Indiana Senate President Pro Tem David Long speaks as House Speaker Brian Bosma (R) looks on during a press conference about anti-discrimination safeguards added to the controversial Religious Freedom Restoration Act at the State Capitol April 2, 2015, in Indianapolis, Indiana. They look pretty psyched, don't they?
The Republican leadership in Indiana has released its proposed changes to the "religious freedom" law they recently passed, and it's both an extraordinary retreat and not much of a change at all. Both things are important to understand, but here's the language from the new bill:
This chapter does not:
(I) 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, ability, 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.
As the Republicans have pointed out, this is the first time the words "sexual orientation" or "gender identity" would be mentioned in Indiana state law. It's a testament to how eager Republicans are to show everyone that they abhor discrimination and have nothing but the most tender feelings toward their gay brothers and sisters. And (presuming it passes and Governor Pence signs it), this would mean that the state's religious freedom law couldn't be used in court as a justification for discrimination.
But-and this is a big but-this doesn't mean it's now illegal in Indiana to deny someone services because they're gay. What it does is return to the status quo ante, under which it's legal to discriminate in some places in Indiana and illegal in others. Right now there are cities like Indianapolis and Bloomington that have their own anti-discrimination statutes, but if you're in other parts of the state, it's perfectly legal to hang a "No gays" sign in the window of your store or restaurant. This amendment to the religious freedom law doesn't change that. If it actually forbade discrimination based on all those classes it mentions, then it would. But all it's doing is saying this particular law doesn't authorize that kind of discrimination. Since there's still no state law forbidding discrimination based on sexual orientation, if you're in a town without a local ordinance doing so, you can go ahead and keep your pizza place gay-free.
So: Is it a big victory for gay rights? Yes it is, particularly since it represents a retreat by conservative Republicans and changes the debate around future religious freedom laws. Does it make Indiana a paradise of equal treatment? Not yet.