--- description: GOP presidential hopefuls race to the defense of Indiana Governor Mike Pence title: Indiana Religious-Freedom Law Emerges as 2016 Republican Litmus Test image: https://static.time.com/v3/assets/bltea6093859af6183b/bltd99acefe828e7844/698785d4cd6848e7f509a620/mike-pense-indiana-law-gay.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  * [Politics](/section/politics/) ## Politics Update your preferences in [Account Settings](/account/preferences/) Close * [2016 Election](/tag/2016-election/) ## 2016 Election Update your preferences in [Account Settings](/account/preferences/) Close # Indiana Religious-Freedom Law Emerges as 2016 Republican Litmus Test by [Zeke Miller](/author/zeke-j-miller/) and [Alex Altman](/author/alex-altman/) Mar 31, 2015 1:48 AM CUT  Indiana Gov. Mike Pence holds a news conference at the Statehouse in Indianapolis on March 26, 2015. Indiana Gov. Mike Pence holds a news conference at the Statehouse in Indianapolis on March 26, 2015.Michael Conroy–AP by [Zeke Miller](/author/zeke-j-miller/) and [Alex Altman](/author/alex-altman/) Mar 31, 2015 1:48 AM CUT The deepening controversy over Indiana’s new religious-freedom law became a litmus test for the 2016 GOP primary field on Monday, as a host of presidential hopefuls leaped to the defense of embattled Hoosier State Governor Mike Pence for signing the statute. Likely Republican candidates Jeb Bush, Marco Rubio, Bobby Jindal and Rick Santorum — as well as newly declared candidate Ted Cruz — each defended Pence for supporting Indiana’s Religious Freedom Restoration Act, which has drawn sharp criticism from civic and business leaders across the country and reignited a debate within the GOP about how the party should handle divisive social issues. The Republican contenders who weighed in sided with Pence, who party strategists say could still emerge as a White House contender himself. The cascade of support was a clear sign of the importance of the issue for the party’s social conservatives, who have increasingly rallied behind the cause as voters and the courts moved to legalize same-sex marriage in states around the country. In an interview with conservative radio host Hugh Hewitt Monday evening, Bush said he believes Pence “has done the right thing.” “I think if they actually got briefed on the law, they wouldn’t be blasting this law,” Bush, the former governor of Florida, said of the law’s critics. “Florida has a law like this. Bill Clinton signed a law like this at the federal level. This is simply allowing people of faith space to be able to express their beliefs. To be able to be people of conscience. I think once the facts are established, people aren’t going to see this as discriminatory at all.” ### See the 2016 Candidates Looking Very Presidential  Sen. Ted Cruz is surrounded by stars and stripes at the 2014 Values Voter Summit in Washington, D.C. on September 26, 2014. Mark Peterson—Redux  Hillary Clinton Hillary Clinton gazes pensively into the distance at Iowa Senator Tom Harken'a annual Steak Fry in Indianola, Iowa on September 14, 2014. Brooks Kraft—Corbis for TIME  Jeb Bush Former Florida Gov. Jeb Bush flashes a power watch before giving his keynote address at the National Summit on Education Reform in Washington on Nov. 20, 2014. Susan Walsh—AP  Bernie Sanders waves to supporters after officially announcing his candidacy for the U.S. presidency during an event at Waterfront Park in Burlington, Vermont, on May 26, 2015. Win McNamee—Getty Images  Chris Christie New Jersey Governor Chris Christie strikes a presidential power stance at the ceremony for the opening of the 206 bypass in Hillsborough, New Jersey on October 28, 2013. Mark Peterson—Redux  Former Hewlett-Packard Co Chief Executive Officer Carly Fiorina listens to her introduction from the side of the stage at the Freedom Summit in Des Moines, Iowa on Jan. 24, 2015. Jim Young—Reuters  Rand Paul Sen. Rand Paul works a crowd during a campaign stop on October 24, 2014 in McDonough, Georgia. Jessica McGowan—Getty Images  Rick Perry Texas Gov. Rick Perry looks powerfully patriotic during the National Anthem before an NCAA college football game on Nov. 27, 2014, in College Station, Texas. David J. Phillip—AP  Bobby Jindal Louisiana Gov. Bobby Jindal looks to the future during The Family Leadership Summit on Aug. 9, 2014, in Ames, Iowa. Charlie Neibergall—AP  Martin O'Malley Maryland Governor Martin OíMalley ponders decorating ideas in front of his possible future home on CBS's Face the Nation on Feb. 23, 2014. Chris Usher—AP  Marco Rubio Sen. Marco Rubio looks determined the morning after the State of the Union address in Washington, D.C. on January 29, 2014. Melissa Golden—Redux  Ben CarsonBen Carson at the Conservative Political Action Committee annual conference on March 8, 2014. Susan Walsh—AP  Jim Webb Retiring Sen. Jim Webb imitates the presidential wave during a rally in Virginia Beach, Va. on Sept. 27, 2012. Steve Helber—AP  John Kasich Ohio Gov. John Kasich practices his presidential victory pose at the Ohio Republican Party celebration on Tuesday, Nov. 4, 2014, in Columbus, Ohio. Tony Dejak—AP  Rick Santorum Former Pennsylvania Senator Rick Santorum looks resolute at CPAC, the Conservative Political Action Conference on March 7, 2014. Brooks Kraft—Corbis  Scott Walker Wisconsin Republican Gov. Scott Walker practices the presidential point on March 3, 2014 in Milwaukee. Jeffrey Phelps—AP  Mike Huckabee Former Arkansas Gov. Mike Huckabee fine-tunes his presidential oratory at the Conservative Political Action Committee annual conference in National Harbor, Md. on March 7, 2014. Susan Walsh—AP  Lincoln Chafee, Former Rhode Island Governor, poses for a selfie with a student after announcing he will seek the Democratic nomination for president in Arlington, Va. on June 3, 2015. Jonathan Ernst—Reuters  Lindsey Graham Lindsey Graham announced his plans to join the 2016 presidential race. Alex Wong—Getty Images  George Pataki Former New York governor George Pataki listens to a question at the First in the Nation Republican Leadership Conference in Nashua, New Hampshire, in this April 17, 2015 file photo. Brian Snyder—Reuters Bush said the law is designed to provide protections for people who have religious objections on all issues, including a Washington State case where a florist is being sued for refusing to service a same-sex wedding. Rubio, a Florida Senator who is expected to announce his candidacy for President in Miami on April 13, said the statute was designed to codify religious protections rather than invite discrimination. “I think the fundamental question in some of these laws is, Should someone be discriminated against because of their religious views?” Rubio said Monday on Fox News. “No one is saying here that it should be legal to deny someone service at a restaurant or a hotel because of their sexual orientation.” Cruz, whose candidacy rests on appealing to the GOP’s evangelical base, praised Pence for standing up to critics of the law. “Indiana is giving voice to millions of courageous conservatives across this country who are deeply concerned about the ongoing attacks upon our personal liberties,” he said in a statement. “I’m proud to stand with Mike, and I urge Americans to do the same.” The controversy surrounding the bill, which Pence signed last week, came to a head over the weekend as Democrats, civic leaders and an array of large businesses — including Indiana companies like Angie’s List and Eli Lilly, as well as powerful tech firms like Apple, Salesforce and Yelp — condemned Pence for signing the Religious Freedom Restoration Act. Critics contend the law would enable discrimination, particularly against LGBT Americans. Nineteen other U.S. states have enacted versions of the law, which are similar to a federal version that passed Congress with bipartisan support in 1993 and was signed by then President Bill Clinton. In an [op-ed](http://www.wsj.com/articles/mike-pence-ensuring-religious-freedom-in-indiana-1427757799?KEYWORDS=mike+pence "undefined") published Monday evening in the _Wall Street_ _Journal,_ Pence argued the law has been “grossly misconstrued” by critics. “If I saw a restaurant owner refuse to serve a gay couple, I wouldn’t eat there anymore,” he wrote. “As governor of Indiana, if I were presented a bill that legalized discrimination against any person or group, I would veto it. Indiana’s new law contains no reference to sexual orientation. It simply mirrors federal law that President Bill Clinton signed in 1993.” Santorum [tweeted](https://twitter.com/RickSantorum/status/582673126179344384 "undefined") his support of Pence, pledging to address it in a scheduled speech at George Washington University. Maryland neurosurgeon Ben Carson, a popular figure among the GOP’s Tea Party wing, also [expressed support](http://www.breitbart.com/big-government/2015/03/30/exclusive-dr-ben-carson-absolutely-vital-americans-stand-up-for-indianas-religious-freedom-law/ "undefined") for the statute. Wisconsin Governor Scott Walker took a different tack from his likely GOP primary rivals by declining to immediately back Pence for supporting the legislation. Walker was [noncommittal](http://elections.wispolitics.com/2015/03/walker-noncommittal-on-religious.html "undefined") on the law on Monday, saying he doesn’t see a version of the bill making it to his desk in Wisconsin and declining to say whether he would sign it. “As a matter of principle, Governor Walker believes in broad religious freedom and the right for Americans to exercise their religion and act on their conscience,” said AshLee Strong, press secretary for Walker’s Our American Revival. Democratic National Committee press secretary Holly Shulman blasted Bush, Rubio and Walker in a statement. “This just confirms what we already know about these three Republican presidential hopefuls, and is the most recent reminder that Republicans are focused on one thing — pursuing an out-of-touch agenda at the expense of everything and everyone else,” she said. Former Secretary of State Hillary Clinton condemned the Indiana law on Twitter last week. But RFRA laws have [previously been widely supported](http://time.com/3762708/indiana-gay-religious-pence-clinton/ "undefined") by top Democrats, from Clinton’s husband to then Illinois state senator Barack Obama. ### Behind the Scenes of CPAC  Peter Dudziak of John, Minnesota attends CPAC in National Harbor, Md. on Feb. 27, 2014. Mark Peterson—Redux for TIME  Nine year old Thomas H. from Virginia at his first CPAC in National Harbor, Md. on Feb. 27, 2015. Mark Peterson—Redux for TIME  Sarah Palin at the 42nd annual Conservative Political Action Conference (CPAC) at National Harbor, MD on Feb. 26, 2015. Mark Peterson—Redux for TIME  Dr. Ben Carson gives a speech to open Thursday's session at CPAC in National Harbor, Md., on Feb. 26, 2015. Mark Peterson—Redux for TIME  Timothy Flynn from New York City poses in an American flag jacket at CPAC in National Harbor, Md., on Feb. 26, 2015. Mark Peterson—Redux for TIME  Rick Santorum takes a selfie with a supporter at CPAC in National Harbor, Md. on Feb. 27, 2015. Mark Peterson—Redux for TIME  A Rand Paul supporter at CPAC in National Harbor, Md., on Feb. 26, 2015. Mark Peterson—Redux for TIME  Rand Paul speaks at CPAC in National Harbor, Md. on Feb. 27, 2015. Mark Peterson—Redux for TIME  Sen. Ted Cruz shakes hands with a Sarah Palin supporter at CPAC in National Harbor, Md. on Feb. 26, 2015. Mark Peterson—Redux for TIME  A reporter asks attendees to choose their favorite candidate at CPAC in National Harbor, Md. on Feb. 26, 2015. Mark Peterson—Redux for TIME  CPAC attendees listen to Donald Trump in National Harbor, Md. on Feb. 27, 2015. Mark Peterson—Redux for TIME  Jeb Bush speaks at CPAC in National Harbor, Md. on Feb. 27, 2015. Mark Peterson—Redux for TIME  New Jersey Gov. Chris Christie gives a thumb's up at CPAC in National Harbor, Md. on Feb. 26, 2015. Mark Peterson—Redux for TIME  A supporter poses with a life-size cutout of Rand Paul at CPAC in National Harbor, Md. on Feb. 26, 2015. Mark Peterson—Redux for TIME  Wisconsin Governor Scott Walker at CPAC in National Harbor, Md., on Feb. 26, 2015. Mark Peterson—Redux for TIME  Retired neurosurgeon Dr. Ben Carson greets supporters at CPAC in National Harbor, Md., on Feb. 26, 2015. Mark Peterson—Redux for TIME  Former Republican Governor of Texas Rick Perry at CPAC in National Harbor, Md., on Feb. 26, 2015. Mark Peterson—Redux for TIME  Buttons for past Republican campaigns on display at CPAC in National Harbor, Md. on Feb. 26, 2015. Mark Peterson—Redux for TIME  Supporters watch Rand Paul speak at CPAC in National Harbor, Md. on Feb. 27, 2015. Mark Peterson—Redux for TIME  Donald Trump signs a Playboy magazine at CPAC in National Harbor, Md. on Feb. 27, 2015. Mark Peterson—Redux for TIME  Attendees applaud at CPAC in National Harbor, Md. on Feb. 27, 2015. Mark Peterson—Redux for TIME  An empty room ready for the Conservative Political Action Conference in National Harbor, Md., on Feb. 26, 2015. Mark Peterson—Redux for TIME ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/3764644/mike-pence-jeb-bush-indiana-gay-rights/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/3764644/mike-pence-jeb-bush-indiana-gay-rights/"},"headline":"Indiana Religious-Freedom Law Emerges as 2016 Republican Litmus Test","datePublished":"2015-03-31T01:48:25.000Z","dateModified":"2026-05-11T04:50:41.687Z","description":"GOP presidential hopefuls race to the defense of Indiana Governor Mike Pence","url":"https://time.com/3764644/mike-pence-jeb-bush-indiana-gay-rights/","keywords":["2016 Election","Gay Rights","2016 Election topic","Sen. 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