Summary
Pence has extreme views on homosexuality:
- Pence stated that being gay is a “lifestyle choice.”
- Pence called for redirecting federal dollars from “organizations that celebrate and encourage the types of behaviors that facilitate the spreading of the HIV virus” to institutions “who provide assistance to those seeking to change their sexual behavior.” Under Pence’s leadership, a major HIV outbreak hit Southern Indiana.
Pence opposed protections for LGBTQ individuals:
- In 2007, Pence voted against the Employment Non-Discrimination Act, which prohibited job discrimination on the basis of sexual orientation. Pence said he was in “strong opposition” to the bill because it could “wage war on the free exercise of religion in the workplace.”
- Between 2004 and 2009, Pence voted at least five times against expanding federal hate crime laws to include sexual orientation, gender or disability. At the same time in 2009, Pence voted to expand hate crimes to cover discrimination based on age, Armed Forces service, and law enforcement status.
- Pence believed that including gender identity in hates crimes legislation was “antithetical to those First Amendment traditions.” Pence also said such legislation was unnecessary because there was not “any evidence of any hate crimes occurring against individuals fir gender identity.”
- As Governor, Pence said he would not support adding sexual orientation as a protected class under Indiana’s state civil rights laws.
Pence opposed the repeal of Don’t Ask, Don’t Tell:
- Pence said that “homosexuality is incompatible with military service” and that the “presence of homosexuals in the military ranks weakens unit cohesion.” Pence said the military should not be used to “advance a liberal social agenda.”
- Pence voted three times against repealing Don’t Ask, Don’t Tell.
Pence is an ardent opponent of marriage equality:
- Pence supported an amendment to the U.S. Constitution defining marriage as between one man and one woman, and said that Congress should “oppose any effort to put gay and lesbian relationships on an equal legal status with heterosexual marriages.”
- Pence linked marriage equality to “societal collapse” and “American decline.” Pence said if the definition of marriage changed, “you’re really abolishing marriage.”
- Between 2002 and 2009, Pence co-sponsored at least seven constitutional amendments defining marriage as between one man and one woman.
- As Governor in 2013 and 2014, Pence expressed renewed support for putting a proposed state constitutional ban on gay marriage before Indiana voters. Pence preferred a ban on gay marriage that also included banning civil unions.
- Pence supported legislation that tried to define marriage as one man and one woman in Washington, D.C., and in 2009 and 2010, Pence co-sponsored legislation that tried to prohibit Washington, D.C. from issuing marriage licenses to same-sex couples.
- Pence supported the Defense of Marriage Act and voted to block federal courts from making a decision on DOMA’s provision allowing states not to recognize other state’s same-sex marriages.
- Pence’s opposition to marriage equality extended to the military, as Pence voted to bar allowing military chaplains from performing same-sex weddings and to prohibit military chapels from being able to host same-sex weddings.
- In 2014, after a federal judge ruled Indiana’s gay marriage ban was unconstitutional, Pence’s administration sent out a memo instructing state agencies not to recognize same-sex marriages.
Pence signed Indiana’s discriminatory Religious Freedom Restoration Act, that could have allowed businesses to deny services to LGBTQ individuals based on religious reasons:
- Pence repeatedly defended his signing of the legislation, claiming that the law not about discrimination, but about religious liberty. Pence also cited the Supreme Court’s decision in the Hobby Lobby case, saying the legislation was needed because the Supreme Court ruled that federal religious freedom laws did not apply to the states. Pence also claimed that Indiana’s legislation mirrored federal legislation, which did not discriminate. Pence said he was “proud” to sign the legislation and that he would “certainly” do it again.
- After refusing to adhere to calls to change the law, Pence called for clarification legislation to be added to the act to make it clear that no one could discriminate. Pence signed the new legislation, which eliminated the potential erosion of LGBTQ protections in local communities.
- Editorials blasted Pence for his decision to sign the legislation. The Indianapolis Star said “our image” and “our reputation as a state” were at risk because of the law. Several Indiana news editorial boards said the legislation was discriminatory against LGBTQ, and hurt the reputation of the state.
- In 2016, Pence opposed the administration directive allowing transgender students to use the bathroom matching with the gender that they identify with.
¶ Pence Called Homosexuality A “Lifestyle Choice”
¶ Pence Said Being Gay Was A “Lifestyle Choice”
Pence Said Being Gay Was A “Lifestyle Choice.” According to The Indianapolis Star, “Pence, who has said he believes that being gay is a ‘lifestyle choice,’ also worried that a bill to protect gays and lesbians from workplace discrimination could be used to discriminate against Christians.” [Indianapolis Star, 4/12/15]
¶ Pence Supported Redirecting Federal HIV/Aid Money To Conversion Therapy
¶ 2000: Pence Called To Re-Direct Federal HIV/AIDS Dollars To Institutions Who Offered Conversion Therapy
2000: Pence Called For Directing Federal Dollars From “Organizations That Celebrate And Encourage The Types Of Behaviors That Facilitate The Spreading Of The HIV Virus” To Institutions “Who Provide Assistance To Those Seeking To Change Their Sexual Behavior.” According to Mike Pence For Congress, “• Congress should support the reauthorization of the Ryan White Care Act only after completion of an audit to ensure that federal dollars were no longer being given to organizations that celebrate and encourage the types of behaviors that facilitate the spreading of the HIV virus. Resources should be directed toward those institutions which provide assistance to those seeking to change their sexual behavior.” [Mike Pence For Congress via Wayback Machine, 2000]
¶ Major HIV Outbreak Hit Southern Indiana Under Pence’s Leadership
EMILY’s List: A Major HIV Outbreak Hit Southern Indiana Under Pence’s Leadership After The Closure Of A Planned Parenthood Clinic. According to Fort Wayne Journal Gazette, “EMILY’s List on Tuesday named Gov. Mike Pence one of its top targets for 2016 - making him the first governor to be put ‘on notice’ for the upcoming election cycle. […] The group also said a major HIV outbreak hit southern Indiana under Pence’s leadership following the closure of a Planned Parenthood in southern Indiana that previously provided HIV testing.” [Fort Wayne Journal Gazette, 6/10/15]
¶ Pence Opposed The Employment Non-Discrimination Act
¶ 2007: Pence Voted Against ENDA
2007: Pence Voted Against Prohibiting Job Discrimination On The Basis Of Sexual Orientation. In November 2007, Pence voted against a bill that would have, according to Congressional Quarterly, “prohibit[ed] job discrimination on the basis of an individual’s actual or perceived sexual orientation. It would [have] define[d] sexual orientation as heterosexuality, homosexuality or bisexuality. An employee who alleged discrimination would [have] be[en] required to demonstrate that the nature of the discrimination was intentional. As amended, it would [have] exempt[ed] religious organizations. It also would [have specified] that the bill would not [have] alter[ed] the federal definition of marriage as being between a man and woman.” The vote was on passage of the Employment Non-Discrimination Act of 2007. The House passed the bill by a vote of 235 to 184. The Senate took no substantive action. [House Vote 1057, 11/7/07; Congressional Quarterly, 11/7/07; Congressional Actions, H.R. 3685]
- Supporters Said ENDA Would Be An Important Step Towards Equality For All Americans. According to the Congressional Record, Rep. Kathy Castor (D-FL) said, “Mr. Speaker, I am proud to rise today in support of the Employment Non-Discrimination Act of 2007 and passage of this rule. By passing this bipartisan legislation today, the House of Representatives will take another step, important step, towards equality for all Americans.” [Congressional Record, 11/7/07]
- Opponents Said Bill Would Prohibit Discrimination On Extremely Hard-To-Define Measures And Vague Language, And Trial Lawyers Would Take Advantage Of The Law. According to the Congressional Record, Rep. Ginny Brown-Waite (R-FL) said, “Primarily, I’m opposed to the measure’s unclear wording that could easily lead to wide-ranging and serious consequences. This bill would prohibit discrimination, which is a good thing, on extremely hard-to-define measures such as an individual’s perceived characteristics. I think it’s the perception and the ‘perceived’ language in here that is very troubling to me as a former small business owner with up to 15 employees. It would be impossible for employers to operate a business while having to worry about being accused of mistreating someone based on the employee’s ‘perceived characteristics.’ This ill-conceived, vague language is nothing more than a golden ticket for America’s trial lawyers. This loose wording is also an invitation for accusations by disgruntled employees who want to take advantage of a poorly constructed law.” [Congressional Record, 11/7/07]
¶ Pence Said Employment Discrimination Protections Could Wage War On Religious Freedom
2007: Pence: The Problem With ENDA Was That “Employment Discrimination Protections, In Effect, Can Wage War On The Free Exercise Of Religion In The Workplace.” According to a Mike Pence press release obtained via Congressional Press Releases, “The problem here is that by extending the reach of federal law to cover sexual orientation, employment discrimination protections, in effect, can wage war on the free exercise of religion in the workplace.” [Congressional Press Releases, 11/7/07]
2007: Pence: ENDA “Sets Up Something Of A Constitutional Conflict Between The Right To Religious Freedom In The Workplace And Another Person’s Newly Created Right To Sue You For Practicing Your Faith.” According to a Mike Pence press release obtained via Congressional Press Releases, “In effect, as it has been said already, this sets up something of a Constitutional conflict between the right to religious freedom in the workplace and another person’s newly created right to sue you for practicing your faith or acknowledging your faith in the workplace.” [Congressional Press Releases, 11/7/07]
¶ Pence Opposed Including Sexual Orientation In Hate Crimes Laws
¶ 2004 – 2009: Pence Voted Against Covering Sexual Orientation In Hate Crime Laws
Pence Voted Against Federal Hate Crimes Laws To Include Sexual Orientation, Gender, Or Disability.
| Year | Bill |
| 2004 | House Vote 473, 9/28/04; Congressional Quarterly, 9/28/04; Congress.gov, H. Rept. 108-767; Congressional Actions, H.R. 4200 |
| 2005 | House Vote 469, 9/14/05; Congressional Quarterly, 9/14/05; Congressional Quarterly, 9/14/05; Congressional Quarterly, 9/19/05; Congressional Actions, H. Amdt. 544; Congressional Actions, H.R. 3132] |
| 2007 | House Vote 299, 5/3/07; Congressional Quarterly, 5/3/07; Congressional Actions, H.R. 1592 |
| 2009 | House Vote 770, 10/8/09; Congressional Quarterly, 10/8/09; Congressional Actions, H.R. 2647 |
| 2009 | House Vote 223, 4/29/09; Congressional Actions, H.R. 1913; Congressional Quarterly, 4/29/09 |
¶ Pence Believed It Penalized Religious Thoughts And Beliefs
2007: Mike Pence Opposed A Hate Crimes Bill Because He Said It Would Threaten Religious Liberties. According to States News Service, “U.S. Congressman Mike Pence issued the following statement today opposing the Democrat ‘hate crimes’ bill being considered by the U.S. House today that would threaten religious leaders and groups with criminal prosecution.” [States News Service, 5/3/07]
Pence Said He Had “Disdain” For Certain Thoughts Or Beliefs, But Opposed The Bill Because It Encompassed Religious, Or “Legitimate,” Beliefs. According to a Mike Pence press release obtained via Congressional Press Releases, “Some of these thoughts, beliefs or attitudes such as racism and sexism are abhorrent, and I disdain them. However, the hate crimes bill is broad enough to encompass legitimate beliefs, and protecting the rights of freedom of speech and religion must be paramount in our minds.” [Congressional Press Releases, 5/3/07]
¶ 2009: Pence Voted To Expand The Hate Crimes Prevention Act To Include Discrimination Based On Age, Armed Forces, Or Law Enforcement Status While Also Authorizing The Death Penalty For Certain Hate Crimes
2009: Pence Voted To Expand The Hate Crimes Prevention Act To Include Discrimination Based On Age, Armed Forces, Or Law Enforcement Status While Also Authorizing The Death Penalty For Certain Violent Hate Crimes. In April 2009, Pence voted for an amendment that would have, according to Congressional Quarterly, “authorize[d] the death penalty for certain violent hate crimes and expand[ed] federal hate crimes law to cover acts committed against individuals based on their age, or armed forces or law enforcement status.” The underlying bill pertained to expanding the groups covered under hate crimes laws. The vote was on a motion to recommit the bill with the amendment. The House rejected the motion by a vote of 185 to 241. [House Vote 222, 4/29/09; Congressional Actions, H.R. 1913; Congressional Quarterly, 4/29/09]
- Supporters Said Police Officers And The Elderly Were Specifically Targeted For Attacks And Therefore Needed To Be A Protected Group. According to the Congressional Record, Rep. Louie Gohmert (R-TX) said, “And there is absolutely no question that law enforcement officers are frequently targeted specifically because of who they are and because they are wearing the uniform and attempting to protect all the rest of us. We have so many brave public servants. Even in this building people have given their lives so that others in the building could have theirs. That needs to be honored. The statistics show that even though the number of hate crimes, or crimes reportedly committed because of bias or prejudice, are lower now than they were 10 years ago. Those crimes have increased against law enforcement. Age is another class that should be protected. The statistics are clear, and we have seen film evidence of elderly being attacked because they were perceived as elderly and less able to protect themselves. They deserve to be protected. These are classes that should be.” [Congressional Record, 4/29/09]
¶ Pence Said There Was No Evidence Of Gender-Based Hate Crimes
¶ Believed Gender Based Hate Crimes Laws Were Unnecessary
Pence: “Some Of These Thoughts, Beliefs And Attitudes, Such As Pence: Gender-Based Hate Crimes Included In 2010 Defense Spending Bill “Are Antithetical To Those First Amendment Traditions And Unnecessary.” According to a Mike Pence press release obtained via Office Of Rep. Mike Pence, “But on to the substance of hate crimes. I find myself in strong agreement this day with Thomas Jefferson who said legislative powers of government reach actions only, and not opinions. And he actually connected that very principle with the foundation and rationale for the First Amendment. Hate crimes provisions in this legislation, as before, are antithetical to those First Amendment traditions and unnecessary.” [Office Of Rep. Mike Pence, 10/08/09]
¶ Believed There Was No Evidence Of Gender-Based Hate Crimes
April 2009: Pence Found Bill Against Gender-Based Hate Crimes Unnecessary Because There Was Not “Any Evidence Of Any Hate Crimes Occurring Against Individuals For Gender Identity.” According to a press release obtained via The Office Of Rep. Mike Pence, “But even to those who believe that this legislation is appropriate, I must say that it is also important for our colleagues and anyone looking in to understand that this legislation is also unnecessary. The underlying offense in each of these crimes is already fully and aggressively prosecuted in all 50 states. This bill designates in particular gender identity for federally protected status. Without, I might add, any evidence of any hate crimes occurring against individuals for gender identity.” [Office Of Rep. Mike Pence, 4/29/09]"
April 2009: Pence: “The Hate Crimes Statistics Act Of 1990 Never Collected Any Data To Show That Such Hate Crimes Are Even Occurring,” Against “People Who Described Themselves As Transsexuals” Or Other People Based On Gender Identity. According to a press release obtained via The Office Of Rep. Mike Pence, “The hate crimes bill before us today makes a federal offense out of any violent crime that is alleged to be motivated by gender identity, including, for instance, people who describe themselves as transsexuals. Even though the Hate Crimes Statistics Act of 1990 never collected any data to show that such hate crimes are even occurring. In fact, the truth be told, FBI Statistics show that the incidents described as hate crimes have declined over the last 10 years for which we have data. In 1997, a total of 8,000 what are called biased motivated criminal incidents were reported to the FBI Data for three of the last 10 years, 2003 through 2005, demonstrated a steady decline in the number of those crimes and the incident as the present day approaches decline even further.” [Office Of Rep. Mike Pence, 4/29/09]
¶ As Governor, Pence Opposed Adding Sexual Orientation As A Protected Class
Pence Said He Would Not Support Adding Sexual Orientation As A Protected Class Under The State’s Civil Rights Laws. According to Fort Wayne Journal Gazette, “Republican Indiana Gov. Mike Pence on Sunday defended the religious freedom bill that he signed last week, saying the growing outrage over the legislation stems from ‘a tremendous amount of misinformation and misunderstanding.’ […] Pence added that the measure would apply only to disputes between individuals when government action is involved. He said similar laws for the federal government and more than a dozen states have never been used to undermine anti-discrimination laws. The governor said he expects additional legislation this week to clarify the intent of the law. One idea under consideration is a proposal to add sexual orientation as a protected class under the state’s civil rights laws. ‘I will not push for that,’ Pence said. ‘That’s not on my agenda, and that’s not been an objective of the people of the state of Indiana.’” [Fort Wayne Journal Gazette, 3/30/15]
¶ Pence Opposed LGBTQ Individuals Serving In The Military
¶ Pence: “Homosexuality Is Incompatible With Military Service”
¶ Homosexuality Would Weaken “Unit Cohesion”
Pence, 2000: “Homosexuality Is Incompatible With Military Service Because The Presence Of Homosexuals In The Ranks Weakens Unit Cohesion.” According to Mike Pence For Congress, “In addition to defense spending, Congress should lead a national debate on reforming the military by: […] • (4) bringing an end to the ‘don’t ask/don’t tell’ policy of permitting homosexuals to serve in the armed forces. Homosexuality is incompatible with military service because the presence of homosexuals in the ranks weakens unit cohesion.” [Mike Pence Announcement Speech via Wayback Machine, 2000]
November 2010: Pence Claimed The Repeal Of Don’t Ask, Don’t Tell Would Impact “Unit Cohesion, Would Have An Impact On Recruitment, Would Have An Impact On Readiness.” According to the transcript of a Mike Pence interview with MSNBC obtained via Federal News Service, “PENCE: Well, I would still have a problem with it, because there’s no question that to mainstream homosexuality within the active duty military would have an impact on unit cohesion, would have an impact on recruitment, would have an impact on readiness.That’s been established and written about and chronicled for many, many years. And I believe we need to continue to keep the focus of our military on the mission of the military. Don’t ask, don’t tell was a compromise back in the early ‘90s. It’s been a successful compromise. We ought to leave it like it is and not run the risk of impacting the readiness of our military or recruitment for our military because of an effort to advance some liberal domestic social agenda.” [Federal News Service, 11/18/10]
Pence Claimed Ending Don’t Ask Don’t Tell Policies Would Add An Undue Amount Of Complications. According to The Indianapolis Star, “He also opposed President Barack Obama’s decision to end the ‘don’t ask, don’t tell’ policy. Allowing openly gay and lesbian people to serve in the military, PENCE said, adds an undue amount of complication to already tense situations. He says that’s a military concern, but he’s open about his support of traditional values. He also opposes the president’s belief that gay marriage should be legal. ‘I do think my upbringing and my experiences and my faith’s traditions,’ PENCE said, ‘all have contributed to my strong belief that marriage is between one man and one woman.’” [Indianapolis Star, 10/7/12]
¶ Pence Thought The Military Should Not Be Used To “Advance A Liberal Social Agenda”
November 2010: Pence Did Not Believe The Military Should Be Used To “Advance A Liberal Social Agenda.” According to the transcript of a Mike Pence interview with MSNBC obtained via Federal News Service, “JANSING: And let me ask you finally, again, it’s going on over on the Senate side, but it’s something that all of Capitol Hill is talking about, and that’s the decision on don’t ask, don’t tell. We have been seeing in poll after poll that more and more Americans believe that gays should be able to serve openly in the military.We’ve gotten every indication that the big study that was done by the military shows that the vast majority of service members and their families don’t have a problem with it. Where do you stand, sir? PENCE: Well, where I stand is, I don’t believe we should be using the American military or our armed forces to advance a liberal social agenda or to engage in the practice of domestic politics.” [Federal News Service, 11/18/10]
Pence, 2010: “I Don’t Believe The Time Has Come To Repeal Don’t Ask Don’t Tell. I Really Believe Our Soldiers That Are At The Tip Of The Spear Know That.” According to a transcript of John King USA, “KING: You in the same place, Congressman? PENCE: I really am. Number one, there’s no higher priority for the national government than to provide for the common defense. We ought not to use the American military as a backdrop for social experimentation or debating domestic policy issues. The focus ought to be on readiness, it ought to be on recruitment, it ought to be on retention, unite cohesion. I have to tell you, John, what I heard when I was in Afghanistan about a week ago, I was in a mess hall. I sat down completely unscripted conversation with about a dozen different soldiers on the front lines in operation enduring freedom. There were Democrats at the table, Republicans at the table. To my memory every single combat soldier said, go back to Congress and tell them don’t do this. When you look at that pentagon study, there’s a difference between the opinions expressed in that survey by people that are down range in combat versus other people serving in different roles in the military. So I don’t believe the time has come to repeal don’t ask don’t tell. I really believe our soldiers that are at the tip of the spear know that. We ought to put their interests and the interests of our national security first.” [Transcript – John King USA, 12/2/10]
¶ 2010: Pence Voted Three Times Against Repealing “Don’t Ask, Don’t Tell”
Pence Votes Against Repealing "Don't Ask, Don't Tell"
| Year | Bill |
| 2010 | House Vote 638, 12/15/10; Congressional Actions, H.R. 2965; Congressional Quarterly, 12/15/10 |
| 2010 | House Vote 336, 5/28/10; Congressional Actions, H.R. 5136; Congressional Quarterly, 5/28/10; Public Law 111-383, 111-321 |
| 2010 | House Vote 317, 5/27/10; Congressional Quarterly, 5/27/10 |
¶ Pence Opposed Marriage Equality
¶ “Outspoken Supporter” Of Constitutional Amendment That Marriage Should Be Between One Man And One Woman
Pence Was An Outspoken Supporter Of An Amendment To The U.S. Constitution Defining Marriage As Between A Man And A Woman. According to The Indianapolis Star, “Pence was more outspoken than many Republicans in his championing of a federal constitutional amendment defining marriage as the union of a man and a woman, insisting it was not a form of discrimination. Marriage, he said in multiple floor speeches, was ‘ordained by God.’” [Indianapolis Star, 4/12/15]
Pence Said That Marriage Between Man And Woman Is The Nucleus Of American Society And “Should Be Elevated, Held Higher Than, Esteemed More Under The Law Than Any Other Relationship.” According to the Columbus Republic, “Pence said he opposed gay marriages and hate-crimes legislation. He said that marriage between man and woman is the nucleus of American society and ‘should be elevated, held higher than, esteemed more under the law than any other relationship.’” [Columbus Republic, 9/22/00]
Pence, 2000: “Congress Should Oppose Any Effort To Put Gay And Lesbian Relationships On An Equal Legal Status With Heterosexual Marriages.” According to Mike Pence For Congress, “• Congress should oppose any effort to put gay and lesbian relationships on an equal legal status with heterosexual marriage.” [Mike Pence For Congress via Wayback Machine, 2000]
Pence Said Marriage Must Be Protected From Activist Judges. According to The Franklin: Franklin College, “Pence has also been more vocal than Daniels about his support for Indiana’s proposed marriage amendment, saying that ‘marriage matters’ and it must be protected against activist judges who might redefine it, despite an Indiana law that permits marriage only between one man and one woman.” [Franklin: Franklin College, 9/7/11]
¶ Traditional And Common Values
Pence: “To Reverse American Decline, We Should Recognize That Our Present Crisis Is … Moral In Nature. We Must Win Back America For The Fundamental Traditional Values Of The American People. The Sanctity Of Life And The Sanctity Of Marriage.” While appearing on Federal News Service, Pence said, “And finally, to reverse American decline, we should recognize that our present crisis is not merely economic and political, but moral in nature. (Pause.) (Applause.) We must win back America for the fundamental traditional values of the American people. The sanctity of life -- (applause) -- and the sanctity of marriage. (Applause.)” [Federal News Service, 2/19/10]
September 2010: Pence Claimed That Everyone Who Cherishes “Common Values” In The United States Would Support The Republican Party’s Statement About “Traditional Marriage.” According to the transcript of a Mike Pence interview with FOX News obtained via Federal News Service, “PENCE: Well, look, first and foremost, what they’re going to see in the Pledge to America today -- which was not in the original Contract with America, Gretchen -- is a statement about the sanctity of life and a statement about traditional marriage. And I think that -- I think that’s an important accomplishment for everyone in this country that cherishes the common values of our country. Now, I think it was important that Republicans make an affirmative statement in favor of traditional marriage in a pledge to America. We’ve done that.” [Federal News Service, 9/23/10]
Pence, 2006: “Societal Collapse Was Always Brought About Following An Advent Of The Deterioration Of Marriage And Family.” According to TIME, “He said gay couples signaled ‘societal collapse’ In 2006, as head of the Republican Study Committee, a group of the 100 most-conservative House members, Pence rose in support of a constitutional amendment that would have defined marriage as between a man and a woman. Citing a Harvard researcher, Pence said in his speech, ‘societal collapse was always brought about following an advent of the deterioration of marriage and family.’ Pence also called being gay a choice and said keeping gays from marrying was not discrimination, but an enforcement of ‘God’s idea.’” [TIME, 7/15/16]
¶ Believed Changing The Definition Of Marriage Meant Abolishing Marriage
Pence: “If We Change The Definition Of Marriage You’re Really Abolishing Marriage.”According to States News Service, “In addition, gay marriage is a loud topic that is not likely to became mute. The ‘need to defend traditional marriages’ will come before the next president and supreme court, he said, and this is not a social change that can be allowed to pass for the good of American society. ‘If we change the definition of marriage you’re really abolishing marriage. I don’t think we really want to see a society without that strong centerpiece of a heterosexual marriage,’ Pence said.” [States News Service, 3/31/08]
Pence: “Marriage Was Ordained By God, Confirmed By Law, Is The Glue Of The American Family And The Safest Harbor For Children.” According to a press release from the office of Representative Pence, “‘The President rightly called marriage, ‘the most enduring human institution,’ and so it is. Marriage was ordained by God, confirmed by law, is the glue of the American family and the safest harbor for children.’” [Press Release – Office of Rep. Pence, 3/8/04]
Pence: Marriage Must Be Defended Against The Onslaught Of The Left, In The Congress, In The Courts, And If Need Be, In The Constitution Of The United States.While appearing on Federal News Service, Pence said, “Marriage was ordained by God, instituted in the law, is the glue of the American family and the safest harbor to raise children, and it must be defended against the onslaught of the left, in the Congress, in the courts, and if need be, in the Constitution of the United States of America.” [Federal News Service, 2/19/10]
¶ Constitutional Ban Of Same-Sex Marriage
¶ Pence Co-Sponsored A Constitutional Ban On Same-Sex Marriage
| Year | Bill |
| 2009 | CRS via Congressional Quarterly, H. J. Res. 37; Congressional Quarterly, 6/9/10 |
| 2009 | CRS via Congressional Quarterly, H. J. Res. 50; Congressional Quarterly, 2/24/10 |
| 2008 | CRS via Congressional Quarterly, H. J. Res. 22; Congressional Quarterly, 10/3/09 |
| 2006 | H. J. Res. 88.;Congressional Quarterly, 9/15/06 |
| 2004 | H. J. Res. 106.; Congressional Quarterly, 10/13/04 |
| 2003 | CRS via Congressional Quarterly, H. J. Res. 56; Congressional Quarterly, 10/11/04 |
| 2002 | CRS via Congressional Quarterly, H. J. Res. 93; Congressional Quarterly, 11/14/02 |
2006: Pence Op-Ed: Congress Should Pass The Marriage Protection Amendment “To Ensure That Marriage, The Union Of A Woman And A Man As Husband And Wife, Is Not Redefined By Activist Judges.” In a Human Events Online op-ed Rep. Mike Pence wrote, “Acting on the RSC Top 10 is the best hope for renewing the confidence of the American people in our commitment to fiscal discipline and reform. […]5. Pass the Marriage Protection Amendment, to ensure that marriage, the union of a woman and a man as husband and wife, is not redefined by activist judges.” [Human Events Online, 2/28/06]
¶ 2013 – 2014: Pence Expressed Renewed Support For Constitutional Ban On Same-Sex Marriage
2013 And 2014: Pence Expressed Renewed Support For Putting A Proposed State Constitutional Ban On Gay Marriage Before Indiana Voters In 2014. According to the Indianapolis Star, “That much became clear Thursday, as Gov. Mike Pence navigated the blowback from his staff’s deletion of hundreds of comments on his official Facebook page that the governor’s office deemed uncivil. The commenters were responding to the posting Wednesday of Pence’s statement expressing his renewed support for putting a proposed state constitutional ban on gay marriage before Indiana voters in 2014. Some said they believe their comments were deleted simply because they opposed the governor’s position, not because they were disrespectful.” [Indianapolis Star, 6/28/13] [Fort Wayne Journal Gazette, 1/15/14]
¶ Pence Preferred The Same-Sex Marriage Ban That Included Banning Civil Unions Too
Pence Preferred The Same-Sex Marriage Ban That Included A Second Sentence That Banned Civil Unions. According to the Indianapolis Star, “Gov. Mike Pence prefers the original version of the same-sex marriage ban, the one that included a second sentence that bans civil unions, his office said Friday. The House removed the civil union ban this week before sending the controversial measure to the Senate for consideration. If the proposal is approved as altered, it would delay a voter referendum on the issue until at least 2016, when the governor’s race is on the ballot.” [Indianapolis Star, 2/1/14]
¶ Non-Constitutional Bans On Same-Sex Marriage
2004: Pence Co-Sponsored Legislation That Would Have Defined Marriage As Between A Man And A Woman. In July 2004, Pence co-sponsored H.R. 4892, which according to CRS via Congressional Quarterly, “Provides that marriage in the United States shall consist only of the union of a man and a woman. Gives the U.S. Supreme Court original jurisdiction to hear and determine a claim arising under this Act. Prohibits any other Federal court or any State court from having jurisdiction to hear or determine such a claim.” The full House never considered the legislation. [CRS via Congressional Quarterly, H.R. 4892; Congressional Quarterly, 10/11/04]
- 2004: Pence: “Whether We Achieve That Constitutional Super Majority Necessary To Send The Issue Of The Federal Marriage Amendment To The American People Is Yet To Be Seen. But We’ll Move On The Bill. We’ll Move On It Aggressively, And With The President’s Leadership I Believe We’ll Make Significant Gains Towards Defending Marriage Traditionally Defined.”While appearing on CNN, Pence said, “Oh, I don’t think there’s any question that the defense of traditional marriage will be a centerpiece of the debate on Capitol Hill. And now with at least seven new sympathetic members in the United States Senate, along with a strengthened majority in the House of Representatives, I believe we’ll have greater success. Whether we achieve that constitutional super majority necessary to send the issue of the federal marriage amendment to the American people is yet to be seen. But we’ll move on the bill. We’ll move on it aggressively, and with the president’s leadership I believe we’ll make significant gains toward defending marriage traditionally defined.” [CNN, 12/20/04]
¶ Washington, D.C.
¶ Pence Co-Sponsored Legislation To Prohibit Washington, D.C. From Issuing Marriage Licenses To Same-Sex Couples
2010: Pence Co-Sponsored Legislation That Would Have Prohibited Washington, D.C. From Issuing A Marriage License To Same-Sex Couples Before D.C. Holds A Referendum Or Question On The Issue. In March 2010, Pence co-sponsored H.R. 4430, which according to CRS via Congressional Quarterly, “Prohibits the government of the District of Columbia from issuing a marriage license to any couple of the same sex until the people of the District have the opportunity to hold a referendum or initiative on the question of whether the District should issue same-sex marriage licenses.” The bill was never considered by the full House. [CRS via Congressional Quarterly, H.R. 4430; Congressional Quarterly, 8/11/10]
¶ Pence Co-Sponsored Legislation Defining Marriage As Between one Man And One Woman In Washington, D.C.
2009: Pence Co-Sponsored Legislation Defining Marriage As Between One Man And One Woman In Washington, D.C. In May 2009, Pence co-sponsored H.R. 2608, which, according to CRS via Congressional Quarterly, “Defines ‘marriage’ for all legal purposes in the District of Columbia to mean the union of one man and one woman.” The bill was never considered by the full House. [CRS via Congressional Quarterly, H.R. 2608; Congressional Quarterly, 7/30/10]
¶ Defense Of Marriage Act (DOMA)
¶ Pence Co-Sponsored Legislation In Support Of DOMA
October 2003: Pence Co-Sponsored Marriage Protection Act H.R. 3313. [Congressional Quarterly, 9/27/04]
2011: Pence Co-Sponsored Legislation That Condemned The Obama Administration’s Decision To Not Defend The Defense Of Marriage Act. In March 2011, Pence co-sponsored H. Con. Res. 25, which, according to CRS via Congressional Quarterly, “Condemns the Obama administration’s direction that the Department of Justice (DOJ) should discontinue defending the Defense of Marriage Act (DOMA) and demands that the DOJ continue to defend DOMA in all instances.” The resolution was never considered by the full House. [CRS via Congressional Quarterly, H. Con. Res. 25; Congressional Quarterly, 6/24/11; Congressional Actions, H. Con. Res. 25]
¶ 2004: Pence Voted To Block Federal Courts From Ruling On DOMA’s Provision Allowing States Not To Recognize Same-Sex Marriages From Other States
2004: Pence Voted To Block Federal Courts From Making A Decision On The Defense Of Marriage Act’s (DOMA) Provision Allowing States To Not Recognize Other States’ Same-Sex Marriages. In July 2004, Pence voted for a bill that would have, according to Congressional Quarterly, “bar[red] federal courts, including the Supreme Court, from hearing cases related to provisions in the Defense of Marriage Act […] that allow states to refuse to recognize same-sex marriage licenses issued in other states or jurisdictions. Under the measure, federal courts would not be permitted to hear cases or questions relating to ‘the interpretation of, or the validity under the Constitution’ of provisions of DOMA that allow states, territories and American Indian tribes to refuse to recognize same-sex marriage licenses issued in other jurisdictions. The measure would not bar state courts from hearing cases relating to same-sex marriage.” The House approved the bill, the “Marriage Protection Act of 2004,” by a vote of 233 to 194. The Senate took no substantive action on the bill. [House Vote 410, 7/22/04; Congressional Quarterly, 7/22/04; Congressional Actions, H.R. 3313]
- Supporters Said States And The American People Should Define Marriage Rather Than The Federal Courts. According to the Congressional Record, then-House Majority Leader Tom DeLay (R-TX) said, “I really feel that, I fear that the debate about homosexual marriage, which has recently been thrust upon the entire Nation by the Supreme Judicial Court of Massachusetts, has begun to deviate from a productive conversation about public policy. […] Mr. Speaker, we are elected to judge policies, not people, and the policy before us today, the Marriage Protection Act, would reaffirm the current national consensus on homosexual marriage by leaving to the States and to the American people the right to define marriage in this country.” [Congressional Record, 7/22/04]
- Opponents Said That Blocking Federal Courts From Deciding A Statute’s Constitutionality Would Itself Violate The Constitution. According to the Congressional Record, Rep. John Conyers, Jr. (D-MI) said, “This is not about marriage. This is about whether the third branch of government, the judiciary, since Marbury v. Madison will continue to be the arbiter of what is constitutional in the American system. So I begin by pointing out that to deny any branch, any issue the right to full judicial review would bring about more chaos than even the proponent of this change, which is patently unconstitutional, would want. The legislation is the first of its kind that has ever been brought to the floor of the House of Representatives.” [Congressional Record, 7/22/04]
¶ Military
¶ Pence Voted To Bar Military Chaplains From Performing Same-Sex Weddings
2010: Pence Voted To Bar The Defense Department From Instructing Military Chaplains That They Can Perform Same-Sex Weddings. In July 2011, Pence voted for an amendment that, according to Congressional Quarterly, “would [have] bar[red] the use of funds in the bill to implement the curriculum of the Chaplain Corps Tier One 'Don't Ask, Don't Tell' repeal training dated April 2011.” The House adopted the amendment to the fiscal year 2012 Defense Department appropriations bill by a vote of 236 to 184; and the amended bill later passed the House. The bill was later incorporated into a compromise Consolidated Appropriations Act for Fiscal Year 2012, however, the compromise measure did not include the provisions of this amendment. [House Vote 528, 7/8/11; Congressional Quarterly, 7/8/11; Congressional Actions, H.R. 2219; Congressional Actions, H.R. 2055; House Report 112-331, 12/15/11]
¶ Pence Voted To Prohibit Military Chapels From Being Used For Same-Sex Weddings
2011: Pence Effectively Voted To Prohibit Military Chapels From Being Used For Same-Sex Weddings. In July 2011, Pence voted for an amendment that would have, according to Congressional Quarterly, “bar[red] the use of funds in the bill to contravene the Defense of Marriage Act.” Additionally, according to the National Review, “the House passed the Foxx Amendment, which affirmed that the Defense of Marriage Act applies to military installations. The amendment came in response to a memo the Navy had circulated stating that military chapels could be used for same-sex weddings in states that allow the practice -- a policy the Navy temporarily rescinded after a public furor, and has said is still under review.” The Underlying bill pertained to funding the Department of Defense for FY2012. The vote was on agreeing to the amendment; The House adopted the amendment by a vote of 248 to 175. The House further amended and passed the underlying bill, but the Senate took no substantive action. [House Vote 516, 7/7/11; Congressional Quarterly, 7/7/11; National Review, 8/1/11; Congressional Actions, H.R. 2219]
¶ Supreme Court Ruling
¶ Pence Supported Giving States The Power To Define Marriage
Pence Supported Giving Individual States The Power To Define Marriage. According to a statement from the Office of Governor Mike Pence, “While I am disappointed that the Supreme Court has overturned the federal Defense of Marriage Act, I am grateful that today’s decisions respect the sovereignty of states on this important issue. These decisions preserve the duty and obligation of the states to define and administer marriage as they see fit. Now that the Supreme Court has had its say on the federal government’s role in defining marriage, the people of Indiana should have their say about how marriage is understood and defined in our state.” [Office of Governor Mike Pence, 6/26/13]
¶ Pence Wanted To Be Excluded From Same-Sex Marriage Lawsuits, Saying He Did Not Have The Authority To Enforce The Indiana Law Concerning Same-Sex Marriage
Pence Requested To Be Excluded From Same-Sex Marriage Lawsuits, And Claimed He Did Not Have The Authority To Enforce The Indiana Law Concerning Same-Sex Marriage. According to IndyStar, “A federal judge ruled Tuesday on the last remaining same-sex marriage case in Indiana, once again overturning the state’s ban on gay marriage, at least in part. […] The case, Bowling v. Pence, was the only one of the five cases challenging Indiana’s ban on gay marriage still left undecided in U.S. District Court. […] The 7th Circuit is expected to hear oral arguments in that case next Tuesday. In his latest ruling, Young also questioned arguments from Gov. Mike Pence that he should be kept out of same-sex marriage lawsuits filed in the state. A similar lawsuit, Love v. Pence, was earlier dismissed, after Pence argued that he does not have any authority to enforce the Indiana law concerning same-sex marriage.” [IndyStar, 8/19/14]
¶ June 2014: Pence Declared That Indiana Will Uphold The Rule Of Law
Pence: “While My Views Are What They Are, I Want Hoosiers To Know We’ll Uphold The Rule Of Law.” According to the Associated Press State & Local, “But he then added, ‘while my views are what they are, I want Hoosiers to know we’ll uphold the rule of law.’ It’s a far cry from the firebrand who had many in the Republican party base swooning over a possible presidential run in 2012.” [Associated Press State & Local, 8/24/14]
November 2014: Pence Believed In Marriage Between A Man And A Woman But Would Respect The Rule Of Law. According to the transcript of a Mike Pence interview with FOX News, “PENCE: Well, I will always believe marriage is between one man and one woman. I respect the law. I respect the role of the courts in our form of government. And we’ll hew to the rule of law in the state of Indiana.” [FOX News, 11/20/14]
¶ July 2014: After District Judge Ruled Indiana’s Gay Marriage Ban Unconstitutional, Pence’s General Counsel Sent Out Memo Instructing State Agencies Not To Recognize Same-Sex Marriages
July 2014: After A District Judge Ruled That Indiana’s Gay Marriage Ban Was Unconstitutional, Pence’s General Counsel Sent Out A Memo Instructing State Agencies Not To Recognize Gay Marriages. According to the Fort Wayne Journal Gazette, “A memo from Gov. Mike Pence’s general counsel has instructed state agencies not to recognize gay marriages that occurred during a three-day period after a federal ruling allowing same-sex unions. The directive went out Monday, though the administration did not make it public. Mark Ahearn said in the directive that the state’s gay marriage ban ‘is in full force and effect and executive branch agencies are to execute their functions as though the U.S. District Court Order of June 25, 2014, had not been issued.’ U.S. District Judge Richard Young ruled that day that the ban was unconstitutional. The 7th Circuit Court of Appeals issued a stay of that ruling late June 27.” [Fort Wayne Journal Gazette, 7/10/14]
¶ September 2014: Federal Judge Reinstated A Claim Against Pence Over The State’s Refusal To Recognize Same-Sex Marriages Performed Outside Of The State
September 2014: Federal Judge Reinstated A Claim Against Pence Over The State’s Refusal To Recognize Gay Marriages Performed Outside Of The State. According to the Associated Press State & Local, “A federal judge has reinstated four same-sex couples’ claim against Indiana Gov. Mike Pence over the state’s refusal to recognize gay marriages performed out of state. Judge Richard Young said in a ruling Tuesday that he had initially dismissed the couples’ claim against Pence, but he reinstated part of the lawsuit because Pence had shown he had power to enforce the ban despite claims that he had no such control. ‘The Governor is vested with the executive authority in Indiana and has exercised his authority to declare how state executive agencies should act,’ Young said in his eight-page ruling.” [Associated Press State & Local, 9/17/14]
¶ September 2014: Pence: “I Will Never Waver In My Belief In The Importance Of Traditional Marriage.”
Pence: “I Will Never Waver In My Belief In The Importance Of Traditional Marriage To Our Society And Our Community And The People Of This Great State.” According to the Indianapolis Star, “Amid the ongoing battle over Indiana’s legal definition of marriage, Gov. Mike Pence has said he will uphold the law, whatever it dictates about marriage. But, he told conservatives at a reception Thursday night in Carmel, it will not change his support for what he calls traditional family values. ‘I will never waver in my belief in the importance of traditional marriage to our society and our community and the people of this great state,’ he told members of the Indiana Family Institute. Pence, a former board member of the institute, was the main speaker at the institute’s 25-year anniversary banquet at the Ritz Charles. More than 450 people signed up for the $75-a-plate event.” [Indianapolis Star, 9/19/14]
¶ Issues Of Marriage “Are Best Decided By The People And Not The Courts.”
Pence: “I Support Traditional Marriage And Will Always Hold That View, And I’ve Long Believed That Issues Of This Nature Are Best Decided By The People And Not The Courts.” According to the Associated Press State & Local, “Asked Friday on C-SPAN ‘Newsmakers’ about the rebuke from Young and whether he, if chosen as a vice presidential candidate, could support a presidential contender who supports gay marriage, Pence danced around the question, adhering closely to the same messaging he has used on the issue since becoming governor. ‘I support traditional marriage and will always hold that view, and I’ve long believed that issues of this nature are best decided by the people and not the courts,’ he said.” [Associated Press State & Local, 8/24/14]
February 2014: Pence Wanted A “Civil Debate” To Consider The Definition Of Marriage. According to the transcript of a Mike Pence interview with MSNBC obtained via Financial Markets Regulatory Wire, “TODD: I want to start with this issue -- in your State of the State, you seemed uncomfortable with what your legislature was doing on the issue of marriage. And you seemed to almost -- were trying to encourage the legislature to stop taking up this issue. Is that where you are on this issue? I know that they want to -- that there was even some talk of banning civil unions in the state of Indiana. Where are you on this?PENCE: Well, no. I mean, people in Indiana know where I stand. And I -- as I said in my speech, I support traditional marriage. And we called for a civil debate that would respect all sides in -- as the legislature considered this issue. And -- and I urged that the matter be resolved this year.” [Financial Markets Regulatory Wire, 2/21/14]
¶ Conversation About The Family Must Go Beyond Debates Over Definition Of Marriage
Pence: “I Believe In Traditional Marriage But I Also Believe That Our Conversation About The Family Must Go Beyond Debates Over The Definition Of Marriage.” According to the Evansville Courier & Press, “Pence briefly touched on and reiterated his position on the proposed constitutional ban on same-sex marriage, acknowledging the divisiveness of the issue. ‘I believe in traditional marriage but I also believe that our conversation about the family must go beyond debates over the definition of marriage,’ Pence said. ‘However the General Assembly resolves this issue, I believe in this session we must rededicate ourselves to strengthening the foundations under the Indiana family.’” [Evansville Courier & Press, 12/6/13]
Pence Proposed Promoting Marriage By Requiring “Family Impact Statements” To Gauge Whether Regulations Provided Incentives For Couples To Marry And Stay Married. According to Evansville Courier & Press, “Democrat John Gregg took a direct swipe at Republican Mike Pence’s plan to make sure state regulations promote marriage Wednesday during the second televised debate of the Indiana governor’s race. […] Gregg criticized Pence’s proposal to require ‘family impact statements’ that would gauge whether state regulations, especially in human services agencies, provide incentives for couples to become and stay married.” [Evansville Courier & Press, 10/18/12]
Pence: “Marriage Was Ordained By God, Confirmed By Law, Is The Glue Of The American Family And The Safest Harbor For Children.” According to a press release from the office of Representative Pence, “‘The President rightly called marriage, ‘the most enduring human institution,’ and so it is. Marriage was ordained by God, confirmed by law, is the glue of the American family and the safest harbor for children.’” [Press Release – Office of Rep. Pence, 3/8/04]
March 2004: Pence Said President Bush Was Bringing “Moral Clarity” To The Debate About Marriage Equality When He Called For A Constitutional Amendment Protecting Marriage. According to a press release from the office of Representative Pence, “‘And after weeks of confusion from Massachusetts to California, this President has brought moral clarity to the debate over same sex marriage by calling on Congress to pass a Constitutional Amendment to protect marriage.’” [Press Release – Office of Rep. Pence, 3/8/04]
¶ Pence Signed Indiana’s Discriminatory Religious Freedom Restoration Act
¶ March 2015: Pence Signed Indiana’s Religious Freedom Restoration Act
Pence Signed A “Religious Freedom” Bill To Prohibit State Or Local Governments From Burdening A Person’s Ability To Exercise Religion. According to The Indianapolis Star, “The nation’s latest legislative battle over religious freedom and gay rights came to a close Thursday when Indiana Gov. Mike Pence signed a controversial ‘religious freedom’ bill into law. His action followed two days of intense pressure from opponents - including technology company executives and convention organizers - who fear the measure could allow discrimination, particularly against gays and lesbians. […] Senate Bill 101 prohibits state or local governments from substantially burdening a person’s ability to exercise their religion - unless the government can show that it has a compelling interest and that the action is the least-restrictive means of achieving it. It takes effect July 1. Although the bill does not mention sexual orientation, opponents fear it could allow business owners to deny services to gays and lesbians for religious reasons.” [Indianapolis Star, 3/27/15]
The Indiana Religious Freedom Restoration Act Prohibited State Or Local Governments From Substantially Burdening A Person’s Ability To Exercising Their Religion, Sparking Fears That The Bill Allowed For Businesses To Deny Services To Gay And Lesbian Customers. According to the Indianapolis Star, “Senate Bill 101 prohibits state or local governments from substantially burdening a person's ability to exercise their religion — unless the government can show that it has a compelling interest and that the action is the least-restrictive means of achieving it. It takes effect July 1. Although the bill does not mention sexual orientation, opponents fear it could allow business owners to deny services to gays and lesbians for religious reasons.” [Indianapolis Star, 4/2/16]
¶ Signed Religious Freedom Law In a Closed Ceremony With Lawmakers, Monks, Nuns, Jews, Lobbyist And Conservatives
Pence Signed The Religious Freedom Law In A Closed Ceremony With Lawmakers, Franciscan Monks And Nuns, Orthodox Jews, And Powerful Lobbyists On Conservative Social Issues. According to The Indianapolis Star, “The nation’s latest legislative battle over religious freedom and gay rights came to a close Thursday when Indiana Gov. Mike Pence signed a controversial ‘religious freedom’ bill into law. […] Pence signed the bill during a private ceremony in his Statehouse office just before 10 a.m. Thursday. He was joined by supportive lawmakers, Franciscan monks and nuns, orthodox Jews, and some of the state’s most powerful lobbyists on conservative social issues. The event was closed to the public and the press.” [Indianapolis Star, 3/27/15]
¶ Pence Defended His Signing Of the Legislation
¶ Pence Claimed Religious Freedom Restoration Act Was Not About Discrimination But About Religious Liberty
March 2015: Pence Claimed The Religious Freedom Restoration Act Was Not About Discrimination, But About Religious Liberty. According to the transcript of a Mike Pence interview with This Week obtained via ABC News Transcript, “STEPHANOPOULOS: Do you think it should be legal in the state of Indiana to discriminate against gays or lesbians? PENCE: George. STEPHANOPOULOS: It’s a yes or no question. PENCE: Hoosier, come on. Hoosiers don’t believe in discrimination. This is about protecting the religious liberty of every Hoosier of every faith.” [ABC News Transcript, 3/29/15]
March 2015: Pence: Religious Freedom Restoration Act Was Not A License To Discriminate. According to the transcript of a Mike Pence press conference obtained via CNN, “PENCE: People are entitled to their opinions. But this law does not create a license to discriminate. And this law does not give businesses a right to deny services to anyone. I think it would be helpful if the general assembly were to get this legislation to my desk that made that clear and made that clear in the statute.” [CNN, 3/31/15]
¶ Pence Adopted Religious Freedom Restoration Law To Indiana Because Supreme Court Ruled Federal Religious Freedom Law Did Not Apply To States
March 2015: Pence Claimed Indiana’s Religious Freedom Restoration Act Mirrored The Federal Religious Freedom Restoration Act. According to the transcript of a Mike Pence press conference obtained via Congressional Quarterly Transcriptions, “PENCE: I am very pleased that the reporting about the Religious Freedom Restoration Act has significantly im-proved over the last several days. I think there is a growing public understanding that Indiana has passed a law here that mirrors the federal law that President Clinton signed and it mirrors the laws and statutes of some 30 states. I’m grateful for that.” [CNN, 3/31/15]
¶ Pence Did Not Consider A Mistake To Sign Religious Freedom Act into Law
March 2015: Pence Did Not Consider It A Mistake To Sign Indiana’s Religious Freedom Restoration Act Into Law. According to the transcript of a Mike Pence interview with This Week obtained via ABC News Transcript, “STEPHANOPOULOS: So was it a mistake to sign this law? PENCE: Absolutely not. The religious freedom restoration act was signed into federal law by President Bill Clinton more than 20 years ago and it lays out a framework for ensuring that a very high level of scrutiny is given anytime government action impinges on the religious liberty of any American. After that, some 19 states followed that, adopted that statute. And after last year’s Hobby Lobby case, Indiana properly brought the same version that then state Senator Barack Obama voted for in Illinois before our legislature and I was proud to sign it into law last week.” [ABC News Transcript, 3/29/15]
¶ Pence Said He Would Certainly “Sign The Bill Again”
[Video] Pence On RFRA: “I Certainly Would Sign The Bill Again.” When asked if he could do RFRA “all over again, would you still sign the bill and would you still do it the same way that you did it,” Pence said, “Well, I certainly would sign the bill again. I recognize it became a subject of great misrepresentation and great misunderstanding. And we found a way to calm the waters, but there’s a lot we would have different.” [WANE (CBS): 160103_MM_76587_A.mp4, 1/3/16]
¶ Editorial Reaction
¶ Hurt Indiana’s Image – Bill Was Discriminatory
Indianapolis Star Editorial: “Our Image. Our Reputation As A State That Embraces People Of Diverse Backgrounds And Makes Them Feel Welcome. And Our Efforts Over Many Years To Retool Our Economy, To Attract Talented Workers And Thriving Businesses, And To Improve The Quality Of Life For Millions Of Hoosiers. All Of This Is At Risk Because Of A New Law. ” According to an editorial published the Indianapolis Star, “We are at a critical moment in Indiana’s history. And much is at stake. Our image. Our reputation as a state that embraces people of diverse backgrounds and makes them feel welcome. And our efforts over many years to retool our economy, to attract talented workers and thriving businesses, and to improve the quality of life for millions of Hoosiers. All of this is at risk because of a new law, the Religious Freedom Restoration Act, that no matter its original intent already has done enormous harm to our state and potentially our economic future. The consequences will only get worse if our state leaders delay in fixing the deep mess created.” [Editorial – Indianapolis Star, 3/31/15]
Indianapolis Star Editorial: “We Urge Gov. Pence And Lawmakers To Stop Clinging To Arguments About Whether RFRA Really Does What Critics Fear; To Stop Clinging To Ideology Or Personal Preferences; To Focus Instead On Fixing This.” According to an editorial published by the Indianapolis Star, “We urge Gov. Pence and lawmakers to stop clinging to arguments about whether RFRA really does what critics fear; to stop clinging to ideology or personal preferences; to focus instead on fixing this. Governor, Indiana is in a state of crisis. It is worse than you seem to understand. You must act with courage and wisdom. You must lead us forward now. You must ensure that all Hoosiers have strong protections against discrimination. The laws can co-exist. And so can we.” [Editorial – Indianapolis Star, 3/31/15]
Tribune-Star Editorial: “Indiana Is Suffering Significant Damage To Its Reputation As A Hospitable State, Thanks Solely To Those Who Insisted That, In The Name Of Religious Freedom, Lawmakers Should Adopt A Law That Many Feel Opens The Door To Discrimination Against Gay, Lesbian And Transgendered People.” According to an editorial published by the Tribune-Star, “Indiana is suffering significant damage to its reputation as a hospitable state, thanks solely to those who insisted that, in the name of religious freedom, lawmakers should adopt a law that many feel opens the door to discrimination against gay, lesbian and transgendered people. A national firestorm erupted after Gov. Pence signed the bill, in a private event with no media allowed, last Thursday. While the Religious Freedom and Restoration Act was backed by Gov. Pence and the supermajority of Republicans in the General Assembly, there were warning signs that bad things could come of this. The Indiana Chamber of Commerce, a group never identified with liberal causes, warned that it could be construed as anti-business. Indeed, in the wake of the law’s signing, a number of organizations and businesses, including Salesforce, Angie’s List, Gen Con and the NCAA, have publicly and vehemently stated their concerns about the law. Just Monday, AFSCME announced it was moving an October women’s conference in Indianapolis, citing RFRA, to another state.” [Editorial – Tribune-Star, 3/31/15]
Brian Howley: Pence’s Religious Freedom Law Created A Debacle That “Tarnished The Indiana Brand.” According to a Brian Howley op-ed in the Evansville Courier & Press, “The result was a debacle that tarnished the Indiana brand and prompted an array of organizations to either pull or threaten to pull dozens of conventions in Indianapolis and Fort Wayne. Tourism officials in Pence’s hometown of Columbus reported a similar reaction. Left on the table is the NCAA’s potential move from In-diana if the state doesn’t broaden its civil rights code in the coming year.” [Brian Howley op-ed, Evansville Courier & Press, 4/12/15]
Journal Gazette Editorial: Religious Freedom Restoration Act “Invites Discrimination Against Same-Sex Couples.” According to an editorial published by the Journal Gazette, “Indiana’s religious freedom bill, which invites discrimination against same-sex couples, cleared the House 63-31 Monday. The bill has gotten special attention from both mainstream and social media, with justified bad publicity raining down on the state by the minute. And it will only get worse unless Gov. Mike Pence vetoes this vile measure. House Speaker Brian Bosma compared the law to the Religious Freedom Restoration Act of 1993, which has not empowered discrimination. But the website Buzzfeed pointed out that the state’s bill raises some serious concerns because it is broader than the federal law. ‘Rather than solely banning government from burdening a person’s religious freedom, the Indiana bill allows a legal defense in interactions ‘regardless of whether the state or any other government entity is party to the proceeding,’ ‘ BuzzFeed noted. ‘The religious liberty defense would be available under all state laws and local ordinances, unless state law provides a specific exemption from it.’ Although BuzzFeed may be known for its cat videos and off-the-wall lists, it also has a serious news presence with original reporting and content-driven publishing to a global audience of more than 200 million. So its scrutiny of Indiana’s religious freedom bill is the kind of coverage that is likely to brand the state worldwide as a backward and discriminating place. Matthew Tully, a political columnist for the Indianapolis Star, said it well Tuesday when he warned that the law will make it more difficult for Indiana to attract companies, employees and events. ‘If the legislature were trying to reinforce Indiana’s image as a backwater, it couldn’t have done better than this,’ Tully said.” [Editorial – Journal Gazette, 3/26/15]
Times Of Frankfront Editorial: “The Law Will Legitimize Discrimination, Sends The Wrong Message About Our State (Previously Heralded For Its Good Old ‘Hoosier Hospitality’) And Is Entirely Too Open-Ended.” According to an editorial published by the Times Of Frankfront, “Finally, a miss goes to both the General Assembly and Gov. Mike Pence for the Religious Freedom Restoration Act, which was signed into law Thursday. Like so many ‘issues’ that the legislature seems to be handling this year, we think it is a solution in search of a problem. Ultimately, if you know someone doesn’t like you or want your business, why would you go there? Especially if you are asking them to make food you plan to eat or take photos on one of your most important of days. Or, if you’re patronizing a business just to make a political point, it would seem you could make your statement in a much more persuasive way. That being said, we believe the law will legitimize discrimination, sends the wrong message about our state (previously heralded for its good old ‘Hoosier hospitality’) and is entirely too open-ended.” [Editorial – Times Of Frankfront, 3/26/15]
Tribune-Star Editorial: “RFRA, Then, Was Seen As A Consolation Prize” After Republicans Failed To Ban Same-Sex Marriage. According to an editorial published by the Tribune-Star, “Still, an effort to repeal the law should be launched and sustained. In the absence of repeal, Hoosiers should insist on two things - that the law be changed to include a clear statement that it cannot be used to discriminate against anyone, and that the state’s civil rights laws be changed to include sexual orientation and gender identity. We recognize that some proponents of the law now claim it is not intended to allow discrimination, and that they believe the real problem is that the law is being misinterpreted, mischaracterized and misunderstood. The real problem with the law, however, is that reasonable people do see it for what it really is - an attempt to pander to a faithful, heavy voting wing of the Republican Party that is still upset that its hope for a constitutional amendment banning same-sex marriage failed to advance in the state legislature. It failed not because it did not have the support to pass. In a Republican supermajority, it most certainly did. It failed because the federal judiciary stepped in and struck down these discriminatory laws across the country one after another. RFRA, then, was seen as a consolation prize.” [Editorial – Tribune-Star, 3/31/15]
Journal Gazette Editorial: “Pure And Simple, This Bill May Enable Businesses Open To The Public To Refuse To Serve Gays.” According to an editorial published by the Journal Gazette, “Reasonable men and women can differ on whether a bill that sets the bar higher for government intervention in a religious-freedom issue is justified. But though it’s now being portrayed solely as an attempt to clarify issues such as Hobby Lobby’s and Notre Dame’s health care plans, Indiana’s ‘religious freedom’ bill became a legislative juggernaut as a response to state government’s failed efforts last year to prevent the legalization of gay marriage. The motivating images here were not private colleges being forced to offer birth control or Indians trying to save their lands and take peyote, but hypothetical florists and cake bakers whose religious purity might be sullied if they were required to serve a gay couple. Pure and simple, this bill may enable businesses open to the public to refuse to serve gays. That is why those invited to Pence’s private bill signing last week included at least three longtime anti-gay lobbyists. Whether the new law will trump civil- rights ordinances that protect sexual orientation, like Fort Wayne’s, and whether it will lead to real discrimination here or elsewhere is impossible to know.” [Editorial – Journal Gazette, 3/31/15]
¶ Pence Opposed The Transgender Bathroom Directive
¶ 2016: Pence Opposed The Directive Allowing Transgender Students To Use Bathrooms Matching The Gender They Identify With
Pence Opposed The Directive To Allow Transgender Students To Use The Bathroom Matching The Gender They Identify With; Pence Said “The Federal Government Has No Business Getting Involved In Issues Of This Nature.” According to Fox59, “Schools will be directed to allow transgender students to use the bathroom matching the gender they identify with. This isn’t a law, but if schools don’t comply they could face lawsuits and lose federal funding. The Obama administration said this will ensure kids ‘attend school in an environment free from discrimination based on sex.’ It will override state laws like North Carolina’s proposal to force transgender students to use the bathroom that matches the sex on their birth certificate. Indiana Governor Mike Pence issued the following statement: ‘I have long believed that education is a state and local function. Policies regarding the security and privacy of students in our schools should be in the hands of Hoosier parents and local schools, not bureaucrats in Washington, DC. The federal government has no business getting involved in issues of this nature. I am confident that parents, teachers and administrators will continue to resolve these matters without federal mandates and in a manner that reflects the common sense and compassion of our state.’” [Fox59, 5/13/16]