Indiana shame

The Shadow over Indiana

22 FEBRUARY 2015: Indiana Gov. Mike Pence appears on 'FOX News Sunday with Chris Wallace'.  Guest host John Roberts interviewed Mr. Pence regarding various issues, including his status as a 2016 'dark horse' for the GOP presidential nomination, and the Hoosier State's 'religious freedom' bill empowering discrimination, which Pence signed into law in late March.  (Image credit: FOX News)

“Indiana businesses can now discriminate against gay people because of the ACA’s contraception policy?”

Steve Benen

Perhaps it seems an odd question, but there is a reason, after all:

The Republican governor, and possible presidential candidate, published a Wall Street Journal op-ed overnight in which Pence outlined his plan to address businesses that exploit his new law to discriminate against gay consumers: “If I saw a restaurant owner refuse to serve a gay couple, I wouldn’t eat there anymore.”msnbc

As Rachel joked on the show last night, “So, if you were worried that gay people might be refused service by a business in Indiana now, don’t worry. That could never happen because the state has decided to wield the grave threat of depriving businesses of Mike Pence’s personal patronage.”

In the same piece, the Hoosier State governor suggested this whole mess can be traced back to Obamacare.

Many states have enacted [Religious Freedom Restoration Acts] of their own … but Indiana never passed such a law. Then in 2010 came the Affordable Care Act, which renewed concerns about government infringement on deeply held religious beliefs. Hobby Lobby and the University of Notre Dame both filed lawsuits challenging provisions that required the institutions to offer certain types of insurance coverage in violation of their religious views.

Last year the Supreme Court upheld religious liberty in Burwell v. Hobby Lobby, based on the federal RFRA. With the Supreme Court’s ruling, the need for a RFRA at the state level became more important, as the federal law does not apply to states. To ensure that religious liberty is fully protected under Indiana law, this year the General Assembly enshrined these principles in Indiana law. I fully supported that action.

Hmm. Indiana businesses can now discriminate against gay people because of the ACA’s contraception policy?

This apparently wasn’t persuasive, either, leading Pence to announce this morning his support for a legislative “fix.”

The question persists: How did Pence not see this coming?

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