Thursday, April 2, 2015

All that noise in Indiana

The news about various Religious Freedom Restoration Acts (aka Persecution Protection Acts) has been flowing thick and fast.

In Indiana
As I understand it the Indiana House passed an amendment to the state's RFRA so that it could not be used to discriminate against sexual minorities. A step in the right direction, but since the state does not include us in its civil rights law it is still legal to discriminate against us, unless one is in a city with a local non-discrimination ordinance. Gov. Mike Pence signed it. Of course, there is no attempt to add sexual minorities to the civil rights bill, so gay organizations are still putting on the pressure.

In Arkansas
Apparently, all the noise in Indiana caught the attention of Gov. Asa Hutchinson. Or maybe it was the Gov. finding his son Seth's name on a petition asking him to not sign his state's RFRA. Either way, Hutchinson didn't sign and sent it back for revision. The new version only addresses action by the gov't, not individuals or businesses, and closely follows the 1993 federal law. That new version has been passed and signed. As in Indiana, Arkansas doesn't include sexual minorities in their civil rights laws, so discrimination is still legal. Hutchinson is considering an executive order barring discrimination for state employment.

In Georgia
The lead sponsor says the RFRA in that state is dead – for this legislative session. This is the state where an amendment was attached to specifically say it cannot be used for discrimination and lawmakers lost interest.

In Michigan
All that Indiana noise also got the attention of Michigan's Gov. Rick Snyder. He announced today that if a Religious Freedom bill came to him without being accompanied by a revision to the state's civil rights act to include sexual minorities then he would veto the Religious Freedom bill. This is great news! Especially since Snyder has never issued a veto threat before the bill's first hearing and rarely issues veto threats.

Sen. Mike Shirkey, the RFRA sponsor, remains undeterred by the veto threat. House Speaker Kevin Cotter has no interest in taking up an expansion of the civil rights act.

So, it will remain legal discriminate against sexual minorities in Michigan. A person just can't use religion as the reason (not that a reason is necessary).

Elsewhere
North Carolina Gov. Pat McCrory issued a veto threat. Montana Gov. Steve Bullock noted the Indiana backlash and said Montana didn't need a similar measure. The Montana RFRA was narrowly defeated.

Ari Ezra Waldman of Towleroad reviewed the first version of the Indiana RFRA, explaining how it is different from the 1993 federal law. Then he mentions something that is a bit disturbing – court interpretations, from the 2nd, 8th, 9th and DC Circuits, result in the federal law drifting toward the first Indiana law. What had been written to protect private citizens from the government has been expanded to protect corporations. The Hobby Lobby decision is the most well known.

Reconciling Ministries Network has issued a letter discussing the Indiana RFRA. It has a variation of the sign that has begun to appear on businesses in Indiana: "This Christ serves everyone and so do we." The letter describes the "indiscriminate servant love of Jesus Christ." It goes on to show how that appears in the Bible, in the songs we sing, and in the United Methodist Book of Discipline.

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