Indiana is a state situated in the mid-western United States and is well-known across the rest of the United States and much of the world for the Indianapolis 500-Mile Race, one of the most prestigious motor sports races in the world. This week, however, Indiana finds itself in the spotlight because of the passage of SB 101 the Religious Freedom Restoration Act into law. Governor Mike Pence signed the bill into law on March 26, 2015, and the law went into effect on July 1, 2015. The legislation is necessary, as supporters of the bill such as Eric Miller of Advance America asserted because, “it is vitally important to protect religious freedom in Indiana […] to help protect churches, Christian businesses, and individuals from those who want to punish them because of their Biblical beliefs!” (Victory at the State House) Those in opposition to the legislation such as Democratic Party Senate Minority Leader Tim Lanane fear the legislation allows for discrimination on religious grounds. As Senator Lanane stated, it is “extremely disappointing that Governor Pence endorses this out-of-touch, discriminatory legislation. Not only is this law unnecessary, it, unfortunately, has already portrayed our state as intolerant, unfriendly, and backwards; things which I believe most Hoosiers reject.” (as cited in the Indy Star) Governor Pence disagrees, stating “this bill is not about discrimination and if I thought it legalized discrimination I would have vetoed it.” (as cited in the Indy Star) Is religious freedom threatened in Indiana and does this legislation intended to safeguard religious freedom allow for legal discrimination on religious grounds? These questions merit further discussion. Continue reading
Tag Archives: Religious Freedom Restoration Act of 1993 (RFRA)

The emphasis must be not on the right to abortion but on the right to privacy and reproductive control. — Ruth Bader Ginsburg
Controversy rages on in U. S. society over the issues of religious liberty and sexuality. The right to marry, the destigmatization of homosexuality and reproductive freedom are issues that, historically and in the present, conflict with deep-seated religious beliefs and traditions in U.S. society. While the U.S. Congress and State Legislatures addressed these issues, especially in passing legislation to guarantee religious liberty, disputes concerning religious freedom and sexuality more often are settled by the courts. In 1967 the Supreme Court of the United States (SCOTUS) ruled state bans on interracial marriage were unconstitutional in Loving v. Virginia. In 2013, SCOTUS struck down the Defense of Marriage Act (DOMA) and refused to hear the appeal of Proposition 8 in California. This removed legal barriers to same-sex marriage. Homosexuality was decriminalized in the U.S. in 2003 when SCOTUS ruled on Lawrence v. Texas. Most recently, the decision handed down by SCOTUS in Burwell v. Hobby Lobby is generating heated discussion in the media and blogosphere. In this instance, SCOTUS ruled on a dispute between the issues of religious liberty and reproductive rights. Continue reading