Mertex
Cat Lady =^..^=
- Apr 27, 2013
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And?So tell me...what does this law allow for that you are against? Now, do me a favor...do not tell me it gives a company the right to discriminate. It does not. I have read the law and nowhere does it say a company has the right to discriminate.Except the Indiana law is nothing like the 1993 law.
If others have explained it, great but here is the biggest difference. The religion defense can be used in lawsuits when individuals sue business. Meaning, if they get sued by a person, not the state, they can use the defense. That doesn't apply to the federal RFRA at all.
Just because a law has the same name doesn't mean it is the same law.
What it DOES do, however, is it allows a company/company owner the right to apply his/her first amendment rights if brought into a court of law with a charge of discrimination levied against him.
He has the right to claim he was following his religious tenets...BUT AS WITH ANYONE ELSE WHO IS CHARGED WITH A CRIME, HE WOULD THEN HAVE TO PROVE IT AT HIS/HER COST OF MONEY AND TIME.
Do you feel that an owner of a company should not have the same rights as you as it pertains to your day in court?
But to bring about the affirmative defense of religious freedom, you have to essentially admit you discriminated.
Here is how affirmative defenses work. You admit you did something wrong but you admit that you had a good reason to do it. The classic example is self-defense. The person claiming self-defense isn't arguing he didn't kill anyone, he just had a good reason to do it.
So in a discrimination case, the business owner would have to admit that yes, they discriminated against that customer but they had a good reason, it violates their religion to serve that customer.
Businesses discriminate all the time. No shoes, no shirt, no service. No concealed guns allowed. No pets except service animals. Your point?
It's not discrimination when it applies to everyone....yellow, black, red and white. Geez, it's not rocket science.