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In reply to the discussion: 19 states that have ‘religious freedom’ laws like Indiana’s that no one is boycotting [View all]Luminous Animal
(27,310 posts)60. Actually, there are big differences. The federal act's intent was to protect specific religious
practices; for instance, not compelling an Orthodox Jew to work on the Sabbath, or allowing for the protection of tradition sacred lands. The Indiana law allows for individual bigotry.
Here is the text of the federal statute:
(a) In general
Government shall not substantially burden a persons exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section.
(b) Exception
Government may substantially burden a persons exercise of religion only if it demonstrates that application of the burden to the person
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
(c) Judicial relief
A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution.
Here is the text of the Indiana statute:
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 34-13-9 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
Chapter 9. Religious Freedom Restoration Act
Sec. 1. (a) As used in this chapter, "burden" means an action that directly or indirectly:
(1) constrains, inhibits, curtails, or denies the exercise of religion by a person; or compels a person to take an action that is contrary to the person's exercise of religion.
(b) The term includes:
(1) withholding a benefit from a person;
(2) assessing a criminal, a civil, or an administrative penalty against a person; or
(3) excluding a person from a governmental program or denying a person access to a governmental facility.
2015IN 568LS 7497/DI 69
Sec. 2. As used in this chapter, "compelling governmental interest" means a governmental interest of the highest magnitude that cannot otherwise be achieved without burdening the exercise of religion.
Sec. 3. (a) As used in this chapter, "exercise of religion" means the practice or observance of religion.
(b) The term includes a person's ability to:
(1) act; or
(2) refuse to act; in a manner that is substantially motivated by the person's sincerely held religious belief, regardless of whether the religious belief is compulsory or central to a larger system of religious belief.
Sec. 4. As used in this chapter, "person" means 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.
Sec. 5. As used in this chapter, "state action" means:
(1) the implementation or application of a state or local law or policy; or
(2) the taking of any other action; by the state or a political subdivision of the state.
Sec. 6. A state action, or an action taken by an individual based on state action, may not substantially burden a person's right to the exercise of religion, even if the burden results from a law or policy of general applicability, unless the state or political subdivision of the state demonstrates 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.
32
Sec. 7.
(a) A person whose exercise of religion:
(1) has been substantially burdened; or
(2) is likely to be substantially burdened; by a violation of section 6 of this chapter may assert the violation, or impending violation, 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.
(b) A person who asserts a claim or defense under subsection (a) may obtain appropriate relief from a violation, or an impending violation, of section 6 of this chapter, including relief against the
state or a political subdivision of the state. Appropriate relief under this subsection includes any of the following:
(1) Injunctive relief.
(2) Declaratory relief.
(3) Compensatory damages.
(4) Recovery of court costs and reasonable attorney's fees.
SECTION 2.
An emergency is declared for this act
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19 states that have ‘religious freedom’ laws like Indiana’s that no one is boycotting [View all]
B2G
Mar 2015
OP
20 wrongs do not make a right, good to see the mass media is waking up, even if unintentionally.
Fred Sanders
Mar 2015
#1
The federal Religious Freedom Restoration Act was introduced by Chuck Schumer...
PoliticAverse
Mar 2015
#4
It's especially silly for cake makers since all they have to do is change out a bride or groom.
PoliticAverse
Mar 2015
#23
The reasons for the Federal law (which does not permit discrimination) were legal disputes involving
Bluenorthwest
Mar 2015
#24
The main purpose of RFRA was to protect Native American religious practices
The Velveteen Ocelot
Mar 2015
#27
For me, I loathe religion. I think it's the greatest pestilence even unleashed on mankind! One has
RKP5637
Mar 2015
#8
I don't see much of a difference between abolishing religion and abolishing atheism.
stone space
Mar 2015
#52
Out of all those states, Arizona, Idaho and Virginia are the only ones I've visited.
nomorenomore08
Mar 2015
#14
Actually, there are big differences. The federal act's intent was to protect specific religious
Luminous Animal
Mar 2015
#60
The difference is Connecticut has strong GLBT protections written into law.
NutmegYankee
Mar 2015
#26
This section allows any current Indiana law to be challenged for religious reasons.
LiberalFighter
Mar 2015
#47