Bill Permitting Employment Discrimination Based On Religion Passed In Indiana Senate

The Republican-controlled Indiana Senate has passed a controversial bill that will allow religious organizations receiving state funds to discriminate in employment based on religion.

In a vote of 39-11, the state Senate passed Bill 127 last Feb. 3, giving religious organizations the right to hire individuals based on religion starting July 1.

It also gives the organizations the right to require "all employees and applicants to conform to the religious tenets of the organization."

The bill was authored by state Republican Senators Travis Holdman, Amanda Banks and James Buck and co-authored by Republican Senator Greg Walker, according to the Indiana General Assembly website.

It applies to contracts by the Indiana state and other agencies "with a religious corporation, an association, an educational institution, or a society."

"Every contract must include a modification to the provision required under subsection (a) that states the religious corporation, association, educational institution, or society is not prohibited from: (1) giving a preference in employment to individuals of a particular religion," the bill read.

All 10 Senate Democrats and Republican Senator Ron Grooms voted against the bill, according to the Indy Star.

Holdman denied that the bill will allow discrimination. "It's not a legal license to discriminate. It just says we're going to pull ourselves in line with federal law that allows for this kind of carve out, this kind of exemption, for faith-based organizations," he told the newspaper.

Democratic Senator Karen Tallian protested the bill. "This is outrageous. How many tenets must you conform to? Do you have to go to church every Sunday? Can you eat meat on a Friday?" she said.

Holdman was quoted as saying that he filed the bill to help Indiana Wesleyan University, an evangelical Christian university in Marion, Indiana, to get state grants.

The Indiana Equality Action said religious organizations taking public funds should not discriminate.

"Once a religious institution takes public funding or bids on public projects they should then have to follow the rules like public businesses do in regards to discrimination based on any trait — sex, race, gender, sexual and gender orientation, etc.," said spokesperson Chris Paulsen.

The Center for Inquiry said it is against the bill. "This means state law would require all organizations receiving state contracts to obey laws barring discrimination based on race, color, religion, and gender — except religiously affiliated organizations," it said. "To make matters worse, the Senate also rejected an amendment to the bill that would have prohibited discrimination based on sexual orientation."

The bill will now move to the Indiana House of Representatives.