Indiana’s recently passed Religious Freedom Restoration Act unleashed a firestorm of outrage because it would allow businesses to refuse service on the basis of sexual orientation. The bill’s proponents argue that businesses shouldn’t have to act in ways that violate their religious beliefs. Therefore, they should be allowed to use religious freedom as a basis on which to refuse service and with which to defend themselves from lawsuits. The outrage has been so intense that Republican Governor Mike Pence has promised a “fix.” A repeal is preferable to an amendment.
First and foremost, the very idea that a corporation (and that is what most businesses are) can have religious beliefs is ridiculous. A corporation is a legal entity separate from its owners created to protect their personal assets from attachment in case the business runs into trouble. As such, the religious beliefs of the owners cannot be inferred to be those of the corporation as well. To claim any such beliefs at all, one would want to see a baptismal record or certificate of confirmation made out in the corporation’s name.
Indiana, unlike the 19 other states and unlike the federal law Bill Clinton foolishly signed into law, does not have a statewide nondiscrimination law that specifically protects the LGBT residents and visitors to the Hoosier state. Consequently, a law that allows a legal defense for engaging in discrimination against such individuals inherently creates a second-class status.
Tim Cook of Apple criticized the law recently. The State of Connecticut has actually banned all state travel to Indiana because of this law. The Final Four part of the NCAA basketball tournament will be held in Indiana, but there have been demands that the games be played outside the Hoosier state.
The Washington Post stated
Nine chief executives of Indiana companies signed a letter Monday calling on Pence to update the law, saying that they were concerned about “the impact it is having on our employees and on the reputation of our state.”
The Indianapolis Star, in an editorial that ran on the front page of Tuesday’s newspaper, said that the law “has already done enormous harm to our state and potentially our economic future.”
Mr. Pence was caught flatfooted by this attitude. His actual words were “taken aback.” He said at a press conference yesterday, “Was I expecting this kind of backlash? Heavens no,” he said.
Indiana House Speaker Brian Bosma (R) said the legislature will act this week to “clarify” the law. The Poststated, “The fix, Bosma said, would make clear that the law does not allow people to discriminate against gays, as critics contend.”
In truth, religion in America needs no such laws to protect it. The First Amendment says “Congress shall make no law abridging the freedom of religion ….” What this law represents is political grandstanding by the Tea Party and its religious allies in an effort to convince conservatives that the government is somehow forcing a gay agenda on the country. All that marriage equality and other such campaigns represent are legitimate demands for each member of the American Republic to be treated the same as all the others.
True, it is a dangerous and radical idea, but that doesn’t make it wrong.