Breaking News: Discrimination Illegal in Indiana

For the first time in its history, there is a law that prohibits discrimination on the basis of sexual orientation in Indiana.

Here is the language that has been added to the Religious Freedom Restoration Act:

Sec. 0.7. This chapter does not: (1) authorize a provider to refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service; (2) establish a defense to a civil action or criminal prosecution for refusal by a provider to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin disability, sex, sexual orientation, gender identity, or United States military service; or (3) negate any rights available under the Constitution of the State of Indiana.

Of course, one could try to argue that the statement merely says that one cannot justify refusal of service based on the RFRA – but one can discriminate on other grounds. But I am pretty sure the courts would conclude that this statement implicitly includes sexual orientation and gender identity alongside other protected categories, and thus extends to them the right to live free of discrimination.

I consider this a major step forward by Indiana, even if it was preceded by a step backwards.

I only hope this means that we get to keep Gen Con…