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The Religious Freedom Restoration Act, Explained

This article is written by a student writer from the Her Campus at Saint Mary's chapter.

As Saint Mary’s Belles, we call the state of Indiana our home, at least for eight months a year. Indiana is known for its corn fields, crazy weather, and inhabitants calling themselves “Hoosiers.” Recently, national debate has surrounded the normally quiet state, all because of one law: The Religious Freedom Restoration Act. Whether or not you agree with this controversial law, it’s important to be informed of what exactly it means, and who it effects.

The Law

The RFRA, which was signed by Indiana Governor Mike Pence last week, basically states the government cannot infringe on people’s right to religious freedom. People who feel the government has infringed on their right can use this law as defense against law suits. Though there is no mention of sexual orientation in the actual bill, many people believe businesses may use the law to either not hire LGBTQ people or deny them services. They could also discriminate against people of different religions. So, imagine a waiter refusing to serve a gay couple, or a CEO not hiring someone because they are Muslim.

Differences between Indiana’s law and the national law

In 1993, a national law of the same name was passed by Congress. Many supporters say the Indiana and federal laws are almost exactly the same, but opponents say there are three large differences:

1.  The national law says one may defend their religious freedom when it has been burdened, while the Indiana law says they may defend their religious freedom when they feel it is likely to be burdened.

2. The Indiana law specifically states it can be used by for-profit companies.

3. The law seems to imply religious freedom can be used in civil cases (cases not involving the state,) though the wording is vague.

Backlash

Many celebrities have taken to Twitter to express their displeasure with the new law. Indianapolis Colts owner reassured fans all people can cheer in the stands, and Ashton Kutcher went as far as saying “#OUTRAGE.” Other major figures to Tweet included Hillary Clinton and Miley Cyrus. Following all this, Gov. Pence also tweeted his two-cents.

Many major companies have reacted negatively to the law. SalesForce, a national company, is pulling out of Indiana. Angie’s List has put their plans to expand into Indiana on hold. The CEO of Apple wrote an op-ed against the law in the Washington Post. Citizens are making their voices heard in the debate as well. Last Saturday, hundreds gathered outside the Indiana Statehouse to protest the law, carrying rainbow flags and “no hate in our state” signs.

What Supporters Say

Many supporters of the act emphasize the fact sexual orientation is not specifically stated in the law, and claim protests are overblown and exaggerated. They say the law is simply protecting them from having the government force them to do something. Senator Marco Rubio says the law does not legalize discrimination; it just gives Americans the right to “live out their religious faith.” The law was not intended to discriminate, it is simply a protection of constitutional rights.

No matter what side you take on this hot debate, it’s important to keep up to date with current events and make an informed decision. Indiana isn’t just the home of the Hoosiers, it’s also the home of the Belles, and we need to work together to make sure it is a state we are all happy to live in!

Photos: 1, 2, 3, 4, 5

Colleen Zewe

Saint Mary's '18

I love fall, holidays, PSLs and forcing my dog to take pictures with me for Snapchat.
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Therese Burke

Saint Mary's