I really tried to ignore the brouhaha over Indiana’s thinly veiled discriminatory law. There is little I can add to the public discourse. In my circles, it seems kind of obvious that the Religious Freedom Restoration Act (RFRA) will be short lived. After all, even with a public demonstration of a narrow mind and intolerance, no governor can stand against business for long.
For those who have lived under a rock these past few weeks, a quick study might ask What’s the big deal? After all, we have a federal law with the same name. But there is a big difference! The federal law protects individuals from government intrusion or coercion, while the Indiana law was crafted with the opposite intent! It allows individuals (business owners or employees) to claim a legal basis for their interaction with others. It sets the stage for commercial discrimination and goofy legal defenses…
Under this law, a McDonald’s cashier can contest being fired for telling each customer to praise Allah—or for refusing to serve customers who don’t respond in kind. After all, he is just exercising his religious freedom. This doesn’t just open a can of worms—It sends a crop duster to spray worms over the entire state!
This slideshow from Huffington Post presents first-hand quotes and tweets from 26 politicians, corporate heads (Apple, Nike, Twitter, Angie’s List, Yelp, NASCAR, etc).
Some people stand with the Indiana governor, such as former governor Jeb Bush, and senators Ted Cruz and Rick Santorum. But it is revealing to note that no corporation or sports team wants this pretext to commercial discrimination. They are vociferous in distanancing themselves.
Of course, not all politicians stand with Indiana Governor Mike Pence. The governor of Connecticut is a lightning rod in mustering dissent. So are the mayors of Seattle, Denver, and Washington, DC. You can imagine the statement from Oregon’s governor Kate Brown (she is openly bisexual).
Financial repercussions are beginning to mount. Angie’s List is canceling a $40 million expansion of their headquarters (this means fewer jobs!). The alternative rock band, Wilco, has cancelled a tour stop in Indianopolis. Salesforce.com is cancelling a business deal. The Colts, NCAA and NASCAR cannot easily relocate, but they are apologizing to fans and reminding them that these venues welcome all fans–both on and off the field. Hillary Clinton called it a “sad decision”. The founder of Yelp calls it “unconscionable”.
Governor Pence insists that the law is misunderstood and that it was not intended to be a pretext for commercial discrimination. In response, check out the opening section of a letter signed by Angie’s List CEO and the heads of eight other large corporations. It points out that intent is not really the point. It’s all about effect:
Regardless of the original intention of the Religious Freedom Restoration Act, we are deeply concerned about the impact it is having on our employees and on the reputation of our state. All of our companies seek to promote fair, diverse and inclusive workplaces. Our employees must not feel unwelcome in the place where they work and live.
To clarify the law, Governor Pence is rushing a corrective ‘fix’ into the legislative docket. That’s just another head slapper. Why bother?! You don’t fix lunacy, you drive a wooden stake through it, bury it, and hope that your opponents forgive or forget.
Wild Ducks wonder how long Hoosiers must wait before Governor Mike Pence rolls back his spiteful and bad-for-business legislation. We also wonder how the governor could have acted on such bad advice. On the other hand, if he acted on his personal conviction, then — red state or blue state — I wonder how he became governor!