Hobby Lobby Comes Home to Roost as States Consider 'Religious Freedom' Legislation

Lakhota

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Jul 14, 2011
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For far-right activists and legislators concerned about marriage equality and other LGBT rights, Hobby Lobby provided the perfect opportunity: Pass state Religious Freedom Restoration Acts and effectively grant a religious-exemption claim from LGBT anti-discrimination laws, based on the Supreme Court's rewriting of the federal Religious Freedom Restoration Act of 1993.

As of now, the fate of RFRA bills in Georgia and elsewhere is uncertain, and Gov. Pence has asked the legislature for an amendment to "clarify" that Indiana's RFRA law cannot be used to deny services to anyone. That would be a welcome step -- one that flies in the face of the clear intent of some of the bill's backers, which was clearly to enshrine such a "right" for Indiana businesses. Language has been adopted elsewhere to make clear that state RFRAs cannot be used against anti-discrimination bills; such a provision is currently in Texas' RFRA, although there is a proposal to remove it. Before Hobby Lobby, such language might not have been necessary. AfterHobby Lobby, it is crucial.

Much More: Hobby Lobby Comes Home to Roost as States Consider 'Religious Freedom' Legislation

"Oh, what a tangled web we weave when first we practice to deceive." ~ Walter Scott.
 
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Of course Hobby Lobby's win is going to affect RFRA. The Justices decision said it would.

In effect the Supreme Court has extended the law from 1993.

Their decision was based on RFRA.
 

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