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Veilex

(1,555 posts)
Mon Mar 30, 2015, 06:37 PM Mar 2015

What Makes Indiana's Religious-Freedom Law Different?

The new Indiana statute also contains this odd language: “A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding.” (My italics.) Neither the federal RFRA, nor 18 of the 19 state statutes cited by the Post, says anything like this; only the Texas RFRA, passed in 1999, contains similar language.

What these words mean is, first, that the Indiana statute explicitly recognizes that a for-profit corporation has “free exercise” rights matching those of individuals or churches. A lot of legal thinkers thought that idea was outlandish until last year’s decision in Burwell v. Hobby Lobby Stores, in which the Court’s five conservatives interpreted the federal RFRA to give some corporate employers a religious veto over their employees’ statutory right to contraceptive coverage.

Second, the Indiana statute explicitly makes a business’s “free exercise” right a defense against a private lawsuit by another person, rather than simply against actions brought by government. Why does this matter? Well, there’s a lot of evidence that the new wave of “religious freedom” legislation was impelled, at least in part, by a panic over a New Mexico state-court decision, Elane Photography v. Willock. In that case, a same-sex couple sued a professional photography studio that refused to photograph the couple’s wedding. New Mexico law bars discrimination in “public accommodations” on the basis of sexual orientation. The studio said that New Mexico’s RFRA nonetheless barred the suit; but the state’s Supreme Court held that the RFRA did not apply “because the government is not a party.”


http://www.theatlantic.com/politics/archive/2015/03/what-makes-indianas-religious-freedom-law-different/388997/
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What Makes Indiana's Religious-Freedom Law Different? (Original Post) Veilex Mar 2015 OP
That is a great article Gothmog Mar 2015 #1
First, We Have DallasNE Mar 2015 #2
Actually, the Supreme Court decision that said corporations were people Fortinbras Armstrong Apr 2015 #5
Is That Ruling Still On The Books? DallasNE Apr 2015 #6
Yes, it is still the law Fortinbras Armstrong Apr 2015 #10
Conservatives believe that Christians are so inherently bigoted Midnight Writer Apr 2015 #3
This law also would FlaGranny Apr 2015 #4
Where Is The Equal Protection In This Law DallasNE Apr 2015 #7
Sometimes I wonder which one causes more damage, Congress or the SCOTUS. Rex Apr 2015 #8
I'd agree. Veilex Apr 2015 #9

Gothmog

(145,489 posts)
1. That is a great article
Mon Mar 30, 2015, 08:50 PM
Mar 2015

It does one of the better jobs of explaining the differences between the federal act and the other states acts as compared to the Indiana act. Here is another decent article on the differences http://thinkprogress.org/lgbt/2015/03/30/3640374/big-lie-media-tells-indianas-new-religious-freedom-law/

DallasNE

(7,403 posts)
2. First, We Have
Tue Mar 31, 2015, 11:42 AM
Mar 2015

The Citizens United Supreme Court ruling that for the very first time says corporations are people. Then we have the Hobby-Lobby Supreme Court decision that says corporations have deeply held religious views that must be protected when it comes to health insurance contraceptive coverage. Now Indiana is expanding that ruling into other areas involving interaction between businesses and the public that opens the door to discrimination against people not covered by protections under the civil rights laws.

One would think that all of this is unnecessary because of the 1st Amendment protections but this Supreme Court has chosen to chip away at the 1st Amendment by the extra-legal gutting of the establishment clause in the 1st Amendment. The Supreme Court has become the supreme legislative body in this country so the Supreme Court needs to be fixed by taking away their dictatorial powers.

Fortinbras Armstrong

(4,473 posts)
5. Actually, the Supreme Court decision that said corporations were people
Wed Apr 1, 2015, 08:42 AM
Apr 2015

Was Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886). In an otherwise completely unremarkable decision on commercial property tax assessments, there is a note

One of the points made and discussed at length in the brief of counsel for defendants in error was that 'corporations are persons within the meaning of the Fourteenth Amendment to the Constitution of the United States.' Before argument, Mr. Chief Justice Waite said: The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does.

DallasNE

(7,403 posts)
6. Is That Ruling Still On The Books?
Wed Apr 1, 2015, 05:04 PM
Apr 2015

I bring that up because the 16th Amendment authorizing the income tax resulted in corporate and individual income taxes being treated differently so where is the equal protection with income taxes. Indeed, even today there are classes of property with different tax rates and that is what causes me to ask if the ruling is still on the books. Granted, the Supreme Court often splits hairs so they could conceivably have different standards for property and income taxes. Something I don't understand is why the counsel for the defendant would bring up the point that corporations are persons within the meaning of the 14th Amendment if it is as the Chief Justice says "we are all of the opinion that it (corporations are persons) does (apply)".

Still, granting personhood to corporations as done in Citizens United is a giant leap from 14th Amendment protections on property taxes. Citizens United also declared that money is speech so money is as unencumbered as speech.

Midnight Writer

(21,788 posts)
3. Conservatives believe that Christians are so inherently bigoted
Wed Apr 1, 2015, 01:30 AM
Apr 2015

that they need special laws to protect their practices of intolerance.

Christians should feel insulted.

FlaGranny

(8,361 posts)
4. This law also would
Wed Apr 1, 2015, 08:26 AM
Apr 2015

allow non-Christians to discriminate against Christians, wouldn't it? I think so. Probably some backlash would be appropriate here. Jewish movie theaters might exclude Christians, Muslim operated stores could refuse service to Christians, and on and on. What a nice pickle for a state to be in. I would like to see it happen. These idiots need to learn a lesson that religious freedom means for everyone - every single person - or no one at all. There is no compromising. Religious freedom exists for all or it exists for none.

Dumb-ass Fundies will never get it. They have the same mindset as the Taliban.,

DallasNE

(7,403 posts)
7. Where Is The Equal Protection In This Law
Wed Apr 1, 2015, 05:12 PM
Apr 2015

This bill would permit religious people to discriminate against gays but would not permit gays to discriminate against people of faith.

Indeed, would this bill not also allow for people of faith to discriminate against atheists. And if that is the case it runs headlong into the establishment clause. What a mess.

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