A4
TH E BULLETIN0 WEDNESDAY, APRIL 1, 2015
Indiana Continued fromA1 The divisions seem almost irreconcilable and m a n ifest
themselvesacross a series of debates, from same-sex mar-
riage and abortion to the science of dimate change to the restriction of gu n
r i ghts to
public displays of the Ten Commandments to the role of religion in public life. From both sides now come charges of the other's intolerance.
ArkailSSS blll —The Arkansas Legislature on Tuesdaypassed its version of a bill described by proponents as areligious freedom law, even asIndiana's political leaders struggled to gain control over a growing backlash that has led to calls to boycott the state because of criticisms that its law could be a vehicle for discrimination against gay couples. The Arkansas bill now goes to the state's Republican governor, Asa Hutchinson, who expressed reservations about anearlier version but more recently said hewould sign the measure if it "reaches mydesk in similar form as to what has beenpassed in 20 other states." OnTuesday afternoon, Doug McMillon, the chief executive of Wal-Mart, the state's largest corporation, said that Hutchinson should veto it. — New YorkTimes NewsService
It's dear where all this is
heading. No one can hold back the demographic trends that will, eventually, make many states majority minority. Public opinion on same-sex marriage has moved faster than almost
anyone could have predicted five years ago, particularly among younger people. As Adlai Stevenson said long ago,
on 'Ittesday with an editorial headlined: "FIX THIS NOW." The editorial called on Pence
didateshave rushed to defend
and Republican lawmakers to enact another law "to prohibit
a license to discriminate. Former Florida governor Jeb Bush said on the "Hugh Hewitt" radio program Mon-
discrimination in employment,
housing, education and public accommodations on the basis of a person's sexual orientation
"There is a New American ev-
or gender identity." ery morning when we wake up. The editorial also directly It is upon us whether we will it addressed Pence, who had deornot." dinedduringanappearanceon The Indiana politicians who ABC's "This Week" program enacted the new Religious on Sunday to answer whether, Freedom and Restoration Act under the new law, it was legal are now caught up trying to ar- to discriminate ~ gays gue a legal case about what the and lesbians. "Governor," the fine print of the measure does or does not allow. But in a much
editorial stated, "Indiana is in
a state of crisis. It is worse than larger sense, they have lost the you seem to understand." debate, which is why Gov. Mike Greg Ballard, the RepubliPence,a Republican, called on can mayor of Indianapolis, has lawmakers Tuesday morning asked lawmakers either to reto act quickly to clarify. But peal the law or do what the InPence said repeatedly that he dianapolisStar recommended. personally opposes discrimi- He told National Public Radio nation against any one and that on Tuesday morning that lawthe new law does not sanction makers in his state are missing "the bigger trend" and must discrimination. C ondemnation ha s b e e n recognize and adapt to the so swift and strong that it has changing tides of history. damaged the state's reputation Pence and his fellow Republiand threatens the state's eco- cans in the Indiana Legislature nomic future. Major companies may find a way out of this criin and out of the state want the sis, though just how they hope law repealed. The Democratic to do that won't be clear until governors of Connecticut and new language appears. Washington have taken steps to prevent state-fundedtravel to Indiana. The Indianapolis Star, which
But the debate over what
theydidalready has become a defining moment in what will be the backdrop of the 2016 long was one of the most con- campaign, and there has been servative editorial pages in the little nuance in taking sides. country, filled its front page Republican presidential can-
Death
u nconscious about a
Continued from A1 Mays was brought into the jail at about 4:45 p.m. Vid-
eo of the incident released to The Bulletin on M a r ch
are," said Deschutes County Sheriff's Capt. Shane Nelson last week. Nelson has been
appointed to succeed Sheriff Larry Blanton when he retires June 30. — Reporter: 541-383-0376, cwithycombe@bendbulletin.com
Associated Press, asked the
He refused to help, she said, telling her, "I've been instruct-
Continued fromA1
Interior Department for fed-
ed not to talk to a reporter ever
"They know that to delay
until after the journalist's
for the records. No dice. "I still
candidates speak on behalf of a conservative base whose mem-
deadline has passed.
bers are worried about the im-
between its business wing and its social and religious conser-
are granted are closely monitored,reporters say, with a press "minder" sitting in. Some agencies require reporters to pose their questions by email, a
vative wing. This creates pres-
tactic that enables officials
sures for candidates to strike a balance, but at this point, the
to carefully craft and vet their replies.
haven't gotten an answer," she Public information professaid recently. sionals say the picture isn't The reaction was more ag- quite as black and white, or gressive when Cappiello be- as bleak, as reporters make gan asking the Agriculture it. They turn the focus back Department fo r i n t erviews on journalists. For one thing, for a story about the environ- they say, many of the reportmental degradation caused by ers they deal with are inexconverting noncrop land into perienced and are tackling cornfields for ethanol produc- complicated subjects on tight tion, another administration deadlines — a formula for initiative. getting things wrong without The agency went on the of- the guidance of a communicafense, telling officials in the tions official who knows his field not to talk to her and her or her agency. co-writer. A public affairs of"Reporters are tweeting, reficial further instructed his porters are blogging, they're colleagues not to provide the on Facebook," said Tom Reynreporters with the names of olds, the associate administrafarmers for interviews, as they tor for public affairs at the Enhad routinely done for other vironmental Protection Agency. "EPA is a very science-oristories. "We just want to have a con- ented agency, and it takes a lot sistent message on the topic," of time to understand the work the official, Jason Johnson, we're doing across the agency. wrote in an email. Cappiello With less-experienced reportfiled another FOIA request for ers, it takes even more time." the directive — and noted the The EPA's communication email's existence in her sto- efforts were the target of a ry about the land-conversion complaint from the Society of policy. Environmental J o u r nalists, "I think the thread here is which criticized the agenthat all of these stories are cy's slow response to media questioning the goals and pol- inquiries after a c hemical icies of the administration," spill fouled the drinking washe said. "All of these have ter around Charleston, West the potential to set off contro- Virginia, last year. It cited the versy." Although government case ofCharleston Gazette repress officials often talk about porter Ken Ward, who waited having " a c o nsistent mes- a week to get an official comsage," Cappiello said, "they ment from the EPA about the never seem to insist on having water's potability amid a crisis 'a truthful message.' I wonder affecting 300,000 people. why." Reynolds, a former Obama Other reporters who cover campaign official, said the the government express sim- agency has "made adjustilar concerns. In a survey of ments" to address the issue, 146 such reporters conducted including adding five people to by the Society of Professional its communications staff. "We Journalists in 2012, 76 percent listened, and we responded," said they had to get approv- he said.
in a diverse country to be both "tolerant of people's lifestyles,"
while allowing "people of faith to exercise theirs." Texas Sen. Ted Cruz praised
Pence for "holding the line" on behalf of conservatives against
the "ongoing attacks upon our personal liberties." Clinton speaks for a generally united Democratic coalition
that isyounger, more diverse and more secular than that of the GOP. It is a coalition em-
pact of the changes underway. But the GOP coalition is fractured on this, with divisions
party's presidential candidates
Interview requests that
are tipping more in the direction of the social conservatives
A tighter lid
rather than the business wing,
porters and public informa-
a decision that could have significant consequences.
tion officers — "hacks and
T ensions between r e -
flacks" in the vernacular — aren't new, of course. Regovernment officials have been willing or able to give. But journalists say the lid has grown tighter under the Obama
a d m inistra-
tion, whose chief executive promised in 2009 to bring "an unprecedented level The frustrations boiled
Lobby case, Indiana properly
ter to
brought the same version that then-state Senator B a rack Obama voted
Obama signed by 38 organizations representing journalists and press-free-
P r esident Barack
for in Illinois
dom advocates. The letter
before our legislature.... Bill
decried "politically driven suppression of news and
Clinton signed
information about federal
The Religious Freedom Restoration Act in 1993. Then-state Senator Barack Obama voted for it when he was in the state
agencies" by spokesmen.
senate of Illinois. The very
control what the public is
"We consider these restrictions a form of cen-
sorship — an attempt to Darron Cummings /The Associated Press
Indiana Gov. Mike Pence claims his state's Religious Freedom Res-
toration Act has "the same language" as bills in other states.
allowed to see and hear," the groups wrote. They asked for "a clear directive" from Obama "telling federal employees they're not only free to
religious exercise isn't currentF reedom R e storation A c t So the practical effect may be ly burdened or burdened in a signed into law in Indiana was minimal. significant manner," said Euthe same as a bill supported Second, an d po t entially nice Rho of the American Civil by then-Illinois Sen. Barack more important, the Indiana Liberties Union, who said the Obama in 1998. law has this section: language was "curious." She "A person whose exercise of said the Texas law, by contrast, Pence used this talking point twice while refusing four religion has been substantially was drafted so that "it cannot times to answer a direct ques- burdened, or is likely to be sub- be used in a way that could tion from host George Steph- stantially burdened, by a viola- jeopardize existing civil rights anopoulos about whether the tion of this chapter may assert laws." law would permit discrimina- the violation or impending vioIn particular, some advotion against gays and lesbians. lation as a claim or defense in a cates of gay rights fear that the As apractical matter, the two judicial or administrative pro- language in the Indiana law laws have similar titles but are ceeding, regardless of whether was crafted because of a New not word for word the same. the state or any other govern- Mexico case in which a ChrisPence's office did not respond mental entity is a party to the tian photographer was fined to a query, but we will assume proceeding." after refusing to photograph a same-sex wedding. The phothat Pence was arguing the By contrast, the Illinois law laws were broadly similar with saysthis: tography company tried to "Ifaperson'sexercise ofreli- raise a RFRA defense, but the the same desired impact. Does he have a case'? gion has been burdened in vio- New Mexico Supreme Court In broad strokes, the Indiana lation of this Act, that person rejected it, on the grounds that and Illinois laws are similar. may assert that violation as a it was aprivate dispute. But there are a couple of differ- daim or defense in a judicial This brings us to final disences, and whether those are proceeding and may obtain tinction — the context in which important can depend on the appropriate relief against a the laws were crafted. We notlegal expertyou consult. government." ed that the Illinois law was not First, there is a section in There are two important dis- especially controversial — but the Indiana that darifies that a tinctions — the language say- the Indiana law has been at"person" can include a partner- ing the government does not tacked as being anti-gay. One ship, company, joint-stock com- need to be a party and the addi- reason is that some advocates pany and other for-profit busi- tion of "likely" to be burdened. of the law have expressly said nesses. This language appears With one exception (Texas), that it would allow businesses to be related to the recent Su- the language regarding the to refuseto support same-sex preme Court ruling in Burwell government not needing to be marriages. v. Hobby Lobby, in which the a party does not appear in any Moreover, Indiana (unlike known as the Dictionary Act.
many other states, including
answer questions from reporters and the public, but actually encouraged to do so. Obama hasn't acted on the suggestion. But his press secretary, Josh Earnest,defended the president's record, noting in a
w ork t o
In f act,
the height of the Ebola out-
break in October, for example, Bryan said his office fielded 1,876 media requests for inter-
The vast majority — 85 percent — agreed with this
views and information, or 85 every business day. Ideally, public information officers should be seen as "partners and advocates" for reporters, not as adversaries,
said John Verrico, president of the National Association of Government Communicators,
a group for government media representatives. "You need to trust that we are getting you
complete and accurate information, and we need to trust
that you are going to use the information we provide properly and in the context it was intended," he said.
are also familiar to journalists m ost f e deral covering smaller communi-
agencies get subpar grades ties, according to another SPJ on one measure of open- survey, conducted last year. ness: their responsiveness Linda Petersen, managing to FOIA requests, which editor of the Valley Journals enable reporters and or- newspapers in the Salt Lake dinary citizens to collect City area, recalled contacting government records. Eight an employee of the parks and of the 15 agencies that get recreation department in subthe most FOIA requests re- urban Riverton, Utah (pop. ceived a D grade for their 40,921), two years ago and compliance, according to asking when the town's annua review this month by the al Easter egg hunt would start. nonprofit Center for EffecTwo agencies — Health and Human Services and
lawmakers rejected anti-dis-
the State Department — re-
crimination
ceived failing grades. When Dina Cappiello,
to the anxiety of gay-rights advocates.
Not all inquiries can be ful-
filled in a timely manner, the CDC's Bryan pointed out. At
FOIA failings
and South Bend. The fact that c l auses a dded
latest information."
the time.
House and federal agencies right to know what's going on are farmore accessible and inside a government agency." accountable than ever beMany of the roadblocks fore," Earnest wrote. reporters say they have encountered at the federal level
preme Court case in his re-
are gay rights laws in the cities of Indianapolis, Bloomington
officerbefore speaking to an agency employee; two-thirds said they were prohibited by the agency from interviewing an employee at least some of
d o , t h e W h i t e tion. "It's as if the public has no
Illinois) does not have anti-discrimination laws based on sexual orientation, though there
al from a public information
letter to the groups that, statement: "The public is not among other things, the ad- getting all the information ministration has processed it needsbecause of barriers a record number of Free- agencies are imposing on jourdom of I n formation Act nalists' reporting practices." "It happens all the time," requests, established more protection for whistleblow- said freelance journalist Kathe rs an d p o sted W h i t e ryn Foxhall, a health and sciHouse visitor logs for the ence reporter who has become first time. active in promoting greater ac" While there i s m o r e cess to government informa-
RFRA protected family-owned The Indiana law also does companies from complying not have language on civil with the contraception man- rights — and during debate date inthe Affordable Care Act. over the bill lawmakers voted Pence mentioned the Su- down amendments to make marks, but it's worth noting "This language is unusual that generally such definitions of a "person" are already in and could mean that someone the U.S. Code under what is could file a lawsuit even if their
"I will wait to see what the results of the investigation
e nvironment writer for T h e
over last summer in a let-
clear that the law was not intended to foster discrimination.
investigation is available.
Openness
of openness" to the federal government.
other RFRA.
day that no timeline for its
ca on the rise. The Republican
ment. He said it is important
la st ye a r's Ho bby
Court ruled 5-4 that the federal
Oregon Department of Justice Spokeswoman Katrina Edmunson said Tues-
blematic of the newer Ameri-
inatory but only protects people acting on conscience from being "castigated" by govern-
The Washington Post
Many are asking whether the controversial Religious
will not be the first examination of the incident: The Deschutes County Sheriff's Office and Bend Police De-
Nakahira.
eral data about bird deaths on about anything." is to deny.... They know we wind-energy farms in 2013, Petersen called the desighave tomove on to other she says, she met a stone wall. nated public information offistories," Singer said. The industry-supplied infor- cial and got the starting time. The stories aren't always mation, the agency told her, the buck as consequential or as dra- was "protected" and couldn't Passing matic as a T B outbreak, be releasedbecause it would As for Stacey Singer, the but Singer's experience is harm a private interest. Florida reporter who investishared by virtually every Cappiello suspected a po- gated the TB outbreak, CDC journalist on the govern- litical motive for the depart- s pokesman S c ot t Bry a n ment beat, from the White ment's silence: The Obama said by email that the agenHouse on down. They administration supports the cy turned her away because can recite tales with simdevelopment of wind power, " questions about T B ou t ilar outlines: An agency and release of the data might breaks (or possible TB outspokesman — frequently undercut public support if it breaks) are best addressed by a political appointee — re- showed that wind farms kill the state or local departments jects the reporter's request large numbers of protected of health in the affected areas. for interviews, offers par- species, such as eagles and We routinely refer reporters to tial or nonresponsive re- falcons. state or local officials as they plies or delays responding She filed a FOIA request are best able to speak to the
day that the law isn't discrim-
By Glenn Kessler
same language." — Indiana Gov.Mike Pence, R, on A B C's "This Week," March 29, 2015
The Oregon Department of Justice's investigation
iff's Office Counsel Darryl
Pence and the new law. Hillary Rodham Clinton attacked it as
Is the controversial Indiana law 'the same' as laws elsewhere?
FACT
about 9 p.m.
24 through a public records request shows Mays becoming increasingly agitated in his holding cell as deputies partment initiated a law enapparently ridiculed him forcement investigation imyet observed he might need mediately after Mays' death. medical attention. Investigative materials were A deputy called 911 at turned over to the district about 8:56 p.m., according attorney March 6, according to the video. Mays became to Deschutes County Sher-
porters have always wanted more information than
'After
half
an hour earlier, according to police records. He died
TOUCHMARK SINCH 1980
•3
•
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tive Government.
until recently the national
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