No hate in our state."

Amid the criticism, Tony Perkins, president of the Family Research Council, defended Pence and the new law on Twitter.

"What is unfolding in Indiana reveals who the real bullies are," Perkins wrote, referring to those whom he thinks support the idea of a government that can "punish people for freely living according to their beliefs."

Pence addressed the critics Sunday, saying, "This avalanche of intolerance that's been poured on our state is just outrageous."

Pence, a former six-term congressman and conservative talk-show radio host, said such criticism is based on "misinformation and misunderstanding" about a law that he said is similar to many others across the country.

Lawmakers have introduced more than 85 bills that penalize members of the homosexual, bisexual and transgender communities in 28 state legislatures this year, according to the Human Rights Campaign.

"Many of these bills could critically undermine the enforcement of state nondiscrimination protections and passing them will do serious harm to the business climate of these states," the organization wrote in response to the Indiana law. The group plans to place a full-page ad in the San Jose Mercury News to inform Silicon Valley companies about the law, Jason Rahlan, a spokesman, said by email.

Twenty states have passed legislation prohibiting discrimination in employment based on sexual orientation and gender identity, according to data compiled by the organization.

U.S. Sen. Joe Donnelly, an Indiana Democrat, encouraged residents who oppose the law to speak with their elected officials and said in a statement Sunday that he'll work with elected leaders who understand Indiana is a stronger state when it is clear that it values all state residents.

Indianapolis Mayor Greg Ballard, a Republican who opposed the law, has said he and other city officials will talk with businesses and convention planners to counter the anger.

On Saturday, Angie's List withdrew a proposal to expand its Indianapolis headquarters, a planned $40 million investment, days before it was to break ground.

"Angie's List is open to all and discriminates against none and we are hugely disappointed in what this bill represents," founder and Chief Executive Officer Bill Oseterle said in a statement Saturday. The company said it would begin reviewing alternatives for its headquarters expansion.

The company had sought an $18.5 million incentive package from Indianapolis' City-County Council to add 1,000 jobs over five years.

The City-County Council was scheduled today to consider the company's proposal.

"We were hopeful that the council would be favorable," said Debra DeCourcy, a spokesman for Angie's List. "This aspect of the bill that passed recently put a different light on things."

Technology-industry leaders including Apple Inc. Chief Executive Officer Tim Cook and Salesforce.com Inc. CEO Marc Benioff have also spoken out.

Cook wrote in a Twitter post Friday that his company is "deeply disappointed in Indiana's new law" and called on the governor of Arkansas to veto a similar measure that is pending.

Benioff tweeted Thursday that the business-software maker was "canceling all programs that require our customers/employees to travel to Indiana to face discrimination."

The Indianapolis-based NCAA has expressed concerns about the law and has suggested it could move future events elsewhere; the men's Final Four will be held in the city next weekend. Critics have called for a boycott of the tournament as a response to the measure.

The mayor of Seattle, Ed Murray, said Saturday that he will issue an executive order this week that will prevent city employees from making city-funded trips to Indiana.

The law "doesn't reflect the values of our city. ... This is why I am ordering that none of our taxpayer dollars should go toward supporting this discriminatory law," Murray said in a statement.

Information for this article was contributed by Tom Davies, Rick Callahan and staff members of The Associated Press; by David Lerman, Jack Clark, Tom Schoenberg, Tim Higgins and Tim Jones of Bloomberg News; and by Josh Hicks and Sarah Halzack of The Washington Post.

A Section on 03/30/2015

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