INDIANAPOLIS — Gay rights advocates are hoping to parlay the momentum from their legislative victories in Indiana and Arkansas in the past week into further expanding legal protections for gays and lesbians in those states and others.
Facing widespread pressure, including from big businesses such as Apple and Wal-Mart, lawmakers in Indiana and Arkansas rolled back their states’ new religious objections laws, which critics said could be used to discriminate against gays. Amid the uproar, the Republican governors of Michigan and North Dakota urged their legislatures to extend anti-discrimination protections to gays.
Twenty-nine states do not include protections for gays and lesbians in their non-discrimination laws, according to the American Civil Liberties Union. But the Indiana and Arkansas laws, along with court rulings or legislatures legalizing same-sex marriage in 37 states and an expected U.S. Supreme Court decision on gay marriage this year, are fueling efforts to change that as the 2016 elections approach.
“We’re not going to let any of these people off the hot seat,” said Kathy Sarris, a co-founder of the gay rights group Indiana Equality Action. “This ultimately is going to happen in Indiana.”
Hundreds of people calling for Indiana to add protections for gays and lesbians to state civil rights laws marched through downtown Indianapolis on Saturday, drawing the attention of fans attending the NCAA Final Four basketball tournament.
They chanted, “No more Band-Aids masking hate,” before they walked several blocks to Lucas Oil Stadium, the site of the NCAA men’s basketball championship semifinal and final games.
Most of the states without sexual-orientation protections are in the South or the Plains, which tend to be more conservative. As public opinion has become more supportive of same-sex marriage and other gay rights in recent years, many businesses say such protections factor into their decisions about expansions and help them attract top employees.
Arkansas state Rep. Warwick Sabin, a Democrat from Little Rock, said the issue isn’t going away.
“Other states are moving ahead of us, and Arkansas is being left in the dust. We need to make an affirmative statement about our values as a state, and I know that the vast majority of Arkansans believe in fairness and opportunity for all of its citizens,” he said.
Indiana’s Republican-controlled legislature took a first step by adding language to its new religious objections law stating that service providers cannot use the law as a legal defense for refusing to provide goods, services, facilities or accommodations on the basis of sexual orientation, gender identity and other factors. It is the first Indiana state law that explicitly mentions sexual orientation and gender identity.
The governors of New York and Connecticut, who had imposed bans on state-funded travel to Indiana by officials as a symbol of their opposition to the religious objections law, lifted those bans Saturday in response to the changes in the law.
Arkansas’ amended law addresses only actions by the government, not by businesses or individuals.
The law’s supporters say the changes would prevent businesses from using it to deny services to individuals, even though it does not include specific anti-discrimination language similar to Indiana’s law.
Gay rights proponents want Arkansas to go further, though, and are trying to build support for adding sexual orientation to the protected statuses covered by the state’s civil rights laws. The state’s attorney general, Leslie Rutledge, last week approved the wording of a proposed ballot measure that would add such protections, clearing the way for supporters to begin gathering the signatures needed to get it on the November 2016 ballot.
“Today, LGBT Arkansans are still unequal, and today’s battle points toward a broader struggle ahead — a fight where full and complete equality for all Arkansans that cannot be undermined is the only acceptable outcome,” Chad Griffin, president of the Human Rights Campaign, the nation’s largest LGBT rights group, said in a statement after Republican Gov. Asa Hutchinson signed the Arkansas law.
Hutchinson, meanwhile, has left open the possibility of issuing an executive order that would prohibit workplace discrimination against lesbian, gay, bisexual and transgender people at state agencies.
Similar debates are going on elsewhere.
In North Dakota on Thursday, the Republican-controlled legislature voted down a measure that would have prohibited discrimination on the basis of a person’s sexual orientation in the areas of housing and employment. Gov. Jack Dalrymple (R) rebuked lawmakers, saying such discrimination was not acceptable.
In Michigan, Gov. Rick Snyder (R) warned legislators that he would veto a religious objections bill unless they also sent him a measure that would extend anti-discrimination protections to gays. He cited the Indiana outcry in issuing his warning.
Indiana Gov. Mike Pence and fellow Republicans maintained that the state’s religious objections law never sanctioned discrimination against anyone. They said considering changes to the state’s civil rights law was too big a policy change to take up with less than a month left in the legislative session.
Eric Miller, executive director of an Indiana group, Advance America, called the national outcry over the state’s law an “orchestrated effort of misinformation” led by those pushing for “government recognition, government approval, adding to our civil rights laws protections for sexual orientation and gender identity.”
A crowdfunding campaign for the owners of an Indiana pizzeria who expressed support for the Indiana religious objections law has raised more than $840,000 as of Saturday morning. Memories Pizza in Walkerton is closed indefinitely and its operators say they’ve gone into hiding after their comment that they would not serve pizza to a gay wedding prompted an avalanche of criticism on social media.