INDIANA DOING '180,' NOW LEAVING RELIGIOUS DEFENSELESS?
Homosexuals protesting
Indiana lawmakers, under attack from the “gay” lobby and executives of major corporations for their adoption of a religious freedom law, apparently are planning a reversal that would leave religious believers defenseless when confronted by demands from homosexuals.
Indiana has been a target of criticism this week after adopting a Religious Freedom Restoration Act similar to laws in 19 other states as well as a federal law of the same name.
The law allows courts to consider the First Amendment religious rights of those who are sued by homosexuals with “discrimination” complaints.
However, backed into a corner by a media narrative contending the law uniquely allows discrimination, Indiana Republican Gov. Mike Pence promised to “fix” it.
A sampling of the fury over the law: A talk show host described the homosexual community as “totalitarian” on the issue, a pizzeria owned by a Christian family was forced to close after a TV station ferreted out its beliefs about marriage and several companies said they wouldn’t do business in Indiana.
The federal religious-freedom law, however, was introduced by Democratic Sen. Ted Kennedy, signed by Democratic President Bill Clinton and endorsed by the New York Times.
The original Indiana law was a fair attempt to balance interests, wrote Daniel O. Conkle, a professor at Indiana University’s Maurer School of Law, in the Indianapolis Star.
He explained he’s a same-sex marriage supporter but believes the Indiana religious freedom law simply requires, as in other states, that a state have a “compelling interest” to order people to violate their faith.
“Applying this test, a unanimous U.S. Supreme Court recently ruled that a Muslim prisoner was free to practice his faith by wearing a half-inch beard that posed no risk to prison security,” Conkle noted. “Likewise, in a 2012 decision, a court ruled that the Pennsylvania RFRA protected the outreach ministry of a group of Philadelphia churches, ruling that the city could not bar them from feeding homeless individuals in the city parks.”
However, reports early Thursday said language was being considered in Indiana that would gut the original intent and provisions of the law.
One online report said a new section was being added to Indiana’s law that would forbid anyone from deciding not to provide any product or service based on “sexual orientation” or “gender identity.”
J. Matt Barber, a popular blogger and associate dean in the law school at Liberty University, said, “What was intended as a shield to protect religious liberty has now become a sword to destroy it.
“What was intended to defend people of faith against being forced by government, under penalty of law, to affirmatively violate their First Amendment-protected liberty of conscience, has now been turned into a government weapon that compels people of faith to violate that conscience.
Barber called the changes “a complete 180.”
“If this is the final version, it would be better if this ‘RFRA’ had never even been introduced. [Gov.] Pence must veto this and clarify that no person with a sincere religious belief against sin-based ‘gay marriage’ may be compelled in any way, shape or form, to participate in that counter-Christian event. If he does not, then he has become an enemy to religious liberty and his chances of ever becoming president are over.”
Joining Barber in alarm over the reports of the lawmakers’ plans was Senior Counsel Kristen Waggoner of the Alliance Defending Freedom.
“The religious freedom law is a good law. It does not pick winners or losers, but allows courts to weigh the government’s and people’s interests fairly and directs judges to count the cost carefully when freedom is stake. The new proposal unjustly deprives citizens their day in court, denies freedom a fair hearing, and rigs the system in advance. It gives the government a new weapon against individual citizens who are merely exercising freedoms that Americans were guaranteed from the founding of this country. Surrendering to deception and economic blackmail never results in good policy.”
Waggoner has defended a florist who was targeted for standing by her Christian beliefs and declining to lend her artistic talent to a homosexual ceremony.
In Washington state, florist Barronelle Stutzman already has been penalized $1,001 for her faith.
And the judge ruling in the case has opened her savings, personal possessions and even home up as a target for the homosexuals who wanted her artistic talents and now may claim her assets as damages.
Alex Ekstrom, the judge, said Stutzman, owner of Arlene’s Flowers in Richland, Washington, must pay $1,001 to the state prosecutors who charged her with discrimination for refusing to use her talents to promote same-sex “marriage.”
But the Alliance Defending Freedom attorneys representing Stutzman warned that the precedent, not the dollar figure, is the problem.
Waggoner said the award to Washington Attorney General Bob Ferguson boils down to a government threat to Christians: “Surrender your religious liberty and free speech rights, or face personal and professional ruin.”
Stutzman refused to provide flowers for a same-sex ceremony, which she believes conflicts with biblical teaching. The man who made the request and then filed a complaint was referred to several other willing florists and even was offered free flowers.
Ekstrom’s latest order also said the “defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them … are permanently enjoined and restrained from violating the Washington law against discrimination.”
Ekstrom also said the homosexuals, Robert Ingersoll and Curt Freed, “are entitled to an award of actual damages,” but he reserved determination of the amount until after any appeal has been exhausted.
Family Research Council President Tony Perkins also was alarmed by the proposed new language in the Indiana law. He chastised the executives who are using their corporations to advocate for homosexuality.
“On the eve of Good of Friday, Big Business is encouraging elected leaders to take the silver over religious freedom,” he said. “This new proposal guts the Religious Freedom Restoration Act and empowers the government to impose punishing fines on people for following their beliefs about marriage.
“Religious freedom should not be held hostage by Big Business. Big Business is now putting religious freedom in a worse place than before RFRA was signed into law. Gutting RFRA in this manner would put people of faith in the crosshairs of government discrimination as never before. Far from being a ‘clarification,’ this would gut religious freedom in Indiana. Religious freedom doesn’t need a ‘fix.’”
He continued: “This proposal would force religious businesses and even nonprofits deemed ‘not religious enough’ to participate in wedding ceremonies contrary to their owners’ beliefs. If the government punishes people for living their faith, there are no limits to what government can control.
“We urge the governor to veto this measure that will be used by the government to bring financial ruin on people like florist Barronelle Stutzman, bakers Aaron and Melissa Klein, and wedding photographer Elaine Huguenin,” he said.
“Now is the time for elected officials to refuse big business’ enticements to sacrifice the fundamental right of people to live their lives according to their beliefs. They should stand on the side of freedom and the American people — not with big business and the intolerant left who want to use the government to punish people for freely living according to their beliefs,” concluded Perkins.
The language reported to be in the works in Indiana would have to go through the legislative process and be signed by the governor.
Significantly, the Huffington Post reported that even this language does not satisfy homosexual activists.
“Now that there’s broad public understanding that gay and transgender people in much of Indiana are terribly vulnerable to arbitrary discrimination by businesses, refusal of housing and being fired just for being who they are – and even Gov. Pence has agreed that that is wrong – that unacceptable situation requires a full solution,” said Lambda Lagal’s Jennifer Pizer.
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