It is difficult to overestimate either the entertainment value of Indiana’s new “Religious Freedom Restoration” law or the damage that it has already done. With the support of religious conservatives, Hoosier Republicans have swept away the authority of all government agencies to”…substantially burden a person’s exercise of religion…” The law allows anyone who thinks their free exercise of religion has been impaired to receive attorney fees and compensatory damages if they prevail in court. Randolph County legislators Pat Hurley and Allen McNeill are sponsoring a similar law in North Carolina.
Indiana Governor Mike Pence says the new law is purely about assuring religious freedom, “Today I signed the Religious Freedom Restoration Act, because I support the freedom of religion for every Hoosier of every faith…The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action.”
There were citizens, businesses and organizations that opposed passage of the law because they think it will be used to allow discrimination against LGBT citizens, to impair access to birth control and for other social conservative causes. They too feel “under attack by government action” in the form of the new law. Governor Pence however, insists that, “This bill is not about discrimination and if I thought it legalized discrimination I would have vetoed it.”
Why do opponents of the law feel attacked? Perhaps it is because the law’s proponents seek restoration of what they see as their god-given right to institutionalized bigotry:
- Some claim religious freedom to exclude birth control from their employees’ health insurance plans (with complete disregard of the employees’ beliefs).
- The website of “Advance America.com” explicitly says that they support the law because it will invalidate local ordinances prohibiting discrimination against LGBT citizens. They explain that, “Churches, Christian businesses and individuals deserve protection from those who support homosexual marriages and those who support government recognition and approval of gender identity…” That is homophobia, not religious freedom.
- “Indiana Right to Life” supports the law because it let’s businesses refuse to serve those who are pro-choice. That isn’t religious freedom. It’s spite against those who support freedom of choice.
The law was opposed by many moderate organizations including Christian churches and Indiana’s Chamber of Commerce. They predicted negative consequences but now Indiana’s Governor seems surprised by public reaction:
- The NCAA is worried about hosting events in the state and about how employees at its Indianapolis headquarters will be affected.
- Apple CEO Tim Cook said, “Apple is open for everyone. We are deeply disappointed in Indiana’s new law…Around the world, we strive to treat every customer the same — regardless of where they come from, how they worship or who they love.”
- Angie’s List, headquartered in Indianapolis, has postponed plans for a $40 million expansion there. Their CEO, who chaired the campaign of former Republican Governor, Mitch Daniels, said that the law would make it harder for Indiana businesses to attract top talent.
- Shortly after Pence signed the law, Salesforce.com CEO Marc Benioff, announced that his company will cancel all corporate-related travel to Indiana.
The law protects religious freedom “regardless of whether the belief is central to a larger system of religious belief”; so anyone who wants to invent a “sincere” belief is protected. Imagine the possibilities. Comedian Flip Wilson’s character, the Reverend LeRoy and his “Church of What’s Happening Now” could make a Hoosier comeback. Pagan groups might appreciate legal protection of their right to dance naked at ceremonies in the Hoosier National Forest. The “First Church of Cannabis” has already been incorporated, just days after the law was passed. Not since Vincennes, Indiana native Red Skelton flew Gertrude and Heathcliff into the state has Indiana had such fun-loving visitors.
On a more serious note, people with religious objections to vaccinating their children might flock to a state where they are free to expose others to measles and whooping-cough. And school dress codes will presumably be modified to accommodate whatever any student or parent claims as a religious belief. Those possibilities make dancing pagans sound pretty good.
Get ready Tarheels. It’s our turn next. On March 26, 2015 the McNeill and Hurley sponsored version of the bill passed first reading in the NC House. It will enable bigotry to disguise itself as religion but it might legalize marijuana as a sacrament at the same time. Is this a tragedy or a comedy?
Excellent commentary Bob. Will the pandering and incompetence in our legislature ever end? You would think they were busy enough micromanaging city and county governments and local school boards to have time to meddle with religion! Whatever happened to the party of “less government?” I would love for them to come to their senses and vote against this and a great deal of other horse manure, but I’m not holding my breath until that happens.
As for the “Defense of Religion Act”, if it passes, there is some hope that Governor McCrory might veto it. According to the Charlotte Observer he said “it makes no sense.” We can hope he will stand up to the legislature this time, but his track record on that is not good.
Mike and Jim: Very insightful comments. Thank you.
This motivation for this law has little to do with the rights of either the religious or with the people a minority of the religious might choose to discriminate against. It is motivated by politics. It is no coincidence that these laws a being passed in a year ahead of a national election.
Pence and the Indiana legislators know full well that their new law will almost certainly be challenged in court and that the Roberts court is unlikely to affirm it.
Republican leaders know full well that their party does not fare as well in presidential election years because many who vote for Democrats are likely to vote in higher numbers than their own rank and file. The GOP needs issues that will spur their partisans to vote in even larger numbers to counteract Democratic turnout. Why Democrats skip ‘off year’ elections is a separate question.
So this issue will remain in the news to serve as a reminder to conservative voters that the Republican Party is taking action on causes they favor. More laws of this type will be passed. Those laws will be criticized. Those laws will be challenged in court and may be appealed to the Supreme Court by the day of our next presidential election. Given the speed with which such matters move through our judicial system, the challenges will not yet have been heard, and may not even be on the docket.
I am heartened that many organizations, businesses and even religious groups have responded with treats to boycott Indiana that have led Pence to talk about action to ‘clarify’ the new law. But at the same time I am discouraged that our political parties resort to such tactics when there are important challenges being ignored and rarely seriously discussed by either party.
Thank you Mike. Very insightful.
next thing will allow a state or national religion. What’s the difference between the USA and Saudia Arabia. State religion.
Great question… I don’t have an answer.
Good column Bob; WTF are they thinking?
Mike Shores comment on that subject is insightful.
Your niece, Becky, shares your blog with me. I have finally subscribed myself. I appreciate your words. They so poignantly describe just what I am feeling. I have been a Hoosier public educator for the past 29 years. I champion the legal right to dignity for all Americans. I have shared this entry on my Facebook page. My warmest regards. I told Becky that I know we would be great friends should our paths ever cross.
Thank you for the kind words. I hope our paths will cross.