When Indiana Gov. Mike Pence signed the state's version of the Religious Freedom Restoration Act last Thursday, he had to anticipate boisterous opposition.
Religious conservatives hailed Senate Bill 101 as step forward in restricting government's influence on business and personal matters. Opponents saw it as a gateway to discrimination; a "get out of jail free" card for business owners to refuse service to the LGBT community.
Gay and Lesbian people aren't protected by federal, whereas minorities and religious groups are.
The Hoosier State isn't the first to ratify RFRA laws, and it likely isn't the last. In fact, Democratic President Bill Clinton signed the initial RFRA in 1993. Indiana is simply the 20th state to adopt such legislation.
What has human rights and gay rights advocates up in arms are implication such a law can have on conservative states, many which still oppose same-sex marriage. Tension lies in Pence's aversion to delineating the law, the bill not offering protection based on sexual orientation, and how state business owners may not face retribution for turning away LGBT members.
Here are some key points in understand why Indiana passed the law and why some fear it will lead to discrimination.
The bill was signed in private
Pence held the law's signing ceremony surrounded by the state's religious communities. Advanced America founder Eric Miller and Indiana Family Institution President Curt Smith were there; along with Franciscan monks, nuns, supportive lawmakers, and powerful lobbyists.
The event was closed to the public and the press. The only photos of the event were captured by members of the governor's office. Requests for interviews after the ceremony were denied, according to ABC 6 in Indianapolis.
Bill signing ceremonies are usually transparent events, and typically open to the public. The fact that Pence would deny Indiana residents brought into question whether he really felt their support.
RFRA laws differ in every state
On Sunday, Pence publically defended his stance on ABC's "This Week," reminding viewers that then-Illinois governor Barack Obama backed a similar bill that contained "the very same language." Pence also reference the law President Clinton put into effect.
The difference between 1993 and 2015, some point out, is that RFRA in 1993 was meant solely to protect an individuals' religious rights from government interference. It did not consider whether a person was gay or straight.
The bill the House passed by a unanimous 97-3 vote was meant for purposed like protecting Native Americans' diminishing rights, or a Muslim's freedom to don a turban without recourse.
The biggest difference between RFRA in Indiana and Democratic-leaning states is anti-discrimination laws.
According to the American Civil Liberties Union, 20 states have some sort of law in place prohibiting discrimination based on gender or sexual orientation, among them New York, California, Maryland, and Massachusetts. In 2004, Illinois passed laws that prohibited discrimination based on sexual orientation when it came to housing, employment, and credit.
Pence, for his part, said he would not seek similar protection in Indiana and has not said whether business owners would legally be able to refuse service to gays and lesbians.
Hobby Lobby opened the door to RFRA in Indiana
In his ABC interview, Pence referenced how the Supreme Court's Hobby Lobby verdict influenced this bill.
The nation's highest court found religious-oriented corporations don't have to provide contraceptives to employees if it goes against the company's beliefs. Indiana is the first state to reference the case since the court ruled in favor of Hobby Lobby, 5-4.
Fast forward nine months and Indiana is in Hobby Lobby's place, faced with criticism and anticipation of what will happen next. Arkansas, for one, will be curious to see what amendments Pence proposes.
HB 1228, Arkansas's law allowing individuals to use religion as cause to discriminate against LGBT people, passed the state Senate last Friday and is likely on its way to the governor's desk.
Not every Indiana Republican voted for RFRA
It is easy for some to paint all Republicans with a single brushstroke. Not all in Indiana's GOP, however, favored SB 101.
"Do we want our sign to say 'Welcome? Or do we want our sign to say 'Closed for Business?' Or 'Certain people aren't welcome?' Or, as some have suggested, 'We don't accept fill-in-the-blank?'" said state Rep. Ed Clere in speaking with the Indy Star.
Clere is one of five GOP members in the Indiana General Assembly who voted no on RFRA. The others were Rep. Greg Beumer, Rep. Cindy Kirchhofer, Rep. Sean Eberhart, and Rep. Tom Saunders.
The dissidents didn't equate their vote to discriminatory worries. Many simply though Indiana didn't need the law or that the language is too broad.
"The only sure thing about this legislation from a legal standpoint is it leaves a lot of questions unanswered and will provide work for a lot of attorneys," Clere said.
It's a potential economic disaster
Apple CEO Tim Cook penned a strongly worded op-ed in the Washington Post on Sunday. In it, Cook equated discrimination against LGBT members to that African-Americans faced during the 1960s and 1970s.
"I have great reverence for religious freedom. As a child, I was baptized in a Baptists church, and faith has always been an important part of my life. I was never taught, nor do I believe, that religion should be used as an excuse to discriminate."
Cook went on to say RFRA is "bad for business." It's a message some of America's biggest companies have taken to hear.
Salesforce CEO Mark Benioff has canceled all the company's planned events in Indiana. Yelp CEO Jeremy Stoppelman and PayPal co-found Max Levchin denounced the legislation and called it a detriment to top talent. NCAA President Mark Emmert, who often elects Indianapolis for its Final Four and National Championship basketball games, issued a statement saying "our core values are built around notions of diversity and inclusion."
Indiana's most impactful lost thus far was Angie's List CEO Bill Oesterle announcing the suspension of a $40 million expansion in Indianapolis. In a letter sent to Pence, Oesterle - along with representatives of Anthem Blue Cross & Blue Shield, Eli Lily and Co., and Roche Diagnostics - expressed concern for their employees and the "reputation of the state."
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