Is Indiana's Religious Freedom Law A New Way To Discriminate?
Religious freedom, or freedom to discriminate? That is the question that needs to be answered, after Indiana Governor Mike Pence signed the Religious Freedom Restoration Act into law last week. The passage of the law has outraged a lot of people including those from the LGBT community, who the law allegedly targets.
Passage of this new law, is meant to give business owners the right to refuse service to anybody who burdens their genuine religious belief. Its states:
“a state or local government action may not substantially burden a person's right to the exercise of religion unless it is demonstrated that applying the burden to the person's exercise of religion is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of furthering the compelling governmental interest. Provides that a person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a state or local government action may assert the burden as a claim or defense in a judicial proceeding, regardless of whether the state or a political subdivision of the state is a party to the judicial proceeding. Allows a person who asserts a burden as a claim or defense to obtain appropriate relief, including: (1) injunctive relief; (2) declaratory relief; (3) compensatory damages; and (4) recovery of court costs and reasonable attorney's fees.”
A similar law is up for passage in Arkansas and other states. While laws with similar language have been passed in 19 other states, there is one noticeable difference in the language used in Indiana. It defines person as:
“an individual, an association, a partnership, a limited liability company, a corporation, a church, a religious institution, an estate, a trust, a foundation, or any other legal entity.”
In every law that I read from each state, no other state defines a person as a legal entity. Each state law defines a person as an individual.
In Arizona a similar law was almost passed but was eventually struck vetoed by Governor Jan Brewer.
The bigger question is whether or not the law will be used not only to discriminate against the LGBT community but other communities of faith, and other minority groups that don’t align with values of the Christian community.
The Christian community has come under fire in recent years as the wave of marriage equality politics have took our country by storm. I personally have seen the backlash Christian’s face by opposing marriage equality. They have been called names such as bigots, gay haters, homophobes, etc. I’m implying that every person supporting gay marriage believes that, and the same for the Christian community.
But I do want to take you back briefly to an era in our history that we attempt to erase everyday. I want to take you back to a day when the Ku Klux Klan used religion (specifically Christianity) as a basis for discrimination and intimidation of Catholics, Jews, African-American’s, Latino’s and other groups that didn’t align with the groups “white supremacy”.
One can argue that Christian’s again have a way to discriminate and further prevent the progression of society with the passage of this law. On the flip side, some argue that it protects Christian’s against the backlash they may face for sticking to their religious beliefs.
The law allows for discrimination, no matter which way you interpret it. Lets put it this way, I can walk into a business and be denied service due to the fact that I don’t align with the religious values of the owner. I also think the law is a horrible move for the Republican party. Even with control of both the Indiana legislature, the GOP hurt its chances of retaining complete control. The biggest problem with the GOP party is its inability to adapt to social and economic changes in our country. In order for the GOP to continue to remain relevant across the country and have a fighting chance at winning the 2016 presidential election, laws like this cannot be passed.
But back to the original question, are we moving back to an era where discrimination is excused under the banner of religion? With the passage of this new law does this halt, will this put an end to progressive politics?