Why North Carolina's "Religious Freedom" Bill Is Even Worse Than Indiana's

Why North Carolina's "Religious Freedom" Bill Is Even Worse Than Indiana's

Sunday, 05 April 2015 00:00
By Chris Kromm, Facing South | News Analysis


Indiana Gov. Mike Pence (R) ignited a national firestorm last week after signing into law the Religious Freedom Restoration Act, which critics argue provides a "license to discriminate" against gay people and others. Angie's List, Apple, Yelp and other companies condemned the move and even threatened to nix expansion projects in the state, prompting the governor to say he wants lawmakers to "clarify the intent" of the law.

But just as Indiana's law was gaining national infamy, North Carolina lawmakers introduced matching Religious Freedom Restoration Act bills in the state House and Senate -- and according to legal scholars, the legislation introduced last week could pose an even greater threat than Indiana's to civil rights.

As in Indiana, proponents of the North Carolina Religious Freedom Restoration Act (RFRA) argue the legislation is modeled on a 1993 law passed by Congress and signed by President Clinton. The federal law proclaimed that the government cannot pass laws that "substantially burden" people's ability to follow their religion, unless the state can prove there's a "compelling interest" in doing so and has no other way to meet that compelling interest.

In 1997, the U.S. Supreme Court ruled that the federal law applied only to the federal government, spurring a number of states to enact their own RFRA laws -- a trend that has grown in the wake of debates over gay civil rights and marriage equality. ...................(more)

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