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Luminous Animal

(27,310 posts)
60. Actually, there are big differences. The federal act's intent was to protect specific religious
Sun Mar 29, 2015, 02:22 PM
Mar 2015

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 person’s 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 person’s 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 568—LS 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

Recommendations

0 members have recommended this reply (displayed in chronological order):

20 wrongs do not make a right, good to see the mass media is waking up, even if unintentionally. Fred Sanders Mar 2015 #1
What's your point? 99Forever Mar 2015 #2
This was to inform people B2G Mar 2015 #3
Some of the states listed ban discrimination against LGBT persons. NutmegYankee Mar 2015 #35
The federal Religious Freedom Restoration Act was introduced by Chuck Schumer... PoliticAverse Mar 2015 #4
Was there this much aversion B2G Mar 2015 #5
It was extremely 'bi-partisan'... PoliticAverse Mar 2015 #7
Still scratching my head... nt B2G Mar 2015 #9
The issue is coming to a head now primarily because of same-sex marriage PoliticAverse Mar 2015 #11
you really have to have a lot of hate... awoke_in_2003 Mar 2015 #20
It's especially silly for cake makers since all they have to do is change out a bride or groom. PoliticAverse Mar 2015 #23
Exactly.... sendero Mar 2015 #32
the problem with the law awoke_in_2003 Mar 2015 #33
Well... sendero Mar 2015 #34
No, it implies... awoke_in_2003 Mar 2015 #57
Seriously? stone space Mar 2015 #40
The reasons for the Federal law (which does not permit discrimination) were legal disputes involving Bluenorthwest Mar 2015 #24
The scope of that bill was not intended for that purpose. LiberalFighter Mar 2015 #42
The main purpose of RFRA was to protect Native American religious practices The Velveteen Ocelot Mar 2015 #27
K&R! marym625 Mar 2015 #6
For me, I loathe religion. I think it's the greatest pestilence even unleashed on mankind! One has RKP5637 Mar 2015 #8
+1000 marym625 Mar 2015 #19
I've heard of folks who loathe atheism, also. stone space Mar 2015 #29
It is, and hence a divided nation. n/t RKP5637 Mar 2015 #30
Should atheism be abolished? You talk about abolishing religion. (nt) stone space Mar 2015 #31
In my perfect world there would be neither. n/t RKP5637 Mar 2015 #36
Agnostics Rule! (nt) stone space Mar 2015 #37
Yes, agree, they should! n/t RKP5637 Mar 2015 #38
. stone space Mar 2015 #39
How is atheism a religion? haikugal Mar 2015 #43
Who said that atheism is a religion? (nt) stone space Mar 2015 #46
Your question implied it haikugal Mar 2015 #49
I don't see much of a difference between abolishing religion and abolishing atheism. stone space Mar 2015 #52
Clarity, Thx. haikugal Mar 2015 #53
No, not even slightly. Donald Ian Rankin Mar 2015 #62
I'm not sure what your point here is. stone space Mar 2015 #63
Magic-thinking is fatal. nt valerief Mar 2015 #56
IMO this is an excellent informative post! Thanks! n/t RKP5637 Mar 2015 #10
I am okay with boycotting all of them Kalidurga Mar 2015 #12
Oklahoma laws were killed OKNancy Mar 2015 #13
Out of all those states, Arizona, Idaho and Virginia are the only ones I've visited. nomorenomore08 Mar 2015 #14
ACLU: "The timing of this legislation is important to understanding its INTENT: Zorra Mar 2015 #15
But that doesn't change the fact that the text of the bill B2G Mar 2015 #17
I didn't say it did. But it is the reason that Indiana is at the forefront of Zorra Mar 2015 #18
Probably because of ALEC awoke_in_2003 Mar 2015 #21
It is not almost identical. Neither are the states. LiberalFighter Mar 2015 #45
Actually, there are big differences. The federal act's intent was to protect specific religious Luminous Animal Mar 2015 #60
thanks for posting and highlighting the differences. salin Mar 2015 #61
I believe Kansas was the first state to start this MuseRider Mar 2015 #16
I call Bullshit for Connecticut NutmegYankee Mar 2015 #22
The (b) part is the same as in the Indiana law: PoliticAverse Mar 2015 #25
The difference is Connecticut has strong GLBT protections written into law. NutmegYankee Mar 2015 #26
The laws are similar but not identical with important differences riderinthestorm Mar 2015 #28
This section allows any current Indiana law to be challenged for religious reasons. LiberalFighter Mar 2015 #47
Thank you for the specific details. riderinthestorm Mar 2015 #51
Supremely dishonest article and OP alcibiades_mystery Mar 2015 #41
Thank you LiberalFighter Mar 2015 #50
Give us time - nt LiberalElite Mar 2015 #44
Its even worse...31 according to this workinclasszero Mar 2015 #48
Michican has one going through the Lansing cesspool right now project_bluebook Mar 2015 #54
You know that bastard will workinclasszero Mar 2015 #55
I don't think Dickie will sign it. roamer65 Mar 2015 #58
You may be right project_bluebook Mar 2015 #59
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