Volokh Conspiracy "Supporters of the new Indiana Religious Freedom Restoration Act argue
that it is substantially modeled on the 20-year-old federal RFRA and on
the many other state mini-RFRAs that have not been used to erode civil
rights. Moreover, they note that the new Indiana law does not even
mention, much less target, the group (LGBT people) most vulnerable to
discrimination in employment, housing, and public accommodations.
Therefore, they argue, there is nothing for anyone to fear from the new
law.
"The newly proposed RFRAs being considered in a number of states do in fact differ textually from the older RFRAs in ways that somewhat expand their application and that resolve disputed interpretations of the original federal RFRA in favor of more expansive readings (e.g., on the question whether RFRA can be used as a defense in private litigation). The Indiana law does both of these, although its core provisions establishing the strict scrutiny test for substantial burdens on the exercise of religion are the same as the federal law’s." . . .
Dale Carpenter is the Distinguished University Teaching Professor and Earl R. Larson Professor of Civil Rights & Civil Liberties Law at the University of Minnesota Law School. He teaches and writes in the areas of constitutional law; the freedoms of speech, association, and religion; and sexual orientation and the law
What will the Indiana religious freedom law really do?
"The newly proposed RFRAs being considered in a number of states do in fact differ textually from the older RFRAs in ways that somewhat expand their application and that resolve disputed interpretations of the original federal RFRA in favor of more expansive readings (e.g., on the question whether RFRA can be used as a defense in private litigation). The Indiana law does both of these, although its core provisions establishing the strict scrutiny test for substantial burdens on the exercise of religion are the same as the federal law’s." . . .
Dale Carpenter is the Distinguished University Teaching Professor and Earl R. Larson Professor of Civil Rights & Civil Liberties Law at the University of Minnesota Law School. He teaches and writes in the areas of constitutional law; the freedoms of speech, association, and religion; and sexual orientation and the law
What will the Indiana religious freedom law really do?
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