We all have heard about Indiana’s “Religious Freedom Restoration Act” (RFRA). Republicans are arguing that Indiana’s law is no different from the federal law passed in 1993 that Democrats voted for and Mr. Clinton signed. That is untrue. As Think Progress points out, Indiana’s bill goes much further than the 1993 federal law or any other state law:
There are several important differences in the Indiana bill but the most striking is Section 9. Under that section, a “person” (which under the law includes not only an individual but also any organization, partnership, LLC, corporation, company, firm, church, religious society, or other entity) whose “exercise of religion has been substantially burdened, or is likely to be substantially burdened” can use the law as “a claim or defense…regardless of whether the state or any other governmental entity is a party to the proceeding.”
So here is the difference: Neither the federal RFRA, nor 18 of the 19 state RFRA statutes says anything like that, only the Texas RFRA, passed in 1999, and the new Arkansas RFRA law contain similar language.
Garrett Epps in The Atlantic points out that the federal RFRA and the other 18 state RFRAs protect private citizens’ religious beliefs from their government. Indiana’s is the only law that explicitly applies to disputes between private citizens. This means it could be used by individuals to justify discrimination against individuals that might otherwise be protected under law.
That’s the difference. The Indiana law is a blanket permission to discriminate, plain and simple. It’s effectively a “Stand Your Ground” law for bigots. If you choose to discriminate against someone, you can claim the law as a defense if you feel your “exercise of religion is substantially burdened.”
Back to Section 9, which also defines a person in this case as any organization, partnership, LLC, corporation, company, firm, church, religious society, or other entity. So, if an Indiana business wanted to refuse to serve LGBT customers on religious grounds, they could theoretically claim this law as a defense, and say that allowing them to shop there would “substantially burden” the business’s “exercise of religion”.
If you doubt the original intent of the Indiana RFRA, check out the photo of Gov. Pence’s signing ceremony. You will see nuns in full regalia, along with 2 anti-gay lobbyists as well. If you missed it, you can see it here. Maybe its not surprising that the Governor’s people won’t reveal the names of all who are in the picture. Indiana had the lowest voter turnout percentage in the Nation in 2014 at 27.8%. Maybe Indiana voters need to take charge of their own situation.
Those on the religious right who hold political office continually promote a social agenda as an act of political resistance to our secular world. This problem has been with us since before we became a country. It was part of most of the original 13 state constitutions. Except for Pennsylvania, every other state’s constitution required you to be a Christian believer to hold office, or in some cases, only Protestants could hold office, since being a Christian seemed too broad a definition.
William Penn only required an acknowledgement in some sort of creator, leaving only atheists outside of the political arena.
Those that want the laws of god in heaven to become the laws of the USA here on earth see Indiana’s RFRA as a political victory. Conservative Christians vote for politicians who will prosecute various forms of “sinful” behavior, especially if sexually defined, like abortion, online pornography websites like hdpornvideo.xxx, pornography magazines, and homosexuality. Some want to outlaw certain books, or music. Some go further, and bomb abortion clinics and kill doctors, while some will beat a gay person to death every now and then.
Now they are back to passing laws against “sin” while pretending they are upholding religious liberty. This is a country where Christianity is overwhelmingly the majority religion. To carry on as if its followers are a persecuted minority is abjectly false. Many of them carry little copies of the Constitution. Too bad they don’t understand what it says.
The Wrongologist is sick of eating their shit, and so are the majority of Americans.
Funny too about Indiana. A very conservative state, significant in the formation of the second KKK, it was once a prosperous mix of small agricultural towns and towns with heavy industry. The industry has collapsed and the small farm towns have been destroyed by Walmart. In poor towns across Indiana, men sell drugs (white men, this is not about the ghetto) and use ’em too. Significant is an HIV outbreak (following by a few years the defending of Planned Parenthood which provided STD testing.
Given this mix of horrors, it says something that instead of facing them, that Indiana would instead pass a law such as the one under discussion.
Agree. When the auto industry left, Indiana replaced $30/hr jobs with fewer $15/hour jobs, which most auto union people would not accept. For a long time, unemployment was high. Many former auto workers spent the rest of their work lives unemployed. Before I sold my company, we had ~400 employees in Indianapolis, a fraction of whom were Hispanic or black. Every year, we had several cases of severe race-related violence, more than we had with similar employee demographics anywhere else. We used to say in the early 2000’a that Indiana was still locked in the 1950’s when it came to civil rights.