Recently, here in our own state of Indiana, a new law has caused huge controversy and even some protests against the state itself. This law, the Religious Freedom Restoration Act, has everal stigmas attached to it.
But what does this Religious Freedom Restoration Act (RFRA) really say? The Religious Freedom Restoration Act: Senate Bill 568 of Indiana says that “a state or local government action may not substantially burden a person’s right to the exercise of religion unless it is demonstrated that applying the burden to the person’s exercise of religion is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of furthering the compelling governmental interest” (1).
So what does this mean? It means that businesses would be free to discriminate against non-suspect or non-protected classes as long as their discriminatory practices are not in violation of a compelling governmental interest. For example, a business person could not refuse someone service on the basis of them being Latino or Black since race and ethnicity are both suspect or protected classes which require that any law passed abridging their rights require strict scrutiny.
However, LGBTQ members have not been federally declared a protected class therefore, if their rights were violated it would not go against a compelling governmental interest and would be legal. Although this law never mentions gay, bisexual, lesbian, transgender, transsexual explicitly, it implicitly allows for their legal discrimination if someone refuses them service based on their sexual orientation and on the business owners religious beliefs.
Some have argued that nothing is wrong with the law, because it never explicitly states discrimination against homosexuals, but rather it is individuals who have not read the law that declare it to be discriminatory against LGBTQ members and that they are simply misinformed. I, however, will make the argument that it does not have to explicitly state something for it to be allowed.
The fact that many businesses in Indiana have interpreted this law to mean legal discrimination against LGBTQ people is what is problematic. What I find even more problematic is that these individuals are calling upon their faith to justify their discriminatory practices. People who have used this law to discriminate against LGBTQ members have said it is because homosexuality goes against their religious faith.
So what’s next? Can people start refusing service to adulterers, fornicators, drunkards, un-wed mothers? This seems like a slippery slope, but think of how many things are a “sin” and how you can now be legally discriminated against in the state of Indiana for being a “sinner.”
There have been some provisions to the law in question in order to protect LGBTQ members from discrimination, but this is a recent development and many have said that this protection does not go far enough to prevent discrimination. Regardless of the newer amendments, we have to deal with what is at hand – that people are using their religion to justify discrimination.
In the very cliché manner, as Easter approaches I ask you all to consider what would Jesus do? Would Jesus turn away a sinner, has he ever? I ask you all to use your faith to love all and fight this legislation that has marginalized some of his most beloved children. Once again we must remember that our faith is not a reason for hate, but a much more compelling reason to love. Accept all – we are all God’s children and we should all get cake if we want it.
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