Discussion: Indianapolis GOP Mayor Issues Order To Protect Gay People From New Law

Discussion for article #234852

I would hate to be the judge in whose court the obvious litigation lands. But until someone issues a stay or a final decision, this would seem to be the law in Indianapolis.

The Indy mayor seems to be playing “good cop” to the governor’s “bad cop”, so the GOTP can reap the benefits from legalized discrimination and beat down anyone opposed to the practice.

I don’t think so. The people/reps that support these biills are the rural types that have no skin in the game. Not the cities that have the conventions and businesses that will be effected.

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actually, indy is a great town. maybe they can get an exemption from the law. then the rest of the state can discriminate to their hearts’ content? indy could be the no-go zone for hate and discrimination within the state.

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The huge majority council vote is the story not the mayor’s executive fig leaf.

The plain text of the Religious Freedom law would seem to trump any executive order (even one by the governor) or ordinance that the city might pass. This is just more lipstick on the pig. The only cure is to either repeal the law or to make (via Indiana constitutional amendment) LGBT people a legally protected class in Indiana.

The way this law is written, it doesn’t appear that Indianapolis’s anti-discrimination ordinance is safe. In fact, issuing the order that the Mayor did may have actually put it in jeopardy. Sec 2 of the law states:

A governmental entity statute, ordinance, resolution, executive or administrative order, regulation, custom, or usage may not be construed to be exempt from the application of this chapter unless a state statute expressly exempts the statute, ordinance, resolution, executive or administrative order, regulation, custom, or usage from the application of this chapter by citation to this chapter.

Since the state does not have any protections for LGBT individuals, this law would trump any human rights ordinance on the books in any city in Indiana. There is also no state law which says that local anti-discrimination ordinances are “exempt.”

Sec 9 allows for an individual or business to assert an “impending violation” of their exercise of religion “is likely to be burdened” because of a law or statute. That means the individual or business does not have to suffer a loss or even be facing a charge of discrimination, etc. They can merely claim that this is likely to happen. Further, the governmental entity (in this case, the city of Indianapolis) doesn’t have to be a party to any action in order to be on the hook for damages and cost. How long will Indianapolis’s anti-discrimination ordinance stand if a conservative court, tribunal, etc decides that it “is likely” to burden a business? How long will it stand when the city has to start paying out awards to claimants in cases to which they are not even a party? The law also extends to funding, etc.

So, nice thought Mayor Ballard, but your order and your city’s anti-discrimination ordinance days are numbered. And all this to solve a problem that doesn’t exist, that is already settled under existing case law and is already covered under the First Amendment. How proud you must be of your own party.

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So, what? The people of Gary, Bloomington and other cities and towns are just supposed to live with being discriminated against??

The FinalFour being held in Indianapolis has nothing to do with the mayor’s statement? LOL

The FinalFour is not in THEIR town…

geez saminchag. do people often have to explain jokes to you? sarcasm? irony?

Congratulations for playing damage control, but the damage is escalating in your state and among the GOP Presidental hopefuls. America knows bigotry when they see it and the younger the voter the more repulsive it becomes.

Actually Ballard is a pretty good guy (for a Republican). Plus he gets bonus points for actually trying to do something to unF*(k this disaster Pence brought upon the state. Pence is now doubling down, playing the victim, saying he won’t add LGBT protections and pretending this whole thing is a big misunderstanding and little old Mikey never meant no harm.
We should applaud the R’s who do the right thing here and Ballard is a good egg.

Will the Indiana GOP do the Texas thing with this law, overriding local statutes with the state law, the way Texas did with local anti-fracking ordinances?

Not really; Pence is playing to the gay-hating Republican base of Christian conservatives, while it’s mostly Ballard and the rest of Indianapolis that pays the price of the backlash. Even if he had no principles (and it sounds like he does have them), he’s got a genuine economic interest in not having the rest of the country boycott his city that the governor doesn’t care so much about.