Indiana Bill Regarding Civil Rights Protections and Religious Freedom (SB 100)
This law was last updated on Jul 25, 2016
SB 100 would make sexual orientation, gender identity, active-duty military status and veteran status protected classes under Indiana civil rights law. If passed, these groups would be protected from discrimination in employment, housing and public accommodations. Current Indiana civil rights law protects citizens from discrimination based on race, color, religion, sex, disability, national origin and ancestry.
SB 100 would also provide a broad license to discriminate based on the religious beliefs of a person or entity.
The bill defines “sexual orientation” to mean actual or perceived bisexuality, heterosexuality, or homosexuality.
The bill defines “gender identity” to mean a person’s gender-related identity, appearance, or behavior:
- whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth; and
- that can be shown by providing:
- medical history, care, or treatment of the gender-related identity occurring in the period of twelve (12) months preceding the act or omission that is the subject of a complaint under this chapter; or
- consistent and uniform assertion of the gender-related identity in the period of twelve months preceding the act or omission that is the subject of a complaint under this chapter, if the assertion is sincerely held, part of the individual’s core identity, and not being asserted for an improper purpose.
The bill would prohibit the state from taking any discriminatory action against any individual clergy or religious leader on the basis that the individual declines or will decline to perform, solemnize, or facilitate any marriage based upon the individual’s sincerely held religious belief.
The bill would prohibit the state from taking any discriminatory action against a religious or religious affiliated organization, including those providing social services, wholly or partially on the basis that the organization declines or will decline to solemnize any marriage or to provide accommodations or other facilities, goods or other property, privileges, or services for a purpose related to the solemnization, formation, celebration, or recognition of any marriage, based upon a sincerely held religious belief.
The bill would prohibit the state from taking any discriminatory action against a religious or religious affiliated organization that provides social services or charitable services, if the organization acts or intends to act upon a sincerely held religious belief.
If passed, a person would be exempt from the provisions related to sexual orientation and gender identity discrimination for the following:
- An act or omission related to providing accommodations or other facilities, goods or other property, privileges, or services for any solemnization, rehearsal, reception, celebration, or social event for a marriage ceremony, renewal of marriage vows, or marriage anniversary; and
- An act or omission related to providing marriage counseling, courses, retreats, and other similar activities.
The bill provides that maintaining separate restrooms, or enforcing rules and policies related to restrooms and similar facilities, would not be considered a discriminatory practice. Establishing and enforcing a dress code policy based on sex, sexual orientation, or gender identity would also be protected.
Similar to SB 344, which does not prohibit gender identity discrimination.