Liberals against Religious Liberty in Indiana

By Published on March 30, 2015

Indiana has adopted a state-level version of the federal Religious Freedom Restoration Act (RFRA), thereby imposing a “strict scrutiny” legal standard when the state government or local powers pass laws that interfere with the free exercise of religion. For this, Governor Mike Pence and Indiana’s legislators have been denounced as gay-hating monsters, a claim that was never made about President Bill Clinton, who signed the federal RFRA, or about the people and powers of such liberal states as Connecticut, which is one of the 20 states with a RFRA. Another dozen or so states have constitutional provisions similar to those in RFRA.

Indiana’s law is controversial for two possible reasons. The first is political: Democrats, unhappily laboring under the largest Republican congressional majority since before the New Deal, are looking to pick fights over issues such as gay rights, abortion, and environmental regulation, believing that this will help their fund-raising and invigorate their demoralized partisans. The second reason might be more substantive: Indiana’s law, like some other state RFRAs (but unlike the federal statute, which has been interpreted in different ways by different courts), expressly states that it allows religious practice to be raised as a defense not only when the government is a party to the controversy but also in litigation undertaken by private parties under state law — including laws that prohibit discrimination against homosexuals. Which is to say, this is another skirmish in the endless battle of the Big Gay Wedding Cake.

Read the article “Liberals against Religious Liberty in Indiana” on nationalreview.com.

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