LGBTQ+ Advocates and Corporate Boycotts on Indiana Senate Bill 101, 2015

On 26 March, 2015, U.S. Republican Governor Mike Pence signed Bill 101 into state law after the State Senate approved it by a vote of 40-10. The law, officially titled the “Indiana Religious Freedom Restoration Act” (RFRA), was set to take effect on 1 July, 2015. Bill 101 protects individuals or businesses from government actions that substantially burden their religious beliefs, unless the government demonstrates a “compelling interest” and uses the least restrictive means to enforce the law against those beliefs. Supporters of the RFRA argued that freedom of religion forms the core of U.S. democracy, as outlined in the First Amendment of the Constitution. They also emphasized that Indiana's RFRA closely mirrored the federal RFRA law that President Bill Clinton signed in 1993. In addition, they noted that 19 other states had already passed similar laws.

Opponents of the RFRA highlighted two unique features in the Indiana statute that do not appear in the federal RFRA or other state-level RFRAs. First, the law significantly expanded RFRA by allowing for-profit businesses to assert the right to free exercise of religion. Second, it permitted businesses to use religious freedom as a legal defense in private disputes, which enables business owners to refuse services to LGBTQ+ individuals based on religious beliefs. Critics argued that the statute deliberately encourages discrimination against the LGBTQ+ community. Religious freedom allows individuals to practice their religion and transmit moral values within their communities. However, some religious groups and individuals disapprove of LGBTQ+ issues, such as same-sex marriage, because they conflict with their moral values.

Republican Mayor Greg Ballard of Indianapolis, the capital of Indiana, issued a statement on 25 March, 2015 saying, “I don't believe this legislation truly represents our state or our capital city. Indianapolis strives to be a welcoming place that attracts businesses, conventions, visitors and residents...RFRA sends the wrong signal.” His statement expressed concern about how RFRA could affect Indiana’s reputation and its tourism. 

After the RFRA became state law, Mike Pence and the Indiana state government faced massive public condemnation from activists, political and business elites, celebrities, and academics. In the entertainment industry, actor Ashton Kutcher, former NBA player Charles Barkley, comedian Ellen DeGeneres, and artists like Cher and Miley Cyrus openly criticized the RFRA. Sports organizations such as NASCAR, the NBA, and the NCAA voiced their commitment to fostering an inclusive competitive environment. Major corporations, including Apple, Eli Lilly and Company, and Yelp, declared their products and services open to everyone and condemned Indiana’s RFRA as discriminatory.

Meanwhile, protests and boycotts against the Indiana government unfolded simultaneously. On March 28, 2015, approximately three thousand people gathered at the Indiana Statehouse to protest against RFRA and demand its repeal. Annette Siegel Gross, a democratic supporter, organized this rally via the Facebook page. The protestors carried protest signs, waved LGBTQ+ rainbow flags, and chanted slogans such as “No hate in our state,” “Whose state? Our state!” and “Fix the bill.” On March 25, renowned Star Trek actor George Takei called on business owners and his fans to boycott Indiana via Facebook. On Twitter (now X), he wrote, “Outraged over Indiana Freedom to Discriminate law, signed today. LGBTs aren’t 2nd class citizens,” using the hashtags #BoycottIndiana and #Pence.

The boycott against the Indiana government intensified. For example, on March 25, 2015, Marc Benioff, the CEO of the tech company Salesforce, announced that the company would stop hosting events in Indiana. On March 28, 2015, Angi (formerly Angie’s List), a well-known contractor marketplace platform, canceled its planned $40 million investment in its Indianapolis headquarters, which would have created 1,000 jobs in the state. On the same day, the Christian Church (Disciples of Christ), a mainline Protestant denomination, announced it was considering relocating its next biennial convention out of Indiana. Later, the American Federation of State, County, and Municipal Employees (AFSCME), the largest labor union in the United States, decided to move its October Women’s Convention out of Indiana. The three-day convention would have generated half a million dollars in revenue for local tourism. On March 30, 2015, the American rock band Wilco canceled its May concert at the Murat Theatre in Indianapolis.

The boycott also gained political momentum. On March 27, 2015, Democratic Mayor Edwin Lee of San Francisco directed all city departments to ban publicly funded travel to Indiana. He declared, “San Francisco taxpayers will not subsidize legally-sanctioned discrimination against lesbian, gay, bisexual, and transgender people by the State of Indiana.” Following his lead, Mayor Charlie Hales of Portland, Mayor Muriel Bowser of Washington, D.C., Mayor Ed Murray of Seattle, and Mayor Libby Schaaf of Oakland also issued bans on publicly funded travel to Indiana. On March 30, 2015, Connecticut Governor Dannel Malloy signed an executive order banning state-funded travel to Indiana. Vermont Governor Peter Shumlin, New York Governor Andrew Cuomo, and Washington Governor Jay Inslee followed suit with similar orders to protest Indiana’s RFRA.

In response to public criticism and a substantial boycott from various industries, Governor Mike Pence signed an amendment to the RFRA into law on April 2, 2015. He also made the public statement on Twitter, “...let’s move fwd together w/a renewed commitment to civility…”. The new version clarified that the law would not allow private businesses to discriminate against the LGBTQ+ community. The specific amendments included the following:

1. Providers, including individuals, organizations, corporations, and similar entities, cannot refuse to provide services, facilities, employment, accommodations, or housing based on characteristics such as sex or sexual orientation.
2. The RFRA cannot override the Indiana Constitution.
3. Non-profit religious groups are exempt from this amendment.

The widespread protests and boycotts against the Indiana RFRA underscored the public's commitment to equality and inclusivity, ultimately compelling lawmakers to amend the controversial statute. The swift mobilization of activists, businesses, and political leaders highlighted the power of collective action in driving legislative change, marking a significant victory for LGBTQ+ rights and anti-discrimination advocacy.