The (Munster) Times. April 4, 2019
Bias crimes law hits the right note for our state
There is no perfect legislation, particularly when the topic at hand drives the passions of so many diverse hearts and minds.
But the Indiana Legislature made a good faith effort and produced a bias crimes bill that is far better than nothing and paints the Hoosier state in a more welcoming light.
Indiana Gov. Eric Holcomb signed the bill into law Wednesday, and that’s a victory for our state.
Passions run high — and rightly so — when discussing the presence and effect of hate and bias on crimes against people.
Those passions — and the fact Indiana was one of the only states without a bias crimes law on the books — drove the effort toward such a law in the ongoing legislative session.
The Legislature responded, even if some critics don’t believe the bill goes far enough.
The measure makes it an aggravating factor, for which a judge can impose more prison time, if a crime is committed “with bias due to the victim’s or the group’s real or perceived characteristic, trait, belief, practice, association or other attribute the court chooses to consider, including but not limited to an attribute described in (Indiana Code).”
That code specifically lists “color, creed, disability, national origin, race, religion and sexual orientation” as specific potential traits of bias crime victims.
Those opposed to the law in its adopted form argue it intentionally omits age, ancestry, gender and gender identity from the list of aggravating factors.
But the bill and its list actually are quite inclusive and create flexibility for judges to consider factors that may not be listed at all.
“This bill provides an excellent solution, and it covers all Hoosiers equally,” House Speaker Brian Bosma said. “You cannot name a characteristic or trait not covered under this bill.”
We agree.
And now, when prospective Hoosier residents or companies looking to locate here seek a state with welcoming credentials, Indiana will have them.
The Indiana Chamber of Commerce, which championed a push for a bias crimes law for this very reason, called the adopted bill “a big step in the right direction.”
“Though the list is not as comprehensive as we had advocated for, what the Legislature has passed is still a meaningful hate crimes bill,” Chamber CEO Kevin Brinegar said.
“It’s more inclusive than some states’ laws and on par with others. Not to mention, it’s far better than having no law at all.”
Compromise rules the day. It’s the way our system of government is supposed to work.
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The (Fort Wayne) Journal Gazette. April 4, 2019
Lawmakers fail to speak for Hoosiers on bias crimes
The bias-crimes measure Indiana Gov. Eric Holcomb signed into law Wednesday is a disappointment to those who wanted to see Indiana take the boldest stand possible against hate. The failure to pass a bill that includes specific protections for women and transgendered persons points to a disturbing reality about the Indiana General Assembly: the majority party’s ability to make decisions affecting all Hoosiers behind closed doors.
The weakened, convoluted bill stole in from the Republican caucuses like “a thief in the night,” as Sen. Karen Tallian, D-Portage, put it. Even the abbreviated list of protected categories in Senate Bill 198 was apparently too provocative to itemize. Instead, the measure merely refers judges who might be considering enhancing a sentence for a hate-based attack on people or property to a list in an existing law that mandates hate crimes simply be reported to the state.
Having arranged things in secret, most Republican senators had no reason to speak publicly about the bill. An exception was Ron Alting of Lafayette, whose Senate Public Policy Committee hearing on the issue produced a strong, comprehensive bill with bipartisan committee support that was promptly gutted by the full Senate in February.
“Politics is compromise,” Alting, his voice heavy with emotion, told his colleagues late Tuesday afternoon. “But we should not have to compromise on protection of people.” He was one of five Republicans voting no.
Legislators who wanted a strong, clear bias-crimes bill are left, instead, with a lot of maybes. Maybe the vaguer version will help deter hate crimes and help judges reach more appropriate sentencing decisions. Maybe Holcomb means what he says when he promises to push for a more inclusive law in the future. Maybe those in Indiana Forward and other groups that worked hard to persuade the state to do more will keep up the fight as well. There is a rapidly growing acceptance of the need for hate-crimes law – this newspaper, for instance, had been opposed to such legislation for years.
But the legislature has let us down too many times to count on any sudden change of heart at the Statehouse.
In 2015, there was RFRA; in subsequent years, pleas to expand the state’s civil rights code have been routinely ignored. Little is likely to change as long as an unaccountable supermajority holds sway.
As a rule, Hoosiers are welcoming and tolerant, and they don’t approve of bias-fueled speech or actions. Waiting on our political leaders to articulate those values hasn’t worked. It’s up to us to make Indiana’s true nature resound by speaking up for tolerance and rejecting prejudice and hatred in our state. In our community. In our own lives.
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South Bend Tribune. April 2, 2019
Change to appointed education leader must benefit Hoosier students
Indiana’s secretary of education will no longer be an elected position starting in January 2021 after the General Assembly voted to give the governor power to appoint the public schools leader.
Everyone knew the move was coming, it just came a little faster since Superintendent Jennifer McCormick decided not to seek re-election and the Legislature accelerated the timetable of the switch. House Bill 1005 now calls for the appointment of the superintendent starting Jan. 11, 2021.
Most states have appointed superintendents. Indiana remained only one of 13 in which voters elected the superintendent.
Electing the superintendent had been working fine for years and past governors and education leaders typically enjoyed productive relationships.
That changed when Democrat Glenda Ritz was elected superintendent during Republican Gov. Mike Pence’s term.
The two had a tense and unproductive relationship that did not serve Hoosier public education well.
Those who support an appointed superintendent say it will increase accountability in the state’s chief executive and reduce education-policy gridlock, while others say it will turn the office into a rubber stamp.
The change was one of Gov. Eric Holcomb’s priorities for this legislative session.
We have been critical of the change from an elected to appointed superintendent because it takes the public out of public education.
What shouldn’t be lost in this process is Hoosier students and that any change must benefit them.
Going forward the governor and the secretary of education must work together, set the public education agenda and ensure that those students in Indiana’s public schools receive a quality education that prepares them for the future.
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