The Indiana Religious Freedom Restoration Act
My adopted home state is getting a lot of criticism for enacting a state version of RFRA. I’m not sure why.
The concern is that the statute will authorize many businesses to refuse service to gays and lesbians. As far as I know, though, no case construing the federal version of RFRA or the other state versions has held that this fact-pattern is covered. Now is such an interpretation possible? Yes. Do some of the legislators who supported this statute in Indiana want that interpretation to be the law? Probably. My only point, though, is that there’s nothing special about Indiana’s statute as compared to the one enacted by Congress in 1993 or by many other states, and none of them (so far) authorize discrimination based on sexual orientation.