Rachel Bunn and Megan Banta, Herald-Times
The federal Religious Freedom Restoration Act passed has been in place for more than 20 years. So why is there so much attention on Indiana’s new law, which mirrors the federal one fairly closely?
Indiana’s law faces a much different environment than the federal one did. There’s a heightened sense around the issues of gay rights, particularly marriage, which the U.S. Supreme Court will decide this year.
There’s also the decision in Burwell v. Hobby Lobby, which extended the federal Religious Freedom Restoration Act — an act that requires federal laws to be accommodating to individuals’ religious beliefs unless there’s a compelling interest by the federal government that precludes accommodation — to also include closely held companies.
“I think it’s all of those things coming together,” said Deborah Widiss, an associate law professor at Indiana University.
The argument for the religious freedom law is that it strengthens the First Amendment and prevents the government from infringing on religious beliefs by providing a standard to evaluate laws.
Then there’s the opposing argument, which protesters around the state have signed onto: the law allows for legal discrimination, particularly against same-sex residents.
Jane Henegar, executive director of the American Civil Liberties Union of Indiana, said while Republican legislators continue to say the bill was not intended to encourage discrimination, at least one group in support of the bill has referenced it as a way to do things that discriminate against gays, lesbians and others.
She pointed specifically to examples cited by Advance America, which declares itself the state’s largest pro-family, pro-church, pro-private and home school, and pro-tax reform organization.