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Unfazed by Boycotts, Indiana Won't Even Study LGBT Protections

Lawmakers on Thursday released some 40 topics they plan to study before the General Assembly returns to the Statehouse in 2016.

By Chelsea Schneider

Lawmakers on Thursday released some 40 topics they plan to study before the General Assembly returns to the Statehouse in 2016.

But notably not on the committee's list is adding statewide Civil Rights protections for lesbian, gay, bisexual and transgender Hoosiers.

Senate President Pro Tem David Long, a Fort Wayne Republican, said he still anticipates a legislative proposal on those protections during the 2016 General Assembly. He said lawmakers will talk about and analyze the matter in the interim.

"That will go on quietly through the summer," Long said.

Long said not enough support existed to hold a formal study committee -- where lawmakers meet in public and submit a formal report making recommendations on potential legislation.

"There's a feeling that this is going to be ongoing with a lot of studying going on, he said. "Different groups are pushing us from the outside at all levels to either study it or don't study it. We're pretty aware what's going on around the rest of the country."

Lawmakers are poised to study the protections during the same year voters will elect a new governor. All House members and half the Senate also are up for re-election.

Long said it's too soon to say whether a vote on those protections will occur next year.

"What the outcome of that will be is unknown and really that's going to be up to our caucus," Long said. "This is one of those issues where majorities and minorities may not matter. It's going to be a mixed vote, I suspect, if it came to that."

Senate Democratic Leader Tim Lanane said he had requested the protections be sent to a study committee. He said Democrats plan to file a proposal next year.

"I fear that there's some thought this issue is going to go away; and for the betterment of the state of Indiana, it shouldn't go away. I don't think it will go away, so sooner or later this issue needs to be discussed, debated and of course in my opinion, we need to amend our laws to protect the categories of sexual orientation and gender identity," said Lanane, of Anderson.

The "fix" that Gov. Mike Pence signed into law earlier this year to the state's new Religious Freedom Restoration Act barred the law from being used as a defense to discriminate against any member of the public, including on the basis of sexual orientation and gender identity.

But changes ushered through the legislative process solely relate to the "religious freedom" law. They offer no statewide Civil Rights protections. While specific to the Religious Freedom Restoration Act, the clarifying language did mark the first time protections against discrimination on the basis of sexual orientation and gender identity exist in state law.

As for other topics to be considered over the summer, lawmakers will not discuss further gambling tax changes. This year's legislation allowing for land-based casinos also had requested a study committee on the ways local governments rely on gambling tax revenue and the current $3 admissions tax casinos pay. But those proposed changes didn't make the cut for study committees.

"I think people feel pretty good what we did for the industry this year," Long said.

He said lawmakers likely will wait to see how this year's bill influences the industry before making further changes.

Topics sent to study committee include: whether the state should replace the ISTEP testing program for Hoosier schools; needle exchange programs as a way to curb the transmission of infectious diseases among intravenous drug users; and extending the state's indoor smoking ban to bars, casinos and private clubs.

(c)2015 the Evansville Courier & Press (Evansville, Ind.)

Caroline Cournoyer is GOVERNING's senior web editor.
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