Indiana and Arkansas amend religious laws

Indiana and Arkansas have passed bills to allay concerns that a controversial religious freedom law could allow companies to refuse services to gays, in a dramatic reversal that followed a wave of criticism from across the US.

Arkansas governor Asa Hutchinson signed the bill after lawmakers reworked it to mirror a less controversial federal law. He had supported the early bill, but reversed course following a furore over a similar measure in Indiana and also criticism from Walmart, Arkansas' biggest employer, and his own son.

In Indiana, Republican Governor Mike Pence approved a measure that says businesses cannot refuse to serve lesbians, gays, bisexuals and members of the transgender community. In a u-turn on Tuesday, Mr Pence called on the legislature to make changes to the law that he had approved only last week

Indiana became the focus of a national storm when Mr Pence signed the first law which he said was necessary because "many people of faith feel their religious liberty is under attack by government action". His position became untenable after mounting criticism that it would allow businesses, such as wedding photographers, to refuse services to gays.

The Indiana and Arkansas measures sparked condemnation from a growing number of big companies, including General Electric, Walmart, and Apple. Coca-Cola, which is based in Georgia where lawmakers are considering a similar bill, on Thursday joined the critics, saying it "does not support any legislation that discriminates, in our home state of Georgia or anywhere".

"The healing process starts today," David Long, the Republican president of the Indiana senate, said on Thursday when announcing the new measure.

The new Indiana bill says a company cannot deny service to people "on the basis of race, colour, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service".

Robert Katz, an Indiana University law professor, described the proposal as "historic" because it "enacts the words 'sexual orientation' and 'gender identity' into the Indiana code as part of an effort to protect the rights of LGBT Hoosiers." But he said it would not be complete "until they amend the state civil rights act to protect sexual orientation and gender identity".

"This may put out the fire that the legislature started by enacting RFRA [the Religious Freedom Restoration Act] in its original form but it doesn't solve the ultimate problem, which is that discrimination against gays and lesbians is perfectly lawful at the state level in Indiana," said Mr Katz.

Walmart said on Thursday: "We applaud Governor Hutchinson and the Arkansas legislature for their effort to achieve a solution that better protects religious freedom. We hope today's action marks a significant step towards achieving a greater understanding of the need to protect the rights of all Americans."

However, while some companies that had criticised the original RFRA welcomed the compromise, Angie's List, an Indiana-based reviews website, said "our position is that this 'fix' is insufficient".

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The debate about the balance between religious freedom and civil rights has been reignited as courts have knocked down laws banning same-sex marriage. Public opinion shows that a majority of Americans support same-sex relationships. The Supreme Court is hearing a landmark case this month that is expected to settle the issue for the nation.

Critics of the original Indiana and Arkansas bills argued that conservatives are taking advantage of the growing number of Republican-controlled state legislatures to pass measures to help claw back some of the religious rights that they believe are being infringed by the courts.

The debate has also impacted the 2016 race for the White House. Most of the Republican presidential hopefuls came out in support of the Indiana law earlier this week, even as Mr Pence was preparing to announce a u-turn.

Republican hopefuls are wary about antagonising the conservative base, which is important to secure the GOP nomination, even though support for the religious freedom bills could potentially hurt them in the general election.

Twitter: @DimiSevastopulo

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