INDIANAPOLIS — Democratic Indiana senators were outnumbered Tuesday evening when they tried to stop an amendment that would radically change a hate crimes bill working its way through the Indiana legislature.
But they weren’t alone in their dissent. Seven Republicans, including Indianapolis Sen. Jim Merritt, voted against the amendment.
Merritt said he was in favor of the list on the original bill – the list of protected characteristics that could be considered by judges when determining aggravated sentences in hate crimes. That list included gender identity, sexual orientation, race and others.
In its place are the words “including bias” when saying what judges can use as determining factors. Those who opposed the amendment say that leaves the definition of a bias crime to be too broad, meaning it would put somebody’s opinions and actions on the same level as the things they can’t control, such as race.
"We believe we need a meaningful bias crimes law in the State of Indiana," Sen. Tim Lanane, D-Anderson, said. "Not something that judges will look at and say, 'Bias? Bias toward whom? What does biased mean?' We need to give, as policymakers for the State of Indiana, clear direction to the judges of the state as to what it is we say we will not stand for in the State of Indiana."
PREVIOUS | Drastic changes made to Indiana's hate crimes bill
After listening to the testimony for the initial bill in a committee hearing Monday, Merritt said it would have been “really difficult” for him to vote in favor of the amendment.
His vote Tuesday was a change from his voting history many years ago. Merritt has been a member of the Indiana Senate since 1991, and he voted against hate crimes legislation more than a decade ago.
He said the change came down to the fact that his constituents didn’t support a hate crimes bill years ago, but they do now. Merritt did vote in favor of a hate crimes bill a couple of years ago.
“I think Indiana, incrementally, has changed,” Merritt, who is also running for mayor of Indianapolis, said. “I've tried my very best to represent my 137,000 constituents and I talk to them. I see them. I hear from them. “
Despite breaking with the 32 other Republicans in the Senate on the vote, Merritt isn’t scared of any pushback from his caucus.
“Being the No. 2 person in the Senate and No. 2 person in caucus, caucus chair, no,” Merritt said. “Everyone knew how I felt about the issue.”
Merritt said he will vote yes for hate crime legislation on Thursday, when the entire bill is up for a vote.
